Apartment Eviction Rules
- Facing the prospect of eviction can be frightening for a renter. For a landlord, not following the proper procedures when evicting a tenant can have serious financial and legal consequences. Eviction laws vary from state to state, so learning more about eviction regulations that apply to you benefits property owners, property managers, leasing consultants and apartment tenants.
- In certain states, a landlord has the right to evict without cause any tenant on a month-to-month lease, provided he gives the renter a 30-day written notice. In most cases, however, particularly those involving long-term leases, a landlord must give the tenant a written notice stating the reason for the eviction and allowing the renter a specified time to correct the problem and avoid eviction.
- Landlords don't have to accept partial payment for rent or negotiate a payment plan with the tenant. By law, if a landlord sends a tenant an eviction notice for nonpayment of rent and then agrees to accept partial payment of the total owed, he cannot enforce the eviction notice.
- If a tenant does not correct the lease violation or vacate the premises, the landlord's next move typically is court action. He must obtain an official eviction notice from the court and mail it to the tenant or arrange for the sheriff's department to serve the notice. This gives the tenant a chance to argue his case before a judge if he believes the eviction is unjust. If the court rules in favor of the renter, the landlord could face paying compensation.
- In most states, landlords cannot remove a tenant or his possessions from the rental property at any time, even if the tenant has violated the lease, is seriously delinquent in rent and has been served with an official eviction notice. Only a law officer has the right to physically remove an evicted tenant and his possessions.