What is Summary Possession?
Summary possession, also known as eviction, is a legal process by which a landlord can remove a tenant from a rental property. This process can be initiated if tenants fail to comply with the lease agreement, usually due to nonpayment of rent, violation of lease terms, or refusal to vacate after the lease has expired.
The Eviction Process
Navigating the eviction process successfully involves several key steps:
- Notice to Quit: The first step usually involves a notice to quit, a written statement delivered by the landlord to the tenant outlining the cause for eviction and giving them a stipulated period to remedy or vacate.
- Filing for Eviction: If the tenant doesn’t comply with the notice to quit, the landlord can file an eviction lawsuit in the local court.
- Court Hearing: Both the landlord and tenant will be given a date to present their cases before a judge. Here, the landlord must prove rightful reasons for the eviction.
- Judgment: If the judge rules in favor of the landlord, a judgment is issued, and the tenant may receive a certain period to move out. If the ruling is in favor of the tenant, they may continue to occupy the property.
- Enforcement: If the tenant still fails to vacate the premises as per court judgment, the landlord can request the assistance of local law enforcement to carry out the eviction.
Example Scenario: Efficiency at Work
Imagine a landlord, Sarah, who has been renting a property to her tenant, Mike, for over a year. Recently, Mike stopped paying rent, and repeated attempts to resolve the issue amicably were unsuccessful.
Sarah’s step-by-step actions:
- Notice to Quit: Sarah delivers a written notice offering Mike 14 days to pay the overdue rent or vacate the apartment. Mike ignores the notice.
- Filing a Lawsuit: After no response, Sarah files an eviction lawsuit in her local small claims court. The court schedules a hearing for both parties.
- Court Hearing: Sarah presents proof of Mike’s multiple missed payments, lease agreement details, and delivery of the notice to quit. Mike fails to present a compelling refute.
- Judgment: The judge rules in favor of Sarah, providing Mike with a month to vacate the property.
- Eviction: At month-end, when Mike does not leave voluntarily, Sarah seeks help from local sheriffs, who enforce the Court’s judgment and remove Mike.
FAQs
What if a tenant won’t leave even after eviction notice?
If a tenant fails to move out after receiving an eviction notice, the landlord must file for an eviction lawsuit in local court. Only a court order can authorize the involvement of law enforcement to remove the tenant forcefully.
Can a tenant be evicted without a court order?
No, landlords cannot perform a ‘self-help’ eviction. They must obtain a court order following legal procedures to evict a tenant rightfully. Using force, changing locks, or shutting off utilities without court approval is illegal.
What are tenant rights during eviction?
Tenants have the right to receive proper notice, present defenses in court, and reside in clean, safe premises until the court adjudicates the issue. Tenants may challenge eviction if correct legal procedures aren’t followed or it infringes on their rights.
Related Terms
- Unlawful Detainer: A lawsuit filed by a landlord to regain property possession from tenants holding over after the lease term without permission.
- Tenant Eviction: The process of legally removing a tenant from a rental property through lawful means.
- Landlord-Tenant Law: Statutes and regulations that govern the renting of residential and commercial properties.
- Lease Termination: The legal ending of a lease agreement, be it mutually agreed upon, by fulfilling lease terms, or through legal actions.
Related Terms: unlawful detainer, tenant eviction, landlord-tenant law, lease termination.
