Eviction is a legal process by which a landlord forces a tenant or other occupant to move out of the landlord's property involuntarily and usually permanently. Legal terms for eviction include summary possession and unlawful detainer. Ongoing events • 2005 Atlantic and Pacific hurricanes • 2005 Maharashtra floods • 2005 Gujarat Flood • Expo 2005 in Aichi, Japan • Fuel prices • Gomery Comm. ... A landlord, or landlady, is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called the tenant. ... A tenant (from the Latin tenere, to hold), in legal contexts, holds real property by some form of title from a landlord. ... // Use of the term The concept of property or ownership has no single or universally accepted definition. ...

In most areas, landlords can evict tenants at the end of a lease term without cause. In other areas, there are just cause eviction controls, or "just cause" laws, which require that a landlord have a valid reason for eviction, such as nonpayment of rent or damaging the property. Just cause eviction controls or Just Cause are laws that protect renters by ensuring that landlords can only evict with proper cause, such as a tenants failure to pay rent or destruction of property. ...

The requirement of notice also varies; in some areas, landlords must post an official eviction notice on the property a certain number of days before the tenant can be forced off the property. In some areas the landlord must get the police to post this notice.

Most jurisdictions require the landlord to obtain a court order before a tenant can be evicted. This usually involves filing a lawsuit in the local eviction court, which is then heard by a judge, magistrate, or referee. If the landlord is found to have a just cause for eviction, the tenant is given a specified number of days in which to move. If he fails to do so, some jurisdictions allow the landlord to take possession immediately, while others require a peace officer (sheriff, bailiff, or police officer) to be present for the set-out. A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorises the carrying out of certain steps by one or more parties to a case. ...

Eviction law varies widely from state to state, and sometimes county to county or city to city. Any landlord faced with a tenant they must evict, or any tenant faced with the threat of eviction, should seek legal counsel to determine the practice in their community and their respective rights and obligations.

Evictions in California

Notice Preceding Complaint

Under California law, a landlord must serve the tenant with a notice before an eviction procedure can commence. If the tenant is behind on rent, a three-day Notice to Pay Rent or Quit must be served. If the lease has been violated, then a three-day Notice to Perform Covenant or Quit must be served, and the landlord should try and collect evidence to prove that a breach has occurred. These notices must be stated in the alternative (providing tenant an opportunity to correct the breach) to be valid. If the breach is serious (as defined by law) and not curable (e.g. the tenant has been using or selling drugs), the notice does not have to be phrased "in the alternative," and a three-day Notice to Quit may be served, stating the incurable breaches.

If landlord wishes to terminate a month-to-month rental agreement without good cause, 30 days notice must be given.

Laws differ under Section-8 housing and in some rent-control jurisdictions, making it more difficult for the landlord to terminate the tenancy, especially without good cause. Eviction laws for mobile homes (where the home as well as the tenant must move) require longer notice periods and must be for a just cause.

Unlawful Detainer

If the tenant remains on the premises after the expiration of the notice (without correcting the breach if applicable), then the landlord may file an Unlawful Detainer lawsuit with the court, and have the documents personally served on the tenant (other methods of service are not ideal, as they allow the tenant more time to respond, while service by posting and mailing requires a court order). Term used in California for an eviction lawsuit. ...

The trial process is expedited due to the time-sensitive nature of the matter (i.e. the landlord may be losing rent each day the tenant is in possession of the premises), and the tenant is allowed only five days to answer the complaint. If the tenant fails to respond, the landlord may obtain a Default Judgment and Writ of Possession, and have the sheriff execute the writ by forcibly removing the tenants if necessary.

If the tenant does answer the complaint (which is always in their best interest, even if they have no reasonable argument for defense), the parties may set the matter for trial by filing the appropriate document with the court. The trial will be set by the court within twenty days. Typically, tenants request jury trials whereas landlords prefer bench trials. Each side is allowed to present witnesses or evidence to prove their case. Generally, in non-rent-controlled jurisdictions, the landlord prevails unless they overstated the amount of rent due, committed a fatal procedural error in either the service of papers or in the notice or complaint, or the tenant succeeded in raising an affirmative defense such as the landlord's "breach of the implied warranty of habitability." If the tenant has requested a jury trial, it is likely the case will be settled via stipulation pre-trial since legal fees can be prohibitive. Typical settlements include the "pay and stay" (where the tenant pays off the back rent or cures the alleged breach in return for continued possession) or the "move-out deal" (where the tenant moves out in exchange for a waiver of back rent or some other amount of money).

A monetary judgment may only be obtained at trial, and not by default. It can be quite difficult to enforce a money judgment against a former tenant, unless the landlord knows the tenant's bank account information, or where the tenant is currently employed. Therefore, the primary objective of an unlawful detainer is to evict the tenant from the premises.

Landlord/tenant law, while not as complex as many other areas of law, is still too complicated for the average landlord or tenant to fully understand. Landlords may want to consider hiring an attorney to represent them in their case, as issues such as retaliation and habitability are commonly raised as a defense. Tenants are also well advised to seek legal advice regardless of whether they believe they can afford it. There are inexpensive or free legal aid centers for those who qualify in every major county that can assist tenants in the preparation of court documents.

External links

• U.S. Directory of Free Legal Services has links to non-profit programs that help tenants facing eviction.