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How Do I Evict a Tenant?

There are instances when a landlord and tenant relationship may no longer work, and the landlord may wish to have the tenant removed from the premises that he or she leases. In this event, the landlord wishes to evict the tenant. The process of eviction is a legal process that involves the landlord filing an eviction notice against the tenant. However, the tenant cannot be forcibly evicted from the property except for a local law enforcement officer.


In order for a landlord to evict a tenant, it is necessary that he or she does not physically change the locks or deny the tenant physical access to the leased premises. It is also necessary that the landlord does not deprive the tenant of any utilities such as electricity, water, heat, gas, etc. These means of eviction are considered illegal and are collectively called constructive eviction. It is within the right of the tenant to file a lawsuit against his or her landlord in the event that constructive eviction is used.


In order to properly and legally evict a tenant, a landlord must furnish a legal eviction notice or notice to quit. The landlord must provide the reasons for the eviction along with a specific date and time that the tenant should leave the leased premises. The period of time given for a tenant to abandon the premises depends upon the actions of the tenant, whether he or she has not paid the rent for several months or a violation was committed.


 

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