Leaving Home: Can My Landlord Evict Me?

Are you looking for an out-of-state opportunity? Have you tried searching for housing in your new area? Are you feeling stuck between your new job and a fantastic new city?

If you answer yes to these questions, you could be facing a pretty uncertain situation with your landlord. In 2019, the most recent year for which the Census Bureau has solid statistics, nearly 36% of the 122.8 million households in the US were led by renters.

If you sign a lease or have a month-to-month agreement, as soon as you tell your landlord you’re leaving home, they can start the eviction process. Moving out? Keep reading to learn about landlord evicting procedures and more.

What is an Eviction?

An eviction is a legal process whereby a landlord seeks to remove a tenant from a rental property. Even if a tenant is leaving a rental home voluntarily, the landlord can still evict them. When a tenant moves out, the landlord will stop the lease and begin the process of evicting them from the property.

Each state has specific notice and eviction laws before a landlord can legally evict a tenant – including commercial tenants. Tenants need to know the laws of their state on commercial tenant evictions before leaving their leased property. If a tenant does not respond to an eviction notice, the landlord may proceed to the courts and pursue either an immediate or formal eviction.

Notice of Termination with Cause

If a landlord has a valid reason to evict a tenant, they can issue a notice of termination with cause. Reasons for house evictions can include a tenant failing to pay their rent on time, damaging the property, violating the terms of the lease, or engaging in disruptive behavior.

Before a notice is issued, the landlord must provide a written notice informing the tenant of why the notice is being given. It usually comes with a stated timeline for either paying past due rent, correcting the issue, or vacating the premises.

Once the stated timeline has expired, if the tenant fails to comply, the landlord may begin the eviction process with formal legal action. Leaving home upon receiving a notice of termination with cause is not required. But it could help avoid legal complications that could arise from being evicted.

Notice of Termination without Cause

When a lease is terminated without cause, the landlord is required to provide the tenant with a written notice specifying the exact date of termination. When a tenant receives a notice of termination without cause, they must leave the property by the specified date, or the landlord can begin eviction proceedings. If a tenant ignores the notice and fails to leave, the landlord can get a court order (eviction order or writ of possession) to have them removed from the property.

In some cases, the landlord doesn’t need a court order if the tenant has abandoned the property. In any case, it is always best for a tenant to vacate the premises when they receive an eviction notice without cause. This is to avoid an expensive and time-consuming eviction process.

The Consequences of Leaving Home

Leaving home can have long-term consequences if you are not sure of your rights as a tenant. Make sure you understand each state’s eviction laws before making any decision.

If you are in doubt, contact an experienced landlord-tenant attorney for advice and assistance. Make smart decisions – take action now and protect your rights!

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