It is illegal for a landlord to kick out a person mid-lease because he finds someone else to pay higher rent on a unit, or simply does not like that tenant. You may also want to evict a tenant who is not following your lease terms or engaging in illegal activities on your property.
It is usually illegal for a landlord to evict a tenant for no reason. However, leases are often written in a way that allows the landlord to easily find a pretext to evict tenants. That being said, eviction is a contentious and taxing process, so landlords usually avoid arbitrarily exercising this power.
You may also be able to stop a rental eviction if you can show you did not pay the lease, as your rental premises are not fit for living.
A tenant may be removed from a rented property only if the landlord has successfully won an eviction suit. The notice should say the tenant has three days to pay the rent or vacate the rental unit, otherwise, the landlord will end the lease.
Eviction Grounds Are Specified in the Lease
Specifying in the notice the specific grounds of eviction allows the tenant to dispute those grounds. If a tenant has a month-to-month lease or a lease and the landlord wants to end the tenancy but does not have the grounds, the landlord may serve a written 15-day notice on the tenant.
If the tenant does not follow written notice, the landlord can then file a lawsuit to evict (also sometimes called a possession lawsuit). Landlords cannot file an eviction lawsuit, for reasons other than failure to pay rent, without first giving tenants prior written notice asking them to cease their conduct.
In these cases, a landlord is not required to give the tenant written notice prior to filing for eviction, and the case may be filed in the Court of Common Pleas instead of with the Magistrate District Judge.
In certain types of housing, including certain public-subsidized housing projects, the landlord cannot evict the tenant by way of notice without cause. In most states and cities, a landlord may evict tenants on a month-to-month basis without a reason, so long as his motivation is not unlawful discrimination or revenge against the tenant who has invoked protected tenants’ rights. If a landlord evicts you for either of these reasons, he must give you a month-to-month lease or a month-to-month lease waiver first to assist in moving.
Landlords Cannot Arbitrarily Evict Tenants
A landlord evicting you for a reason at fault or no fault should first give you a written notice stating the reason. To evict you by a 7-day notice, the landlord must have cause and must specify the cause in writing. No matter what your reasons are for wanting to evict the tenant, Missouri law requires the landlord to terminate his or her lease by serving him or her an eviction notice first. Once a landlord serves a Notice on his or her tenant in Missouri, then the landlord must then file a wrongful eviction action with the proper court.
The written notice or the Notice of Service, sent to the tenant should be attached to the complaint when filed with the court. If a tenant has a lease agreement for a fixed period, such as six months or a year, the landlord must wait for the term to expire before terminating the lease for no reason.
In a contingent rent agreement, the landlord or his agent must personally serve a seven-day or thirty-day notice on the tenant. In an apartment complex, a second notice must give the tenant 20 days to leave. In most types of accommodation, the landlord in a month-to-month rental can also try to evict you by giving you a 72-hour notice to stop paying your rent.
Tenancies Are Maintained on a Monthly Basis
In cases where the landlord is entitled to issue an eviction without cause after the first year of the lease, the notice requirements are usually 60 days, 90 days in the City of Portland. Landlords in a month-to-month tenancy can also issue a 30-day notice for cause. After seven days, if you have not paid what you owe by your next due rent date, you must pay the two months’ rent in order to prevent an eviction. However, if you are late on your rent for at least three to five days, the eviction is justified (though it differs from state to state). Even if a landlord wins at trial, a tenant has three working days to pay the full amount owed and avoid being evicted.
If a court says that you are behind on your rent, and the landlord is unwilling to negotiate a payment plan with you, you have until close of business on the day of your court appearance to pay the full amount due. You may still be able to stop an eviction by paying the entire rent you owe, even after your landlord takes you to court to obtain a seizure order.
If you are behind on your rent because the landlord has failed to make repairs or maintenance on the property, you have to show the court the problems are severe and impacting your ability to live in the unit. It is important to note that unless you are under your current lease, the landlord does not have to have grounds for asking you to leave your unit and begin an emergency eviction process.
Landlords Reserve Several Eviction Reasons
A landlord can have any number of reasons for eviction, from violating your lease terms or being late on the rent, to being a nuisance to the other tenants. In Florida, the landlord may end the tenancy and evict the tenant for many different reasons, including failure to pay rent, violation of a lease or lease, or engaging in illegal conduct.
The same is true of giving 24 hours notice of termination due to outrageous or dangerous conduct. It is important to know that a landlord cannot evict you for the purpose of retaliation because you requested repairs, or because you claimed other legitimate rights as per your rental agreement or the Landlord-Tenant Act. For information on unlawful retaliation and other defenses against an eviction, please see Eviction defenses.
As an alternative, your landlord may issue a four-day notice giving you 144 hours to pay the rent. In month-to-month leases, your landlord may also give a written 24-hour notice terminating the lease, in very limited circumstances. This notice tells a tenant the tenant has seven days to vacate the rental unit, otherwise, the landlord will begin pursuing eviction proceedings against the tenant.