Because of the importance of this subject to both landlords and tenants, our CSEU (Corner Stone Electronic University) provides a very extensive e-course on evictions that is available at no charge to RHOL members. Review the e-course today. Then set aside some time to complete the material and take the eviction proficiency examination. The knowledge you gain will likely be worth thousands of dollars to you and dramatically reduce the stress associated with an eviction. Click Here .
There are four types of tenancy:
Estate For Years
Tenancy at Will
Tenancy at Sufferance.
Evict only when all else fails.
Types of eviction:
Constructive eviction occurs when a rental property becomes untenable, or a landlord substantially interferes with a tenant's ability to use the property for its intended purpose.
A tenant who has been constructively evicted has a number of legal recourses.
Retaliatory eviction occurs when a landlord attempts to evict a tenant in response to some (legal) action taken by the tenant.
There are of course, countless cases where a landlord and tenant become emotionally and personally upset with each other which may not constitute a clear violation of either the lease or the law. In such instances it behooves a landlord to step back from the situation and consider the consequences if he takes any action that could be held to be a constructive or retaliatory eviction. The costs could be extreme.
Legal Eviction. The only legal way to remove a tenant from your property, no matter the reason, is with a court order and writ of restitution.
The eviction laws of every state differ. RHOL has a detailed e-course on evictions . Most landlords confine an eviction for non-payment to possession and back rent. They seek money for damages in small claims court.
You may have to hire an attorney , depending on how you hold title to the property and in which the state the property is in.
Evictions for Cause An important question arises if a rental property is federally owned, or federally funded but privately owned, as to when and how a tenant can be evicted.
Evictions may involve:
A Notice to Quit
Serve the notice
Complaint and Summons to appear
The above topics are discussed in much more depth
on our members' Eviction Information page.