lease term should give the landlord written notice of their intention at least one full rental period before the lease expires.
Evictions
Eviction is the legal procedure used when a landlord wants a tenant to move out of an apartment. The eviction process protects the rights of both parties. A tenant is not “evicted” until the entire court process is complete, a judge issues an order, and the order is delivered to the tenant. Under no circumstances may a landlord remove a tenant who is still living in an apartment without first getting a judge’s order to do so.
If a tenant doesn’t have a lease, the landlord does not need a reason to evict. A landlord can ask the tenant to leave at any time, even in winter, and even if the tenant has children, provided the tenant has been given proper notice.
If a landlord wants to evict a tenant, he or she must first give the tenant a notice to vacate. Proper notice must be written, give the reason for the eviction, include the termination date, and be properly furnished to the tenant a specific period of time in advance. The amount of advance notice the tenant receives depends on the reason for the eviction.
If a tenant hasn’t moved by the termination date, the landlord can sue the tenant in court to get him or her out.
Eviction for Non-Payment of Rent. In non-payment of rent cases, actual notice must be given by a written notice, hand delivered to the tenant or mailed to the tenant’s last known address. It must give the tenant at least 14 days before the termination date specified in the notice to leave or face eviction. The tenant has until the termination date to pay the rent owed; if the tenant pays all the rent before the termination date the rental agreement continues.
The notice must specifically state how much rent is due, and that if the tenant pays all back rent due before the termination date, the tenancy will continue. A tenant can “catch up” this way only three times in twelve months; after that the landlord can evict for nonpayment, even if the tenant did pay the back rent.
Eviction for Breach of Rental Agreement. If the tenant violates the lease or the landlord/tenant law, the landlord may terminate the tenancy by giving the tenant at least 30 days written notice. The notice must specifically state what actions of the tenant caused the eviction.
42 On Your Own, 2008 Edition
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