What is Involved in the 被驱逐的过程?

杰西卡·埃利斯
杰西卡·埃利斯
A 30 day notice of eviction is usually posted on an apartment's door.
A 30 day notice of eviction is usually posted on an apartment's door.

Eviction is a process by which a 房东 or property owner requires a 租户 to vacate the premises. Laws regarding the eviction process vary from region to region; it is extremely important to study local laws carefully when enacting or facing an eviction. Several issues can affect the eviction process, including rental contract agreements and regional laws.

Several issues can affect the eviction process, including rental agreements.
Several issues can affect the eviction process, including rental agreements.

Typically, the eviction process begins with a written notification from the 房东 to the 租户. This notice will usually state the reason for eviction as well as the date on which the 租户 must leave. Reasons for the eviction may include failure to pay rent or maintain property, evidence of illegal activity, or failure to comply with the rental contract. 在一些地区, no reason is legally required for eviction, especially if the 租户 is on a month-to-month rental contract instead of a lease.

Landlords cannot physically remove a 租户 from the rented property until an official eviction notice has been served.
Landlords cannot physically remove a 租户 from the rented property until an official eviction notice has been served.

The amount of time between posting a notice and the date of eviction may vary depending on the reason behind the eviction. 在一些地区, refusal to pay rent or evidence of 骚扰 may give the 房东 leeway to evict the 租户 within a few days. Some 房东s may also give the 租户 a period of time in which the error causing the eviction can be corrected.

Video evidence of a 租户 committing a violation can help with the eviction process.
Video evidence of a 租户 committing a violation can help with the eviction process.

In some regions, the 租户 may be able to fight the eviction through legal proceedings. Failure to give notice, 歧视, or evidence of 骚扰 by the 房东 may all give a 租户 grounds to dispute the eviction in court. Many legal experts advise retaining counsel at once if an illegal eviction process begins; 租户s should also be certain to keep all documents, 消息, or receipts from transactions with the 房东 in order to build a case against eviction.

If a 租户 stays on the property past the eviction date, a 房东 can file legal documents that allow immediate removal. At this point, law enforcement may be called to oversee the eviction process, if necessary. Laws regarding any possessions left in the rental property can vary; some areas require that the 房东 return or store the items for the 租户, while others consider any remaining items to be abandoned and permit seizure by law enforcement.

Although the 房东 owns the property, he or she typically does not have the right to force a 租户 out by changing locks or shutting off utilities. In almost all areas, a 房东 is prohibited from physically forcing a 租户 out, or harming or threatening them in anyway. Since forced evictions typically involve heated tempers, the presence of law enforcement may serve as a safety measure and a witness for both 房东 and 租户.

杰西卡·埃利斯
杰西卡·埃利斯

与一个B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica is passionate about drama and film. She has many other interests, and enjoys learning and writing about a wide range of topics in her role as a MyLawQuestions writer.

杰西卡·埃利斯
杰西卡·埃利斯

与一个B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica is passionate about drama and film. She has many other interests, and enjoys learning and writing about a wide range of topics in her role as a MyLawQuestions writer.

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Discussion Comments

anon86008

I live in an 24/7 manned and gated HOA and one owner is in default of assessments and has stated he is walking away from the property.

He has allowed someone to inhabit the property and is not in compliance with the governing documents and has not followed the written protocol for renter approval by the HOA. The unauthorized occupants have become abusive and non-compliant.

How quickly and what can we do to get them out as soon as possible?

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    • A 30 day notice of eviction is usually posted on an apartment's door.
      : bagraphix
      A 30 day notice of eviction is usually posted on an apartment's door.
    • Several issues can affect the eviction process, including rental agreements.
      : andiafaith
      Several issues can affect the eviction process, including rental agreements.
    • Landlords cannot physically remove a 租户 from the rented property until an official eviction notice has been served.
      :米凯尔Damkier
      Landlords cannot physically remove a 租户 from the rented property until an official eviction notice has been served.
    • Video evidence of a 租户 committing a violation can help with the eviction process.
      By: Volodymyr Shevchuk
      Video evidence of a 租户 committing a violation can help with the eviction process.
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