Title: Eviction Explained

Author: Adam Smith

Article:


Have you ever been evicted? If you have, then you are probably
all too familiar with the eviction process and the rights that
both the tenant and the landlord retain throughout the eviction
process. Both the landlord as well as the tenant should have
some working knowledge concerning when an eviction can be
performed before signing a binding <a
href=http://articlealley.com/article_36169_15.html> lease
agreement </a>. 



You may be surprised to learn there are a couple of different
kinds of evictions. Typically, when somebody hears that a
landlord has evicted a tenant it is assumed the tenant was late
on their payments. Though this conception - that an <a
href=http://www.oneminutemillionaire.com/affiliate/glossary/evict
ion.asp> eviction </a> only occurs when there is a problem with
the tenant - is probably true the majority of the time,
sometimes there are other reasons for an eviction. These
different kinds of evictions are often known as an eviction
without cause, just cause eviction, and a constructive eviction.
Let's examine the differences between the two.

 

<b>Just Cause Eviction</b> - A just cause eviction is exactly
what you would expect, an eviction that occurs with a just
cause, or good reason. In areas that regulations only allow for
just cause evictions, the landlord must have reason that will
stand up in court in order to evict the tenant. For instance, if
the tenant has not paid rent then that would offer just cause to
the tenant to begin the eviction proceedings. Another just cause
for <a
href=http://articlebin.com/view_article.php?article=15753>
eviction </a> includes occasions where the tenant has
substantially damaged the property. 



<b>Eviction without Cause</b> - Many cities and counties allow
landlords to evict tenants without cause. In this case, a tenant
cannot be evicted if they are still under contract and there is
no just cause. However, once the lease agreement has expired the
landlord can evict the tenant without cause. 



<b>Constructive Eviction</b> - This type of <a
href=http://www.articleblast.com/Business_and_Management/Entrepre
neurialism/The_Art_of_Eviction_200510192019/> eviction </a> is
not all that common. In this scenario, a tenant is in effect
"evicted" or compelled to leave because the landlord has allowed
the conditions of the property lapse severely. In other words a
constructive eviction occurs when the living conditions of the
property have become unbearable and the tenant is compelled to
move. Tenants who have experienced this sort of eviction have
many options of legal recourse open to them. 



Understanding the various types of evictions helps clear up any
preconceived notions people might have regarding tenants who are
evicted. As we have learned not all evictions occur because of
deadbeat tenants. In fact, in the case of the constructive
eviction the tenant is actually the victim. 



When a just cause eviction does occur, there are typically legal
guidelines that must be followed to ensure the eviction is
performed in a professional and legal manner. The appropriate
documents must be filed with the court, and before any eviction
can occur the court must approve the eviction with a court
order. Or course, before any court ordered eviction is issued,
the eviction court must examine all the evidence and decide
whether an eviction is warranted. If an eviction is warranted,
then the tenant will be given certain amount of time to remove
his property from the premises. Should the tenant fail to comply
with this order, law enforcement may become involved as the
landlord reassumes possession of the property. 



Hopefully you will never have to go through the eviction
process, whether it be a just cause eviction or a constructive
eviction. However, knowing the guidelines around the eviction
process can help you considerably in protecting your rights. 



<b><i>Adam Smith</b></i> is an internet marketer for 10X
Marketing, a firm specializing in <a
href=http://www.10xmarketing.com/Services/Affiliate-Programs/Affi
liate-Program-Management.html> affiliate program management</a>.
For more rental property information, including the details of a
<a
href=http://www.oneminutemillionaire.com/affiliate/glossary/lease
-agreement.asp> lease agreement </a> please visit
OneMinuteMillionaire.com

About the author:
None