Does a Landlord Have to Notify a Tenant Before Showing Up With an Eviction Notice?

By Edriaan Koening
Your landlord may be able to evict you for no cause.

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Before carrying out a legal action to evict you from your rental property, your landlord has to give you an eviction notice. He does not have to notify you before giving you an eviction notice. An eviction notice may also come from the sheriff or marshal. You should receive notification before getting a sheriff's or marshal's eviction notice.

Landlord's Eviction Notice

Your landlord has to give you a written eviction notice to force you to move out of the property. In most states, you have five to 30 days to move out from the day of the eviction notice. Your landlord can evict you for not paying rent, for violating a term of the lease or for engaging in serious illegal activity. Your landlord may also give you 30 to 60 days to move out if he has no reason for ending the tenancy. If you live in a rent control city, your landlord may have to prove a legally recognized reason to evict you.

Action

The eviction notice may give you a certain amount of time to pay the rent or correct any lease violation. If you do what the notice asks, you can continue to stay in the rental property. If you dispute the notice, you can resolve your dispute through mediation or file your dispute with the court. You can also remain in the property until the sheriff or marshal physically evicts you. Alternatively, you can move out.

Lawsuit

If you don't move out or do as the notice asks, your landlord may serve you with a summons and complaint for eviction. The court papers also contain the details of the court hearing date. You can answer by filing a written answer or go to court. You may be able to avoid eviction by pointing out the landlord's illegal behavior, such as shoddy paperwork or lack of maintenance. If you do nothing, the court may grant an eviction judgment to the landlord without hearing your defense.

Sheriff's Eviction Notice

If the court awards a judgment to the landlord, you usually get a court order giving you a few days to move out. If you don't move by this date, the landlord can give the court judgment to a local law enforcement office, where a sheriff or marshal gives you another notice of eviction. A few days after this notice, the officer comes back to escort you off the property.

About the Author

Edriaan Koening began writing professionally in 2005, while studying toward her Bachelor of Arts in media and communications at the University of Melbourne. She has since written for several magazines and websites. Koening also holds a Master of Commerce in funds management and accounting from the University of New South Wales.

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