Eviction Basics - Part 1

When it comes to the eviction process, knowing your rights can help.


Mark T. Stewart, Esq.

3/18/20241 min read

When a landlord needs to put out a tenant before their lease is up, they have to follow certain steps. This usually starts with giving the tenant a warning, called a notice.

  1. Reasons for Eviction: Landlords can't just put tenants out for no reason. Common reasons include not paying rent on time or breaking the rental agreement. If a tenant does something illegal on the property, like using drugs, that's also grounds for eviction.

  2. Notices: Depending on the situation, the landlord is required to give the tenant a specific notice before they can start the eviction process.

    • Five-Day Notice to Pay Rent or Leave: If a tenant is late on rent, the landlord can give them a notice saying they have five days to pay up or leave.

    • Thirty-Day Notice to Fix or Leave: If the tenant breaks the rules but can fix the problem, like repairing something they damaged, the landlord gives them 30 days to do it or leave.

    • Thirty-Day Notice to Leave (No Chance to Fix): If the tenant does something serious, like causing big damage, the landlord can tell them to leave in 30 days without any chance to fix it.

    • No Notice Needed for Serious Offenses: If a tenant does something really bad that's not fixable and is a danger to others, like drug dealing, the landlord can skip the notice and go straight to eviction.

Remember, the procedure might vary depending on what city or county the case occurs in, so it's important to check the local rules and practices.

Note: This post is intended for informational purposes only and does not constitute legal advice. Individuals should consult with a qualified attorney for legal guidance specific to their situation.