Getting evicted is a frightening prospect, but landlords can’t legally evict tenants just because they want to. Tenants have rights, and landlords have to follow strict rules when they try to force someone off their property.
When you receive an eviction notice, it’s important to take a step back and evaluate your options. Understanding the legal process and what landlords can and can’t do could protect you from an illegal eviction in the future.
Can a Landlord Legally Evict You for No Reason?
It depends; a landlord generally can’t evict a tenant without presenting a valid reason to the court. However, depending on where you live and whether you have an existing lease agreement, your landlord might have some leeway in justifying their decision to evict you.
In most states, landlords can use “no cause” evictions to remove tenants who don’t have long-term rental agreements. For example, if your lease runs from month to month, your landlord can likely issue a notice to vacate regardless of whether you’ve been a good tenant. In addition, if a landlord’s family member lives on their property without a lease, they may be able to evict family members.
In no-cause evictions, landlords also don’t have to explain why they want you to leave the property as long as they give you the appropriate amount of notice.
Tenants with yearly or longer agreements usually have better protections that limit landlords to “for cause” evictions. To remove you from the property, your landlord has to justify the eviction with inappropriate tenant behavior and lease violations, such as failing to pay your rent.
Understanding The Eviction Process
State and local laws outline how the eviction process unfolds. These are the basic steps in most areas:
- Your landlord issues a notice to vacate with a deadline for leaving the property.
- If you refuse to leave and don’t correct the underlying issue, the landlord can file an eviction lawsuit.
- You receive an official summons and complaint from the court.
- During your court appearance, you explain why you disagree with the eviction and share any evidence that you collected.
- If the court enforces the eviction, the landlord can bring law enforcement to the property to remove you.
Your lease terms can significantly affect your potential eviction. For example, many lease agreements state that the landlord can’t begin an eviction if a tenant has only missed one rent payment.
Legal Reasons for Eviction
Landlords can legally evict tenants for various reasons, most of which are related to the details of their lease agreement.
Non-Payment of Rent: Missing, incomplete, or late rent payments violate that aspect of your lease and give your landlord cause to evict you.
Violation of Lease Terms: This might include subletting or subleasing your rental when the lease doesn’t allow it. Housing an unauthorized tenant, keeping an unauthorized pet or emotional support animal, or making structural changes to the property could also qualify as violations.
Damage to Property: Most landlords expect there to be some amount of wear and tear when they rent out a property, but that doesn’t mean you can get away with excessive property damage. Whether it’s intentional or accidental, problems such as holes in the drywall or damaged flooring could result in an eviction.
Illegal Activities Conducted on the Premises: Breaking the law can not only land you in jail but also leave you with no place to live. A landlord could evict you for illegal acts involving drugs, violence, or firearms.
Illegal Reasons for Eviction
Landlords sometimes attempt to evict tenants for unfair and unlawful reasons. These might include:
- Retaliation: A landlord can’t evict you because you upset them by filing a complaint or reporting violations of health and safety standards to an inspector or government agency.
- Discrimination: Under federal law, it’s illegal for a landlord to evict you because of a characteristic such as your race, gender, or religion.
- Harassment: Your landlord also can’t threaten or pursue an eviction to harass, frighten, or pressure you into doing something they want.
If your landlord is trying to evict you and you suspect that one of these factors is their motivation, you can fight the eviction in court.
Exceptions to Eviction Rules
Eviction laws often include loopholes for special circumstances, allowing your landlord to evict you without showing cause.
No-Fault Evictions
With no-fault evictions, landlords can repossess properties even if the tenant hasn’t caused any problems and has paid their rent on time. These evictions usually occur when tenants have short lease terms, such as weekly or monthly, or if they continue to pay rent after their initial lease expires.
In those cases, the property owner doesn’t have to give a reason for initiating the eviction. They do, however, have to give you a sufficient notice period to find a new place to live.
Landlord Move-In Evictions
In some states, landlords can also evict their tenants if they want to move into the property. This type of eviction doesn’t require any other kind of cause and can occur at any time, as long as the landlord gives you sufficient notice.
The length of the notice period usually depends on your lease, but providing 30 or 60 days is common practice in many states.
Tenant Rights Under Federal and State Law
Eviction laws empower landlords to remove tenants who aren’t upholding their lease agreement. However, the government also has laws in place to protect tenants from illegal and improper evictions.
Federal Law
At the federal level, the Fair Housing Act protects tenants from discrimination based on these characteristics:
- Race or color
- National origin
- Religion
- Disability
- Sex
- Familial status
Landlords who attempt to evict tenants based on one of these factors can face serious penalties.
State Law
While the Fair Housing Act applies to landlords across the country, most states have additional laws in place to safeguard tenants against unfair evictions. These laws vary widely from state to state. For example, some states might allow landlords to evict tenants who lied on their rental applications, while others limit evictions to lease violations or failure to pay.
What to Do If You Receive a No Cause Eviction Notice
If you receive a no-cause eviction notice, read it carefully and ensure that you understand the details, such as how quickly the property owner expects you to leave the premises. Review a copy of your lease and research state and local laws to see if the eviction is legal.
In addition, consider reaching out to a legal professional who can break down the notice and explain your next steps.
Unfortunately, some tenants don’t have the resources to hire an attorney. If you need help finding or paying for a lawyer, explore these legal aid and tenant support resources:
- The American Bar Association helps connect tenants with legal aid organizations.
- LawHelp.org connects tenants with a network of legal aid providers.
- The US Department of Housing and Urban Development provides a list of tenant rights for every state, with links to state resources and support.
If your income is limited, a legal aid organization or pro bono attorney can help you understand your eviction and, if necessary, appeal it without requiring you to pay expensive fees.
How to Challenge an Unlawful Eviction
If you feel that your eviction violates the law, you can dispute it in court. Before you do, you should determine whether you have a solid defense, such as:
- You failed to pay because the property was uninhabitable.
- The landlord didn’t provide an appropriate notice period.
- You suspect the landlord is evicting based on discrimination or retaliation.
- The landlord didn’t follow the eviction process, prematurely locking you out of the property.
No matter why you’ve decided to dispute the eviction, it’s important to gather evidence. This might include receipts for your rent payments, a list of problems you’ve reported about the property, or notes documenting conversations that you’ve had with the landlord.
Most importantly, make sure you’re present in court on the day listed on the eviction summons. Failing to appear will likely result in your landlord winning the case and the court approving the eviction.
An experienced attorney can offer guidance during each stage of this process. If you plan to dispute your eviction, it’s best to seek legal advice as quickly as possible so you don’t miss any important deadlines or legal requirements.
Know Your Rights as a Tenant
Seeing an eviction notice in the mail or on your door might send you into a panic, but it’s important to stay calm. If you understand tenant rights and eviction laws, you can determine whether the eviction is legal and what you can do to fight it.
In eviction disputes, professional legal advice can mean the difference between staying in your home and boxing up all your belongings. Look for a qualified attorney who can explain your options and help you find the best path forward.
