Evictions

Evictions

    A tenant may be evicted from his/her rental property if he or she fails to pay rent according to a rental agreement, or violated other provisions of the contract.  Matters that affect an eviction include whether there was a written rental agreement, a month to month rental agreement or a long term rental agreement, whether the renter is paying weekly, by-weekly or monthly, whether there is a written purchase agreement with the renter, or whether the renter is a hold over renter after a long term lease with purchase option, canceled purchase agreement, or foreclosure.  A month to month rental agreement can be canceled for no cause even if the rent is paid current by giving a one rental period notice.  If the rent is delinquent, the land lord can give a three day notice.  After the notice the land lord can proceed with a eviction.

    An eviction is filed in the Justice of the Peace precinct where the rental property is.  A hearing is held before the Justice of the Peace.  The Justice of the Peace is required to order an eviction if the renter has violated the terms of the lease and has been properly served with notice.  If the renter does not vacate the premises after the eviction, a writ can be obtained to physically  move the renter out of the property. 

    This office will send notices, file evictions and represent the land lord or tenant at the hearing.