What are the tenants rights in the rental eviction process?
While laws vary from state to state, most landlord tenant laws require that written notice be given to the tenant, with ample time for the tenant to take corrective action if they so choose. In some cases, the written notice must be issued by the court. But in most cases, the initial eviction notice can be given by the landlord. An example of this would be a 3-day eviction notice to pay rent or quit. If the back rent has not been paid within the 3 day deadline, then the landlord can file the case in court. Q: Can the landlord physically evict me by removing my belongings or changing the locks? A: In most cases, NO. The landlord must follow local statutes and procedures if he/she wants the rental eviction to be upheld in court or avoid a countersuit. Even if the landlord wins the case, the court will issue an order for the tenant to be out by a certain date. If the tenant has not moved out, then the local Sheriff’s office will evict the tenant… not the landlord. Q: What are the legal re