The eviction process is incredibly complex and stressful for tenants. So, let’s uncover the mysteries behind it and see what your rights and due processes are when your landlord wants to evict you. Read more below.
Main Takeaways
- Landlords evict tenants because of unpaid rent, lease/rental agreement violation issues, or other severe issues.
- The eviction process starts when tenants don’t fix their violations or move out as directed, and is followed by a court case and its verdict.
- Wrongful evictions can include retaliatory evictions, “no-just-cause” evictions, self-help evictions, and discriminatory evictions.
- You can deal with a wrongful eviction by consulting with an attorney or legal aid group and working with them.
- We’ll also delve into whether tenants can appeal evictions, how long evictions take, and other common FAQs.
What Are the Main Reasons Landlords Evict Tenants?
As property management services in North Virginia, we know that a clearly reasoned termination notice is always necessary. These could include:
Pay Rent or Quit Notice: While states vary, most give you 3-5 days’ notice to pay the rent. If you pay, you can stay. However, if you don’t pay, you will have to move out and be liable for the fines. This could come in the form of your security deposit or, unfortunately, a lawsuit.
Cure or Quit Notice: With these, you receive a notice-provided period to fix your lease/rental agreement violation or move out. For instance, if you have caused ceiling damage, you must fix it within the stated period. Still, if you do not fix this violation, you will be forced to move out by the notice-provided deadline.
Unconditional Quit Notice: No ifs, ands, or buts—you must move out within a notice-outlined period. This is only legal if you have violated your lease/rental agreement multiple times, not paid rent multiple times, committed a crime on the property, or damaged the property.
Outside of evictions, your landlord may simply want you to move out because your rental agreement or lease has come to an end. Or, there could be factors outside of your control, like a change in property ownership or foreclosure. On the contrary, there is the illegal eviction (also known as “wrongful evictions,”) which we’ll get into later.
The Eviction Process, Step-by-Step
If you do not move out when the conditions call for it, your landlord will begin the eviction process. Each state has its own nuances. Generally, though, it could look like this.
- You do not fix the issue stated in the notice and/or do not move out by the notice-provided date.
- Your landlord gives you a summons and complaint for eviction.
- The case is processed and goes to court. You must attend this hearing because the judge will rule against you by default if you don’t.
- If your landlord wins the case, you will have a few days to gather your things before law enforcement removes you from the property.
If your landlord hasn’t followed the procedure to the letter throughout this process, you can request that the initial case be thrown out. This can buy you some time.
Furthermore, this eviction process is always necessary whether you have a formal, written rental agreement or simply a verbal one.
What Is a Wrongful Eviction?
Wrongful evictions are illegal evictions that occur when bad landlords don’t follow the correct legal protocol. These evictions can include:
Retaliatory Eviction
Retaliatory evictions happen when landlords try to evict tenants as retaliation for a tenant asserting their legal rights. For instance, if tenants refuse to pay rent because their home isn’t sufficiently habitable, and landlords respond with eviction, that is retaliatory.
No Just Cause
If landlords try to evict you without expressing an explicit, legally compliant reason, there are no grounds for eviction. As such, these evictions are called “no just cause” evictions.
Self-Help Eviction
It’s unlawful for your landlord to avoid due process and take matters into their own hands. This is called a “self-help eviction.” Such an illegal eviction would include:
- Cutting Off Utility Access: If your landlord turns off the water, electricity, or other utilities, that goes against the law.
- Changing or Installing New Locks: Again, until your landlord has court-ordered permission to remove you, they have no right to prevent you from entering your unit.
- Removing and Throwing Out Your Belongings: Until your landlord is given the go-signal, they cannot touch your belongings.
- Becoming Violent or Threatening: If your landlord attempts to kick you out with force or threats of it, that violates both tenant’s rights and eviction laws. More importantly, though, you deserve to be safe. If this occurs, please call your housing authority, local legal aid center, police, or tenant rights organization immediately.
Discriminatory Eviction
If your landlord attempts to evict you based on certain identities you have, that is an illegal eviction. It actually constitutes a fair housing law violation. For instance, if you are kicked out because of your disability, gender, race, religion, or other protected classes, that is plainly illegal.
Also, note that individual states may have added protected classes. As one example, Virginia protects renters based on elderliness.
Dealing with a Wrongful Eviction (No Matter Your Income Level)
If you think you may have faced a wrongful, illegal eviction, it’s time to get legal assistance. By doing so, you can get paid back damages, get your tenancy back, and other remedies.
On that note, some people do not have the financial resources to hire a lawyer. No matter your financial status, you still deserve legal representation.
Rest assured that there are resources you can turn to, such as legal aid or tenant rights centers and funds. They are here to help, and they may be able to provide low-cost or free legal representation for you.
The Legal Eviction Defense Process
Either way, you should know about the legal eviction defense process below for future reference.
- Know Your State’s Requirements
To start with, it’s critical to memorize your local tenant rights and eviction laws. This way, you can know whether the move to evict counts as a legal or illegal eviction.
- Consult an Attorney
Now, you and/or your legal aid team should consult a lawyer. By doing this, you can get a feel for how strong your case is. From there, they can help you go through the next steps.
- Gather Evidence
Then, gather all relevant files, such as communications with your landlord, your lease agreement, eviction notices, and proof of payments. Furthermore, it’s a good idea to take photos or videos of the property to record its condition.
- Send a Demand Letter
If you send a demand letter detailing your claims, evidence, and sought-out compensation, you could settle the issue out of court. Attorneys can help you go about this.
- File Your Claim
If your letter doesn’t change the situation, you and your lawyer can file a formal complaint (lawsuit) against your landlord.
- Serve Notice to the Landlord
A process server or sheriff’s deputy will serve the complaint to your landlord.
- Attend Court Proceedings
Here, you should fully participate in all hearings as advised by your lawyer. To prepare, organize together all your documents for your presentation of evidence.
At this point, you could have chances to mediate or settle the issue. However, if these don’t work, your case will go ahead to trial.
- Collect Judgement
If the court rules in your favor, you may earn damages or other solutions. You should remove the eviction from your record. Moreover, you must follow court orders till the end.
If the court doesn’t rule in your favor, you can appeal the ruling, which we’ll get into below.
Eviction Process FAQs
Without further ado, let’s answer some of the most common questions people have regarding the eviction process.
Can a Tenant Appeal an Eviction?
Yes, a tenant can appeal against their eviction. Tenants should make their move on this quickly, within 30 days of the court’s judgment.
Can You Stop an Eviction by Paying?
If landlords want to evict you because of a Pay-Rent-or-Quit Notice, then yes. Or, if you’re getting evicted because you haven’t paid for certain repairs, you can similarly avoid eviction by paying.
How Long After an Eviction Can I Rent Again?
You can apply for a rental any time after the eviction process. However, to get your application accepted, you should work on building your credit score and references.
How Long Does an Eviction Take?
Depending on your jurisdiction’s laws, the process can take a couple of weeks to a couple of months.
Another factor that impacts eviction process timeframes is how backlogged your local court is. Furthermore, your reason for eviction may affect the process.
If Moving Immediately Isn’t Possible for Me, What Can I Do?
If it’s untenable for you to move immediately, you can seek a legal hardship stay of eviction. This can allow you to stay for a few months more. Remember, you likely would have to make consistent rent payments until the grace period ends.
Can I Pay Rent After the Eviction Notice?
Yes. In fact, you must continue to pay the rent until you either move out or finish the eviction process.
Let Property Managers Help You Handle the Eviction Process
If you’re concerned about being evicted, you should communicate the issue directly to your property manager or landlord. They can help you understand the reasons you might be at risk, as well as guide you through your potential options.
On the other hand, if you’re a landlord who wants to balance keeping tenants happy while making sure the rent comes in on time, we can help. Our full-service team can collect payments, work with tenants to resolve various issues, market rentals, do repairs, and countless other tasks on your behalf. Contact us today to streamline your landlord work!
