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Prior to filing a suit in court for eviction, generally the landlord must provide written notice to the tenant (commonly called a notice to quit or notice to vacate). [3] The residential and commercial ordinances created jurisdictions preventing landlords from taking any action that may force a tenant out of their premises.
Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...
Landlords believing the tenant has vacated the premises may come in ahead of the tenant, remove the remaining property, and attempt to charge the tenant for the "mess" they left. To avoid this situation, tenants are encouraged to be clear with landlords about plans to vacate and to do so in writing.
In the early months of the recession, renters were evicted with little notice due to landlords foreclosing on properties. However, in May 2009, the Protecting Tenants at Foreclosure Act was passed. This law required "new owners to provide at least 90 days notice to vacate and to honor the terms of any existing leases." [18]
Eviction normally takes the form of a lawsuit, requiring an initial notice to a tenant, followed by court proceedings in which the tenant may contest the eviction and potentially file a counter-claim.At the conclusion of the eviction process, if the landlord prevails, the court will issue an order that the property be restored to the possession ...
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