Eviction For No Cause. If a landlord is evicting a tenant for a reason other than those listed above or for no reason at all, and the tenant is renting month-to-month or weekly, the tenant is entitled to at least 60 days notice if renting by the month, or 21 days written notice if renting by the week. However, if a tenant has resided in the unit for longer than two years, the landlord must give the tenant at least 90 days notice. If there is a lease for a set period of time, the tenant may not be evicted for no cause before the end of the lease unless the lease specifically allows it (see below).
If a tenant receives a 60 day no-cause termination notice and decides to move earlier, he or she must still give the landlord a full rental payment period notice of moving (see page 41, “Moving Out.”)
Eviction Under a Written Rental Agreement. If there is a written lease, it may provide that the landlord, the tenant or either may terminate the tenancy for no cause or for any reason on which the parties agree. Such a provision may reduce the notice period required for a no-cause eviction to less than 60 days, but, except in cases of nonpayment of rent, under no circumstances may the lease allow the landlord to give less than 14 days notice of termination if rent is payable monthly, and 7 days if payable weekly.
Going To Court
If the tenant hasn’t moved by the termination date in the notice, the landlord can sue the tenant in court. The landlord must have the court papers (Summons and Complaint) delivered to the tenant by a sheriff or constable. Once the tenant is served with a summons, he or she must give a written response (called an Answer) to the court and give a copy of the answer to the landlord’s lawyer within 20 days of being served. If a written response is not filed, the court will issue an order giving the landlord the right to take possession of the apartment shortly after the sheriff delivers the order to the tenant. Just showing up in court without filing a written answer will not prevent this.
If an answer is filed with the court, the case will eventually be scheduled for trial, unless the tenant and landlord work out a deal beforehand. Such a deal may provide, for example, that the tenant will move out on a certain day, in exchange for the landlord dropping some or all of his or her claim for back rent. It may also provide that the landlord will do needed repairs and the tenant will start paying rent again when the repairs are completed. Any settlement should be put in writing with each party getting a copy, and another copy should be filed with the court clerk.
On Your Own, 2008 Edition 43
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