Residential Eviction Laws

A residential eviction is a legal process by which a landlord removes a tenant from their rental property. This process is usually initiated due to a breach of the lease agreement by the tenant, such as non-payment of rent or violation of other terms in the lease.

What Are the Grounds for Residential Eviction?

The grounds for residential eviction typically include the following:

Non-Payment of Rent

• Scenario where eviction is justified: Let’s say a tenant, Jane, consistently fails to pay her rent on time over several months. Despite multiple reminders from the landlord, she either pays late or doesn’t pay at all. This persistent non-payment of rent is a clear violation of the lease agreement and a valid ground for eviction.
• Scenario where eviction may not be justified: Suppose Jane misses a single rent payment due to a banking error, and she promptly rectifies the error as soon as she becomes aware of it. This one-time, quickly rectified incident would likely not constitute grounds for eviction, especially if Jane has an otherwise consistent record of on-time payments.

Violation of Lease Terms

• Scenario where eviction is justified: Consider that Jane’s lease agreement clearly states “no pets allowed.” However, Jane brings a dog into the apartment. After being reminded of the no-pets policy and given time to remedy the situation, she refuses to find a new home for the dog. This would constitute grounds for eviction.
• Scenario where eviction may not be justified: If Jane’s landlord discovers she has a goldfish, a typically low-impact pet, in violation of the lease agreement, the court might deem eviction as too harsh a remedy for such a minor infraction.

Illegal Activity on the Premises

• Scenario where eviction is justified: Suppose Jane starts using her apartment to sell illegal drugs. This illegal activity would certainly provide grounds for eviction.
• Scenario where eviction may not be justified: Suppose Jane has a roommate who, unknown to Jane, has been using illegal drugs in the apartment. If Jane promptly reports this activity to the police and the roommate is arrested, the landlord might not be able to evict Jane for illegal activity, especially if Jane can prove she was unaware of her roommate’s actions.

Staying Beyond the Term of the Lease Without the Landlord’s Consent

• Scenario where eviction is justified: If Jane’s lease expires on December 31st, but she continues to live in the apartment into the new year without renegotiating her lease or obtaining consent from her landlord, she could be evicted for overstaying her lease.
• Scenario where eviction may not be justified: If Jane’s lease expires and she continues to pay rent, and the landlord accepts these payments without asking her to leave or sign a new lease, the landlord may be seen to have agreed to Jane’s continued tenancy. In this case, eviction might not be justified.

Remember, laws vary by location, and the outcome of an eviction process can depend on the specific details of the case and local landlord-tenant laws. Consulting with a landlord-tenant attorney can provide valuable guidance for anyone involved in an eviction process.

Why Would a Tenant Be Evicted from His or Her Residence?

A tenant could be evicted from their residence for several reasons. As mentioned earlier, these could include failure to pay rent, violating lease terms, conducting illegal activity on the property, or refusing to leave after the lease has expired. A landlord, however, must follow the legal process to evict a tenant – they cannot forcibly remove a tenant without a court order.

What Is the Process of Residential Eviction?

The process of residential eviction typically begins with the landlord giving the tenant a notice to correct the lease violation or vacate the property. If the tenant fails to comply, the landlord can then file a civil court case. The tenant is served with a summons to appear in court, and if they lose the case, a judgment is issued allowing the landlord to regain possession of the property.

If the tenant still refuses to leave, law enforcement can remove them. This is not the same as a commercial eviction, which involves a business tenant rather than a residential one.

How Can I Defend Against Wrongful Residential Eviction?

Defenses against wrongful residential eviction can include showing that the landlord did not follow the legal eviction process, that the eviction is in retaliation for the tenant exercising their legal rights (such as complaining about unsafe living conditions), or that the eviction is discriminatory. In some cases, a tenant may ask for a summary judgment.

During the summary judgment process, a decision is made on the basis of statements and evidence presented for the record without a full trial.

Landlord Did Not Follow the Legal Eviction Process

• Scenario where this defense could work: Let’s say Jane’s landlord decides to evict her for being late on rent one month. Instead of providing her with written notice and time to pay the owed rent, the landlord immediately files for eviction. In this case, Jane could argue that the landlord did not follow the correct legal procedure for eviction.
• Scenario where this defense would not work: If Jane’s landlord provided her with proper notice of the intent to evict and allowed the appropriate amount of time to pass before filing for eviction, her defense arguing that the landlord didn’t follow legal procedure would likely not succeed.

Retaliatory Eviction

• Scenario where this defense could work: Suppose Jane complained to the local housing authority about her landlord’s failure to fix a broken heater in her apartment. If the landlord attempts to evict her shortly after the complaint, Jane could argue that this is a retaliatory eviction.
• Scenario where this defense would not work: If Jane withheld rent because her landlord wouldn’t fix the heater, and she didn’t report this to a housing or health authority, the landlord could potentially evict her for non-payment of rent. The retaliatory eviction defense might not protect her in this case.

Discriminatory Eviction

• Scenario where this defense could work: If Jane could show that her landlord is trying to evict her based on her race, religion, sex, family status, disability, or other protected class (under the Fair Housing Act), she could have a valid defense against the eviction.
• Scenario where this defense would not work: If Jane’s landlord is evicting her for a legitimate lease violation, like non-payment of rent, and she can’t demonstrate that the landlord’s actions are motivated by discrimination, then a discrimination defense is unlikely to be successful.

Summary Judgment

In some cases, a tenant may ask for a summary judgment, which is a decision made by the judge based on the facts presented without going through a full trial. This could work if the facts are undisputed, the tenant can show the landlord’s claim is without merit, or if the tenant can demonstrate that the landlord has not met the legal requirements for eviction. However, if there are disputed facts that require a trial to resolve, a judge is unlikely to grant a summary judgment.

As always, laws vary by jurisdiction, and the success of a defense can depend on the specific details of the case. It’s always wise to consult with a landlord-tenant attorney when facing eviction.

Do I Need a Lawyer?

If you’re facing a residential eviction, it’s often beneficial to consult with a landlord-tenant lawyer.

Whether you’re a landlord trying to evict a tenant or a tenant facing eviction, a lawyer can help you navigate the complex legal process and ensure your rights are protected. LegalMatch can connect you with a qualified landlord-tenant lawyer in your area who can provide the guidance you need.