Table of Contents:
- Nevada Eviction Procedures
- Tenant Eviction Procedures in Missouri
- Eviction Procedures in Louisiana
- South Carolina Tenant Eviction Procedures
- Eviction Procedures in Illinois
A written notice is given to the tenant prior to eviction. Nevada has several types of notice, depending on the reason for the eviction. The Five Day Pay Or Quit notice is sent out when the tenant does not pay his rent. The notice only goes out after the grace period has passed. If the tenant pays in full, the landlord must stop the proceedings. A Three Day Nuisance Notice is used when a tenant is causing a nuisance, such as noise pollution or another matter that does not concern the rent. A written reason must be included. The tenant has three working days to resolve the problem. A Thirty Day Notice is used for any other reason when there is no lease in effect. Based on the notice served, the tenant has the stated number of days before the eviction proceeding continues.
Motion for Summary Eviction
After number of days stated in the notice has passed, a Motion for Summary Eviction is submitted with the court of proper jurisdiction. A fee is charged, according to the county where it is filed, to submit the motion. Services are also available that specialize in evictions and are able to submit the paperwork for a flat fee.
The tenant has a right to contest the Summary Eviction by filing an answer with the court within a specified time limit. If contested, a hearing is scheduled within seven days. The judge either orders eviction on the spot or gives the tenant an allotted amount of time to pay or vacate.
A 24-hour lockout notice is served to evicted tenants, ordering them to leave within 24 hours or the next business day. It is the tenants' right to file a motion of stay during the 24-hour period. If the motion is granted, a hearing is set within seven days. The tenant is then able to stay until the next decision is made by the judge.
If an appeal is not filed or is denied, once the 24 hours has passed, the constable goes to the property and removes tenants that have not vacated. At this time, the landlord secures the property by having a locksmith change the locks, concluding the eviction process.
The Landlord is responsible for storing any of the tenant's property left on the premises for 30 days. The tenant must make arrangement to pick up their items and are expected to pay a reasonable storage fee. After the 30 days have passed, the landlord sends a certified letter stating the items will be disposed of in 14 days. After the time lapses, the landlord has the right to get rid of the items.
Reason For Eviction
Landlords in Missouri cannot evict a tenant without an order from the court. Landlords must have valid reasons for evicting a tenant such as failure to pay rent, damaging property, violating the terms of the lease, injuring another tenant, participating in illegal gambling on the rental property, allowing drug related activity on the property, and failure to vacate the property once the term of the lease has ended.
Landlords in Missouri must send the tenant an eviction notice once the eviction process has begun. Eviction notices may also be referred to as a Notice To Quit or a Notice To Vacate. Tenants who receive an eviction notice will have an opportunity to be heard by the court before being evicted. A summons will be served to the tenant indicating the court date. Tenants who wish to file a claim against the landlord, must do so in writing within the dates set forth by the court.
Missouri tenants must respond to the summons served upon them during the eviction process or the court will enter a default notice. Tenants who receive a default notice will be ordered by the court to move from the property. Tenants who have a valid defense against an eviction, such as failure by the landlord to give proper notice of a rent increase or a rent increase on the basis of illegal discrimination will have a chance to argue their point in court if they answer the summons within the recommended time frame. The court will then set aside the matter and conduct a hearing at a later date.
Leaving The Property
Landlords must abide by Missouri law once an eviction is approved by the courts. Landlords may not lock the tenant out or take the tenant's property. Landlords who have been granted an eviction of a tenant must take the order to the sheriff's office. Sheriff's deputies will post a notice on the door of the tenant and provide the tenant with the exact date and time the tenant must leave the property. Tenants who do not leave the property within that time frame, may be escorted from the property by the sheriff, along with the tenant's belongings.
Evictions in Louisiana typically follow a 5 to 10 day timeline mandated by its Code of Civil Procedure. Most evictions are handled in Justice of the Peace Courts. Otherwise, a landlord must file suit in the county or parish where the property is located. Tenants hoping to fight eviction must appear in court, mount an affirmative defense and post a bond to appeal unfavorable rulings.
Article 4701 of Louisiana's civil code requires five days' notice for evictions involving failure to move out after a lease expires, nonpayment of rent, or violations of lease terms. Ten days' notice is mandated for month-to-month tenants. Otherwise, landlords can sue for immediate eviction if the lease doesn't specify a fixed period or a notice requirement.
Eviction proceedings begin by serving a notice to vacate, which the landlord need not give personally. Posting notice on the tenant's property is sufficient under Article 4703. If the tenant doesn't leave within the timeline, the landlord can serve papers to evict. This request is known as a rule of possession. The tenant must then file a verified answer, or formal response, with the court.
Ask the court to waive its fees if you can't afford them. Request an application to proceed in forma pauperis. If a judge approves it, you can file key documents -- like your answer -- without having to pay advance fees.
The court will schedule an eviction trial within three days after papers are served. If the tenant doesn't appear, the landlord receives a default judgment. The tenant must move out within 24 hours. If he doesn't, the court can issue a warrant to remove him and his belongings. Otherwise, both sides may present their case to a judge, whose decision typically follows the testimony. If the judge rules for the landlord, she then cab sign an eviction order. If the tenant wins, he should request a written judgment that bars the eviction.
Affirmative Defenses: Failure to Notify
Failure to follow timelines is an affirmative defense against eviction, which should be raised at the start of any hearing. For example, the landlord might have sought a rule of possession before the notice to vacate period ended, or accepted rent after filing either paper. This defense also is useful in 10-day notice evictions. A judge then can dismiss the lawsuit and force the landlord to start all over again.
Affirmative Defenses: Lease and Rent Cases
If the landlord claims that the tenant broke a rule, study the lease to determine whether it supports the landlord's interpretation. If not, the tenant should ask the judge to dismiss the case, especially when the alleged rule violation is minor. For nonpayment of rent cases, the tenant should focus on the underlying circumstances. Possible defenses include refusal to accept offers of rent, use of "repair and deduct" rules to prompt repairs, or proof of payment, supported by canceled checks or receipts. If no legitimate defense exists, the tenant should move before an eviction order takes effect and makes it more difficult to find a new apartment.
A tenant who loses may appeal to a parish or district court, but only if he's filed an answer before the trial. He doesn't have to move until the process ends. This step also requires filing a bond -- usually for several hundred dollars -- to protect landlords from damages. Unless a court chooses to waive them, the tenant also must pay fees for securing trial transcripts and witness subpoenas, which is why appeals of residential evictions rarely occur, says eviction lawyer David H. Knecht, Jr. of the Gibson Group.
Offer to keep paying rent during your appeal. If the landlord declines, note the refusal in writing, and ask the court to accept your rent. Otherwise, you could miss a payment date. Your landlord could then file a new eviction, no matter how your appeal is going.
Cause for Eviction
Before a landlord can initiate formal eviction procedures against a tenant, the tenant must have done some act that justifies the eviction proceedings. In South Carolina, cause for an eviction exists in the following circumstances: (1) the tenant has failed to pay rent; (2) the tenant has breached a material provision in the rental agreement; (3) the tenant has failed to maintain the rental unit in a safe and sanitary manner; (4) the tenant has abandoned the rental unit prior to the expiration of the lease; and (5) the tenant has remained in the rental unit beyond the expiration of the lease. If one of these causes exists, the landlord may initiate formal eviction procedures against the tenant. The eviction procedures can seek rent owed, possession of the rental unit or both rent and possession.
Notice Must Be Given
The landlord must provide the tenant with notice of his or her intent to initiate formal eviction proceedings. The notice must state the grounds for eviction and must allow the tenant a reasonable time to respond. For example, if the tenant has not paid the rent, which is the most common ground for eviction, the landlord must give the tenant notice of his or her intent to evict the tenant for failure to pay rent. After notice is given, the landlord must wait five days before proceeding further. During those five days, the tenant may pay the unpaid rent. If the tenant pays the rent within this time frame, the eviction proceedings cannot continue. If, after the five days have passed, no rent has been paid, the landlord may proceed to the next step.
Filing Ejectment Action
After notice has been given and the tenant has failed to cure the reason for the eviction proceedings, the landlord may file an ejectment action in the magistrate court of the county where the rental unit is located. The landlord must provide the court with an affidavit stating the reasons for the action. A filing fee must also be paid; the fees differ from county to county. The court will then schedule a hearing date and issue the landlord an Order to Show Cause. The Order to Show Cause must be served on the tenant. Upon service of this order, the tenant is required to appear at the magistrate court and show cause as to why the landlord should not be entitled to either the rent or possession of the property. If the tenant cannot show cause, the landlord should move for the court to issue a Writ of Ejectment.
Writ of Ejectment
The Writ of Ejectment is the formal order by the court stating that the landlord is entitled to possession of the property. Upon its issuance, the tenant has 24 hours to vacate the property voluntarily. If the tenant does not vacate the property voluntarily, the landlord is entitled to forcibly remove the tenant and the tenant's possessions under supervision of the county constable.
If the landlord has to forcibly remove the tenant, the landlord is responsible for properly removing the tenant's property; the court will not assist the landlord in doing so. Therefore, the landlord must provide all the labor and help necessary to remove the property and must set the property out by the side of the road or near the dumpster to be removed by the tenant or the municipal trash authority in South Carolina.
After executing the Writ of Ejectment, the tenant is no longer allowed to be on the property and the landlord is entitled to rent the property out to a new tenant.
The landlord must provide adequate notice to a tenant regarding his intent to evict; the amount of notice depends on the reason for eviction. Some leases waive a right to any notice.
The landlord must provide five business days' notice for failure to pay rent--notice starts from the day after the tenant receives it. The tenant has the opportunity to pay the rent and resolve the issue.
Other violations of the lease require the landlord to notify the tenant 10 days before the proposed eviction. Under Illinois law, you cannot cure this type of notice—meaning that, unlike the right to settle past due rent, the landlord does not have to give the tenant an opportunity to remedy the problem—though there are some exceptions to this rule, according to Rentlaw.com.
If the tenant has a month-to-month lease, the landlord can legally evict her with 30 days' notice regardless of the circumstances. A week-to-week lease requires seven days' notice while a yearly lease requires two months' notice.
Summons and Trial
If a tenant fails to leave or remedy the problem when applicable, the landlord can file an eviction suit against the tenant in the county court. A sheriff or process server will serve the tenant the summons stating the date and time of the tenant’s court appearance. If the tenant does not respond, the judge will usually order an eviction and order of payment against the tenant—who might be forced out that same day. The tenant has a right to a trial to offer a defense.
Illinois law allows tenants to ask the court to reconsider the eviction order or appeal to the Appellate Court—they have 30 days from the rendering of the order. A landlord has the right to contact the sheriff to enforce the eviction should the tenant stay past the date in the eviction order. Landlords have a right to collect back rent if the tenant does not pay the court but certain restrictions apply—the law does not allow garnishment of either take-home wages under $360 weekly or money from public assistance. An attorney can offer guidance on other restrictions.