Eviction Process

Landlords can evict tenants for a variety of different reasons depending on the state. Reasons typically include:

• Expiration of the rental lease
• Nonpayment of rent
• Illegal activity
• Lease violations

In some states, tenants that violate health and safety protocols can be evicted. Furthermore, tenants can be evicted simply because the lease has expired and the landlord does not renew it.

Expiration of Rental Lease

After expiration of the rental lease, a landlord may evict a tenant. Depending on the length of the lease, the time period for notifying the tenant of lease termination will vary. For week-to-week tenants, a landlord will need to provide 7-days’ notice, while for month-to-month tenants, a landlord will need to provide 30-days’ notice.

Nonpayment of Rent

Landlords can evict a tenant for failing to pay their rent on time. The due date for rent will be outlined in the lease agreement and tenants are required to pay the rent by that time. However, depending on the state, tenants may have a grace period, giving them the opportunity to pay past-due rent and avoid eviction.

Lease Violations

Landlords may evict a tenant for lease violations. Lease violations could include:

• Unpaid rent
• Unauthorized pets
• Property damage
• Noise violations

Illegal Activity

Landlords may evict a tenant for illegal activity conducted on the premises. Illegal activity could include:

• Gang activity
• Possessing, selling, and/or manufacturing control substances
• Crimes such as domestic abuse, assault, murder

Each state may have more its own regulations about what constitutes “illegal activity” for eviction purposes.

2. Notice To Vacate or Correct Lease Violation

Most states require landlords to give their tenants written notice before initiating the eviction process. The notice will typically give tenants a certain amount of time to:

• Pay past due rent
• Correct a lease violation or
• Move out

The amount of time depends on one or both of the following:

• The reason for eviction
• How long a tenant has lived in the rental unit

The chart below outlines the amount of time a tenant has to move out or correct a violation for different eviction reasons.

In certain states, landlords may not be required to provide notice, and can file an eviction action with the court immediately. This means that the summons requiring tenants to appear in court may be the first time tenants are aware they’re being evicted.

3. Tenant Fails to Move Out or Correct the Violation

If the deadline in the notice passes, and the tenant has not corrected the lease violation or moved out, landlords may continue with the eviction process.

In states where notice is required, if the tenant corrects the lease violation that initiated the eviction process, then the tenant will not be required to move out.

However, if the tenant is unable correct the issue, or isn’t given the option to correct the issue and fails to move out by the deadline in the notice, then the landlord can proceed in filing an eviction action with the court.

4. Landlord Files Eviction Action With Court

Each state will have different requirements for:

• How landlords file the eviction paperwork
• When landlords file the eviction paperwork
• How landlords must notify the tenant of the eviction suit

Once an eviction case has been filed with the court, an eviction hearing will be scheduled upon the tenant receiving a summons. Some state courts will not set a hearing until the tenant has filed a written response, or “answer” with the court.

An answer is the tenant’s opportunity to explain to the court why they should not be evicted. In states where tenants are required to file a written response, failure to file the answer within the deadline could mean the tenant isn’t allowed to attend the eviction hearing.

5. Court Decides if Tenant Must Move Out

At the eviction hearing, the court will rule either in favor of the landlord or tenant.

If the court finds the tenant has not violated the lease and rules in favor of the tenant, then the eviction is stopped, and the tenant will be able to remain in the rental unit. In some states, tenants are entitled to monetary damages if they win the eviction lawsuit.

If the court rule in favor of the landlord, either through a default judgment or at the eviction hearing, then the tenant must move out by a certain deadline.

A judge will set the deadline when the tenant must move out. This deadline may be set by the judicial officer at the hearing, or it could be determined by state law. Some states allow tenants different amounts of time to move out depending on the reason for the eviction.

In eviction cases, a default judgment is usually a ruling in favor of one party because the other party failed to do something they’ve been ordered to do, like failing to file a written answer by a certain deadline, failure to appear in court on the hearing date, or failure to serve important paperwork on the other person in the case.

Order for Possession

Once the court rules in the landlord’s favor, an order to remove the tenant will be issued. This may be called a writ or order for eviction, possession, restitution, or removal, depending on the state.

The writ or order may be issued at the hearing, or in some states, it may not be issued until a few days after the hearing to give tenants time to file an appeal.

A few states allow the landlord to remove the tenant once they’ve gotten the official eviction order. In other states, the tenant must be removed by law enforcement officials within a specific time period.

Self-Help Evictions

Almost every state has banned “self-help” evictions, where the landlord does any of the following without having a court order:

• Changes the locks without alerting the tenant
• Dumps a tenant’s belongings outside the rental unit
• Shuts off a tenant’s utilities
• Or otherwise prevents the tenant from physically entering or living in the rental unit

Retaliatory Evictions

In many states, though not all, landlords are not allowed to evict tenants for reporting health/housing code violations or being part of a tenant’s organization. These are called retaliatory evictions because it can appear that the landlord is trying to “get back” at the tenant for exercising their rights.

6. Tenant is Evicted From Rental Unit

After an eviction order is issued, the tenant must move out of the rental premises.

Some states require tenants to move out immediately after the order or writ is issued, while others give tenants a few days to several months, depending on whether tenants can prove moving out immediately would create a “hardship.” This is called a stay of execution.

In addition, in some states, the writ cannot be issued until after the deadline to file an appeal has passed, which gives tenants more time to move out of the rental unit even if they’re not filing an appeal.

In Connecticut, the writ cannot be issued until 5 days after the ruling in favor of the landlord. Once the writ is issued, the tenant has an additional 24 hours to move out, giving the tenant a total of 6 days to move out after the order was entered in favor of the landlord.

If the tenant fails to move out within their state’s deadline, law enforcement officials will return to the rental unit and forcibly remove the tenant from the rental unit.

The chart below outlines the amount of time a tenant has prior to being forcibly removed.

The amount of time tenants are given to move out in some states depends on the reason for the eviction, and in many states, tenants being evicted due to illegal activity have less time to move out than they would for other eviction types.

Sources

In an action for summary process for nonpayment of rent, a court having jurisdiction over said action for summary process shall:

(i) grant a continuance for a period as the court may deem just and reasonable if, either at the time the answer is timely filed or on the date the trial is scheduled to commence: (1) the tenancy is being terminated solely for non-payment of rent for a residential dwelling unit; (2) the non-payment of rent was due to a financial hardship; and (3) the defendant demonstrates, to the satisfaction of the court, a pending application for emergency rental assistance; provided, however, the court may consider any meritorious counterclaim brought in said action for summary process;

(ii) issue a stay of execution on a judgment for possession if the requirements in clauses (1) to (3), inclusive, of paragraph (i) are met; and

(iii) not enter a judgment or issue an execution before the application for emergency rental assistance has been approved or denied.

(a) Before bringing an eviction action alleging nonpayment of rent or other unpaid financial obligation in violation of the lease, a landlord must provide written notice to the residential tenant specifying the basis for future eviction action. The notice must include:

(1) the total amount due;

(2) a specific accounting of the amount of the total due from unpaid rent, late fees, and other charges under the lease;

(3) the name and address of the person authorized to receive rent and fees on behalf of the landlord;

(4) the following statement: “You have the right to seek legal help. If you can’t afford a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your local Legal Aid office.”;

(5) the following statement: “To apply for financial help, contact your local county or Tribal social services office, apply online at MNBenefits.mn.gov or call the United Way toll-free information line by dialing 2-1-1 or 800-543-7709.”; and

(6) the following statement: “Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer than 14 days.”

(b) The landlord or an agent of the landlord must deliver the notice personally or by first class mail to the residential tenant at the address of the leased premises.

(c) If the residential tenant fails to correct the rent delinquency within 14 days of the delivery or mailing of the notice, or the number of days required by a local government rule or law if the notice period prior to an eviction required by the local government is longer than 14 days, or fails to vacate, then the landlord may bring an eviction action under subdivision 1 based on nonpayment of rent.

Time for appearance by defendant.

The time for appearance and pleading shall be five days from the time of service on the defendant or thirty days after the publication of service under § 21-16-6.1, whichever occurs sooner. No adjournment or continuance shall be made for more than fourteen days, unless the defendant applying therefor shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the court, conditioned for the payment of the rent that may accrue, together with costs if judgment be rendered against the defendant.

Except as provided in this section, no tenant shall be evicted from a rental unit, notwithstanding the expiration of the tenant’s lease or rental agreement, so long as the tenant continues to pay the rent to which the housing provider is entitled for the rental unit; provided, that the nonpayment of a late fee shall not be the basis for an eviction. No tenant shall be evicted from a rental unit for any reason unless the tenant has been served with a written notice which meets the requirements of this section. Notices for all reasons other than for nonpayment of rent shall be served upon both the tenant and the Rent Administrator.