YOUR BEHIND ON YOUR RENT-CAN THE LANDLORD JUST LOCK YOU OUT?
Your landlord can't evict you unless he has has gone to court
and proved that you did something wrong that justifies ending
the tenancy.
And your landlord can't proceed with an eviction lawsuit without
terminating the tenancy first. This usually means giving you
adequate written notice, in a specified way and form. If you
don't move after proper notice (or reform your ways -- for
example, by paying the rent or finding a new home for the dog),
the landlord can file a lawsuit to evict you. (This is sometimes
called an unlawful detainer, or UD lawsuit.)
State laws set out very detailed requirements for landlords who
want to end a tenancy. Each state has its own procedures as to
how termination notices and eviction papers must be written and
delivered ("served"). Landlords must follow state rules and
procedures exactly.
If you do get hauled into court, and you can point to shoddy
paperwork or the landlord's behavior, such as not maintaining
the rental property in habitable condition, or retaliation for
insisting on repairs, you can diminish the landlord's chances of
victory.
Finally, even if the landlord wins the eviction lawsuit, she
can't just move you and your things out onto the sidewalk.
Typically, she must give the court judgment to a local law
enforcement officer, along with a fee. The sheriff or marshal
gives you a notice that the officer will be back within a few
days to escort you off the property.
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