There is a legal relationship between a landlord and a tenant and this is clearly defined both in contracts and state property laws. The tenant has possession right over the premises for a specific period of time stated in the lease, for an indefinite period (e.g. it is renewable on monthly or yearly basis or cancelable), or terminable at any time by landlord or tenant, or at sufferance (this means that the tenant refuses to vacate although the agreement has terminated).
Landlord-tenants laws go hand in hand. Every state is different however so be sure to read up on the laws concerning your state. These are composed primarily of state statutory and common law. Quite often, the landlord is stuck with a tenant that breaches their contract. If the dispute cannot be resolved by mutual understanding or by any other means, then the last option is to get rid of the unwanted tenant. This can be done by filling out a Section-8 form. This form is used to terminate an assured shorthold tenancy before the contract period. The Housing Act 1988 has laid down certain grounds for eviction and the landlord has to rely on that.
The landlord can have the tenant evicted if the tenant has failed to pay rent and is in at least eight weeks’ worth of arrears. Quite often the tenant pays off part of what they owe just before the hearing, thus landlord has to include some more grounds to back up their eviction claim. If the rent is repeatedly paid late, or if has breached any section of agreement, or if he is a nuisance neighbor and disturbs the peace of that area, or on the grounds of violence, or if he has manhandled the furniture provided to him, or property has fallen into disrepair, or if there are numerous complaints from other tenants, then the landlord can end the term of tenancy. Very often, pets, squirrels, rodents, bugs etc. can also be the ground for eviction. The tenant has to get rid of them with the help of a qualified pest control professional or a wildlife specialist.
However, eviction is a legal process and this factor the landlord has to keep in mind. He just cannot forcibly lock a tenant out and remove his belongings from the apartment. Each state has laid down laws regarding eviction and these vary from state to state. Landlord cannot violate these laws otherwise legal actions can be taken against him. Landlord has to deal legally in accordance with the laws.
He has to give written notice and request the tenant to pay the due rent or vacate, cure the persistent problem or vacate. If he does not vacate or resolve the problem then the landlord can file a lawsuit to evict.
If the lawsuit is filed and the tenant fails to appear in the court on the court date, then the landlord automatically wins the judgment by default. But quite often, the tenant’s fight the eviction and in such cases the court will give the tenant some time-period to leave the premises. If they repeatedly defy the court orders then the landlord can use the final option—-marshal remove.
