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How to Navigate the Eviction Process in Your State
Every state, and in some cases counties or cities, has its own set of eviction laws, and some states may have an eviction moratorium, which helps keep a tenant in the property for the time being, even without paying rent. Your first step should be to understand the current policies and laws that impact your rights and options as a landlord specific to eviction proceedings, and the rights of the tenant as well.
Federal, state and local laws can provide tenants with certain rights that can provide protection for a tenant if their landlord seeks to evict them. Federal eviction protections were put in place for 2020 and many were extended into 2021. Some states and cities have their own temporary eviction moratoriums.
Having access to an eviction lawyer can help you understand the law and options that are available to you.
It is now more important than ever to have the help of a landlord-tenant lawyer to make sure the eviction process is done correctly. Join LegalShield now and you can be on the phone with a provider law firm in as little as four business hours of membership approval for legal help.
Eviction process issues and questions
Below are some additional issues and questions related to the eviction process.
Make sure you have a valid reason for an eviction (such as nonpayment of rent or violation of the terms of the lease).
Keep a record of all tenant/landlord communication and interactions throughout the tenancy, and before and during the process. (Written is always best!)
Have you given written notices in the proper manner, with an opportunity for the tenant to cure? For failure to pay rent or violation of the lease, the tenant should be given written notice with the amount of time allowed by law to cure the problem before the formal eviction process is undertaken.
Is the tenant eligible for eviction protection under an eviction moratorium? Have they taken the necessary steps to be eligible?
Are there other violations of the rental agreement beyond paying rent that may provide you additional options?
Property managers may want to talk to tenants to attempt to remedy the situation before starting a formal eviction process.
Landlords shouldn’t attempt to take the eviction process into their own hands by changing the locks or removing a tenant’s property.
If an eviction lawsuit is required, am I required to have a lawyer represent the business in court?
How to remove the tenant from the property using local law enforcement, if the tenant does not vacate on their own.