Eviction Laws & Procedure

Evictions typically follow a pattern: service of a notice to quit followed by an appropriate summons and complaint duly served in accord with state law. Legal representation is critical in following the steps properly. Lack of legal representation often leads to a great deal of lost time or having to repeat steps which were not completed properly, to a landlord’s detriment.

The reasons for eviction the law is most likely to support are:

  • failure to pay rent

  • violent behavior

  • destructive behavior

  • breach of lease

It’s difficult for a landlord to evict a tenant who is paying rent, but it is not impossible. Usually, if you have a lease, you cannot evict a tenant unless that tenant breaches or violates the lease. Additionally, certain types of egregious behavior like major property damage or violation of laws can lead to a successful eviction.

The exact terms of your lease are critical in eviction law. If you are thinking of evicting a tenant, or in the process of being evicted, it’s a good idea to have a lawyer look over your lease as soon as possible to determine if the eviction is fully lawful.