Eviction as the word clearly describes is the removal of a tenant from the premises of one’s personal property which has been extended by the owner to the tenant to reside, with or without family. A lawsuit is filed against the tenant depending on the kind of grievance that both parties share. The final ejection of the tenant may depend to a large extent on the eviction laws of a particular country as over the years the term ‘eviction’ has gained multi-dimensional connotations and have differed in their approach to landlord – tenant disputes. Conflicts between the tenant and landlord have been happening from the time land has been rented out to other parties for residence, official or agrarian purposes. Historic evidences of landlord and tenant disputes can be found during the times of ‘Land revenue’ in India as also the French revolution.
The issue of eviction can be triggered by a variety of reasons such as indiscipline and destruction of property premise, abuse of premise for illegal activities, repeated defaultment on rent and over staying on lease premise after lease contact has expired.
Eviction laws may differ according to different areas as far as the United States is concerned. Landlords may have to prove a just cause behind the eviction of a tenant. A local lawsuit must be filed by the landlord followed by an eviction notice amounting to a couple of days.
A typical eviction form for the state of California would have the details of the landowner to whom the rent needs to be sent and the notice serving the number of days provided by the landlord as window period whereupon the notice would be filed by the local lawsuit and action would be taken. Instruction to quit premises and surrender the possession of the property is given with references to the termination of tenancy contract and the applicable date of termination along with the last day to vacate premises. The address of the tenant is further made clear by mentioning the address, telephone number. A 30 to 60 day gap should be provided for handing over the rent and vacating the premise. In the absence of the tenant the service of notice must be handed over to a responsible adult at home or work place. The rental notice can also be issued to the tenant by fixing it to the premise in a conspicuous place and also mailing the notice to the address.
Eviction forms customized to the state they represent are available on the net which can be downloaded. On the receipt of an eviction form, tenants are expected to produce rent bills and the contract documents in original. In case the court orders for the act of eviction, the actual eviction may be requested to be delayed on compassionate grounds such as a loss of job or shifting schools. Thereby getting a reprieve of a couple of months until the possibility of payment is decided by the court. Tenants must be mindful of the landlord’s ability to comply with the request for a stay until the stipulated duration of the reprieve.


