Eviction Process For Renters
To initiate the eviction process, the landlord has to send a written notice to the tenant. If the landlord sends a 1-month notice, he can specify the tenant to vacate the premises after a particular date, a month after the rental period begins. Otherwise, he can specify monthly tenancy in the rental agreement itself.
In case the tenant violates any conditions mentioned in the rental agreement, the landlord needs to send a week’s notice period to correct the obligations. If the tenant fails to meet two of the 7-day notices issued within a period of 6 months, the landlord can proceed for evicting the tenant.
If the tenant does not pay the rent on time or violates the law knowingly, the landlord should send a three day notice mentioning the same.
If the tenant fulfils the obligations mentioned during the notice period, the issues get automatically settled without the intervention of the court. If the notice period expires, the landlord can approach the court to settle the issue. In this case, he files what is called a Petition by Owner for Restitution in order to have the tenant evicted.
In this document, he can also demand the additional amount for rental payments, late fees, utility charges, damage to the property as well as legal expenses.
Before the hearing date, the tenant can file an answer to this petition admitting or denying the claims or demands of the landlord. However, the answer is not considered as a proof but it gives an opportunity to the tenant to defend during the trial.
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