The eviction process |
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The eviction process is the only legal means by which a landlord can get a tenant to leave their home. Landlords usually file eviction actions because of a violation of the lease terms, such as non-payment of rent or damages done by tenants.
Notice to quit
Generally, an eviction process starts when the landlord serves the tenant a written eviction notice, called a Notice to Quit, stating that the landlord wants the tenant to leave the apartment or home.
These notices usually give the tenant between 10 and 30 days to leave the home. Some leases will waive a tenant’s right to this notice, but such a waiver may not be enforceable if it is not clear and in plain language. Review your lease to find if there is a clause about notices required for eviction.
If you are being evicted for: |
The Notice must give you: |
| Non-payment of rent | 10 days |
| Certain drug-related criminal activity in or near your apartment by you, household members or guests | 10 days |
| Breach of lease other than nonpayment of rent | 15 days |
| End of lease (one year or less) | 15 days |
| End of lease (more than one year) | 30 days |
Mobile home park tenant |
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| Failure to pay between April 1 and August 1 | 15 days |
| Failure to pay between September 1 and March 31 | 30 days |