Evictions
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.
WHEN CAN A LANDLORD EVICT A TENANT?
Landlords may be allowed to evict tenants who:
- Fail to pay rent
- Use the premises for illegal purposes, such as prostitution or gambling
- Run a business in a residence-only zone
- Sublet without permission
- Overcharge a subtenant
- Make structural changes without prior written consent
- Fail to provide landlord with access to make required repairs
- Install appliances (dishwasher, washing machine, air conditioner, etc.) without the landlord's permission
- Overcrowd the apartment
HOW DOES A LANDLORD EVICT A TENANT?
Generally, the landlord must first warn the tenant, usually with a written notice, that a condition of the lease has been violated. Then the landlord must wait to see if the tenant corrects the problem. If the tenant fails to respond the landlord may go to court seeking an eviction. The procedure varies from state to state, but ordinarily the landlord sends a notice to the tenant and then files a petition or complaint in court. (Although it's less common, a few jurisdictions allow the landlord to enter the premises and remove the tenant's property without going to court. The landlord, however, must do so peacefully).
HOW SHOULD A TENANT RESPOND TO AN EVICTION NOTICE?
The tenant usually has the opportunity to appear before a judge and present his or her version of events. You should bring documents to support your case. If you fail to appear in court, the judge may be able to order an eviction based on your default.When an eviction order is obtained, some states allow the landlord to enter the premises and personally move out the tenant's possessions--though the landlord usually has to give the tenant notice beforehand. Other states require a sheriff or marshall to carry out the actual eviction after notice of the eviction has been served on the tenant.
CAN A LANDLORD EVICT A TENANT WHO IS RUNNING A BUSINESS FROM THE HOUSE?
Yes, although the kind of "business" the person is running may not be considered a violation of a residential-use only rule. That means that so long as she is actually living in the apartment and her work is minor in nature and does not bother the neighbors or transform the apartment into an office, a judge would probably rule in favor of the person and find that the business is "incidental" to her residency.
When ruling on whether an in-home business violates a zoning code (or a prohibition in the lease), a judge is likely to consider the nature of the operation and its effect on other tenants and services in the building. If, for example, a tenant hires five employees, sets up several phone lines, and wheels in six computers, a dozen file cabinets, and a copying machine, it is likely that the judge would find that the person is running a substantial business--not just an incidental one. That person would be found in violation and her landlord would be allowed to evict her.
