 Sam
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 Posted: Sat Apr 10, 2004 3:35 am Post subject: Eviction - Legal Process of Repossessing Property |
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Eviction is a legal process by which a landlord regains possession of his own property by removing the tenant through court judgment. Most state laws require the landlord to file an eviction lawsuit with the court. The landlord is known as the "plaintiff" and the tenant is called the "defendant".
There are a number of reasons for which a landlord can evict a tenant. Some of them are given below.
- Unpaid rent
- Failure to abide by the terms of the rental agreement (which may be verbal or written)
- Termination of the lease term.
- The tenant's decision to leave the rental unit.
- The tenant's failure in maintenance of the property.
The Process
If the judge finds that the cause for filing the eviction is reasonable, then he issues a writ of possession which orders the sheriff to remove the tenant from the rental unit. But the tenant is given at least 5 days from the day the writ is provided. If the tenant fails to leave by the end of the 5th day, the writ gives the sheriff the power to remove the tenant from the property and seize all his belongings.
The court may also provide the landlord with unpaid rental charges if the eviction is based on the tenant's failure to pay rent. The court may provide the landlord with costs for repairing damages, court costs and attorney fees. The judgment against the tenant is reported on his credit report for 7 years.
But in case the court decides in favor of the tenant, the tenant will not have to vacate the property. Rather, the landlord will have to pay the court costs, and the tenant's attorney fees. But the landlord will have to make such payments only if there is an attorney's fee clause in the rental agreement and an attorney has assisted the tenant during the eviction case. |
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