FAQs on Evictions

by Remy Lacanaria


Posted on 2019-09-01 20:17:01


FAQs on Eviction.PNG

 

Dealing with eviction can be challenging, but it's part of a landlord's a life. You just have to deal with it confidently and legally. Here are some frequently asked questions about evictions:  

 

Q: How long does eviction take?

A: Generally, it can take about between a few weeks to a few months. Since eviction can be filed in court, the timeline may depend on the schedule of the court date and adhere to when a sheriff can perform a writ of possession.  

 

Q: Does eviction has a cost?

A: Eviction can be one of the most expensive and tough parts of being a landlord. But it may vary depending on the eviction proceedings. There are tenants who willing to move out, some may aggressively cause damage of property and some tenants may fight the eviction in court. And costs also vary depending on the states and difficulty of the eviction, court cost can be costly.  

 

Q: What if the tenant doesn't have a rental contract, would it still be possible to evict a tenant?

A: Tenant without rental agreement is called "Tenant at will". This can be terminated by either the landlord or tenant just with a 30 days’ notice minimum. Another interesting reality about "tenant-at-will" situation is that you don't necessarily have to provide other reason except that you want to end the tenancy. Since there is no contract involved, a tenant may just need a notice to move out.    

 

Q: Does a landlord have to return a security deposit to the tenant?

A: The landlord must return the remaining or unused portion of the security deposit within a specific period. In most states, the landlord must return the security deposit plus the interest if applicable within 30 days. Most states require a landlord to return the security deposit. The landlord must issue the tenant with an itemized list of deductions within 14 to 60 days from the date after the tenant moves out.

 

Q: What if the tenant refused to leave?

A: If a termination notice or notice to vacate has already been properly served and the tenant still refused refuses to leave, the landlord may file dispossession action in the local civil court. After a due process, the court will issue an eviction notice.  In many states, the law enforcer or the sheriff has the authority to enforce the Judge order to physically remove the tenant and all their personal belongings from the property. 

 

Q: What are the common reasons to evict a tenant?

A: Here are some of the reason why a tenant is evicted:

  • The lease has expired.
  • Breach the terms of the lease.
  • Tenant damages the property
  • Illegal drug activity.
  • Nonpayment of rent.
  • Illegal use of the property.
  • Health or safety violations.
  • Causing disturbance or problem to the neighbors. 

 

 


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