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>Renting
Laws >Eviction
EVICTION
Eviction
is when the landlord obtains possession of the rented property because
the tenant has not paid rent, does not follow the Landlord Tenant Act,
or has broken a condition of the lease. The steps that must be taken
to evict a tenant are described for each of these specific instances
in Tenant Noncompliance.
If
you are worried about being evicted, read the information both in Tenant
Noncompliance and the following:
-
A
landlord canNOT evict a tenant without first going to court. Thus,
you cannot be evicted without a hearing. Your hearing would be
announced in a “Forcible
Detainer Warrant” sent to you (this is one of the steps of
eviction stated in Tenant Noncompliance).
-
In
the case of eviction, a landlord might lock you out, remove your
possessions from the apartment, or cut off some of your essential
services (e.g. water, gas, or electric).
-
Some
landlords will not give the required legal notice to evict a
tenant, or will not give the notice in the proper manner (the
proper notice for eviction is described in the steps in Tenant
Noncompliance). The landlord legally CANNOT evict you without
this notice. If you did not receive proper notice, you can go to
court on the trial date set in the “Forcible Detainer Warrant”
to defend this plea. IF YOU ARE NOT IN COURT, YOU WILL
AUTOMATICALLY BE EVICTED!
-
You
cannot legally be forced out of your apartment unless a court
officer comes to your apartment to do so.
- If
you are complying with the law, the landlord cannot make you move
until your lease is up. If the landlord does not want to renew
your lease, then you must move out. There is nothing legal that
obligates the landlord to renew your lease.
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