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Rental Eviction
Rental eviction is a legal process by which a landlord seeks to remove a tenant from a rental property. This process typically begins when a landlord issues a formal notice to the tenant, such as a 3, 30, 60, or 90-day notice, depending on the reason for eviction and local laws. If the tenant does not comply by either remedying the issue (like paying overdue rent) or moving out, the landlord may file a lawsuit called an Unlawful Detainer to legally evict the tenant.
Evictions can occur for various reasons, often categorized as "at fault" or "no fault" evictions:
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At fault evictions occur when the tenant is alleged to have violated the rental agreement or law, such as:
- Failure to pay rent
- Breach of lease terms
- Causing a nuisance or damage
- Illegal use of the property
- Unauthorized subletting
- Denying landlord access when legally required
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No fault evictions happen when the tenant has not done anything wrong, but the landlord needs the property for other reasons, such as:
- Owner or family member moving in
- Substantial remodeling or demolition
- Government orders or conversion of the property
- Sale of the property by HUD
In many jurisdictions, laws like California's Tenant Protection Act of 2019 require landlords to have a valid legal reason ("just cause") to evict tenants who have lived in the unit for a certain period (e.g., 12 months). For no-fault evictions, landlords may be required to provide relocation assistance to tenants.
The eviction process is regulated to prevent illegal actions by landlords, such as locking out tenants without court approval or shutting off utilities to force a tenant out.
In summary, rental eviction is the formal, legal procedure landlords use to regain possession of a rental unit, either due to tenant fault or other legitimate reasons, following specific legal requirements and protections for tenants.