Types of Eviction

By Brenton Shields
Eviction, a legal process, a tenant, a property
house image by Cora Reed from Fotolia.com

Being evicted can be a demoralizing experience; it's when a tenant is essentially forced to leave a house, apartment, or other sort of property by the property's owner. Eviction is typically permanent and usually results from failure to pay rent or damage to the property caused by the tenant. There are several different types of eviction.

Just Cause

"Just Cause" eviction is the most common type of eviction. It is employed when the tenant has failed to pay rent, damaged the property, or has violated the lease in some way. The process involves presentation of proper eviction documents to a magistrate who will review the case. If the eviction is approved, an eviction notice is presented to the tenant, giving him or her an allotted time to vacate the premises. Law enforcement may get involved if the tenant refuses to leave.

Eviction Without Cause

"Eviction Without Cause" is when the property owner is not required to have an exact reason for asking the tenant to vacate. This type of eviction can only be enacted when the term of the tenant's stay has expired. A property owner cannot evict without cause if there is still time left on the tenant's lease, or else they must have "just cause." "Eviction Without Cause" cannot be used as a form of retaliation or discrimination against a tenant.

Constructive Eviction

"Constructive Eviction" is the least common form of eviction and describes when a property owner attempts to evict a tenant by non-legal means. This may be done by making living conditions in the property deplorable, forcing tenants to vacate. A property owner may cut the power or change the locks on the property, keeping the tenant out. "Constructive Eviction" can entice tenants to take legal action against the said property owner, and property owners should typically take legal advice before employing such methods.