Some Information About Eviction For Nonpayment Of Rent
The most common kind of legal action that arises out of a landlord and renter relationship is a lawsuit filed to evict a occupant for nonpayment of rent. In order for a landlord to be able to prevail in such type of action, several specific steps should be taken.
The first step in the eviction process is the preparation and service on the tenant of what generally is called a “Three Day Notice.” The Three Day Notice recommends the tenant that because the rent is unpaid the landlord intends to exercise his or her rights to retrieve possession of the property in question. The notice itself provides the renter three days to pay the rent that is due and owing together with any appropriate and applicable late fees and other charges.
As an aside, while this notice generally is referred to as a Three Day Notice the legal provisions in some states actually require a renter to be given exactly 72 hours from the date such a notice is served in order to bring the rent current and to clear up any other related, suitable charges being assessed by the landlord.
The running of the time for payment established in the notice starts running from the point that the notice itself is served on the renter. The notice can be served either in person or by posting at a noticeable area at the rental property itself.
If the renter does make payment during the 72 hour or three day time period, the tenancy keeps on. If the tenant does not make payment pursuant to the terms of the notice, the landlord then is in a position to file an eviction.
The statutes and regulation in various states do vary to certain degree when it comes to eviction actions. In several states, an eviction action moves at a quite fast pace. In other states, an eviction case is not on as rather of an accelerated schedule but will still move forward fairly rapidly.
Generally, an initial hearing will be held at which time the tenant may ask a trial. The trial itself normally will occur in fairly short speed. At the trial, the landlord will present proof supporting the nonpayment of rent issue. The tenant will present any defense that he or she might have. In reality, in a nonpayment of rent case, the only real defense in most states is that the tenant did, in fact, pay the rent. Most states do not permit a renter to detain rent even if there are troubles connected with the premises.
If the landlord does prevail and demonstrates that the tenant has failed to pay the rent due and owing and that no legal cause existed for the nonpayment, the court will issue what is known as an order or restitution or writ of assistance. This order of the court directs the tenant to leave the premises. If the renter does not vacate the premises promptly the order further directs the sheriff of the county in which the property is situated to remove the occupant from the property.
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