If a tenant has violated the rental agreement by not paying rent or violating any provision of the lease agreement then the landlord may take action to have the tenant evicted. The tenant is entitled to notice of termination of the tenancy and to vacate the premises. This notice can be given in any form and does not have to be in writing if the term of the lease has expired or the tenancy has already ended. The law permits the landlord to specify a date on which the tenant must vacate the premises, no matter how soon, if the lease agreement has been violated. The landlord is not required by law to provide any advanced notice to the tenant and has the right to go directly to court and file a suit to have the tenant evicted.
If the tenant has violated the rental agreement and the landlord has asked the tenant to vacate the premises but the tenant has refused, the landlord has the right to go directly to court and file a suit to have the tenant evicted. It is illegal for the landlord to physically force the tenant off the premises and for the landlord to force the tenant off the property by cutting off or interfering with utilities in the tenant’s name or changing the locks to the rental property.
A popular belief is that an eviction notice is sufficient to force a tenant to move out by the date specified on the notice. In fact, the eviction notice is just the first step. Technically, the landlord’s notice to vacate means that, should the tenant not move out by the date specified, then the landlord may file suit in court to regain possession of the property. The tenant may move out before the notice expires. However, if the tenant does not move out by the specified date, the landlord may start a legal action with the local courts to regain possession of the property.
In cases where a tenant wishes to resist eviction, the tenant may lawfully remain on the premises until a landlord has received a court judgment against the tenant. Then, if forced physical removal of the tenant is required, it must be done by the sheriff’s office.