When it comes to evicting tenants, every landlord must follow applicable state and local laws by providing proper notice to the tenant and following the procedures necessary for a legal eviction. Even if a tenant is late paying the rent or has violated some rule laid out in his or her lease, a landlord usually has a duty to follow the process, which includes legally ending the tenancy first before suing to evict the tenant.
The first step for the landlord is to give the tenant written notice that, for example, the tenant has not paid the rent or has done something in violation of the lease agreement (like putting an old junk car in the front yard). The tenant then has the option to fix, or “cure,” the violation within a set amount of time before the landlord ends the tenancy and then, presumably, sues for eviction.
Some notices may not give the tenant the opportunity to fix a problem. Maybe the tenant has done something illegal or has continually violated the lease. In some states, the landlord has the right to end the tenancy without giving the tenant the option to fix a problem, but must still give the tenant notice.
A landlord can never force an eviction by just changing the locks and putting the tenant’s belongings out on the street. If the tenant refuses to leave, the landlord will have to file an eviction lawsuit in the local court, and must serve the tenant with the proper summons and complaint. During the eviction lawsuit, the tenant will have the opportunity to defend him or herself. Perhaps the tenant didn’t make that rent payment because he or she had to make necessary repairs to the property. The tenant might also point out any errors in the eviction paperwork, causing the court to dismiss the eviction lawsuit.
Until the landlord has jumped through all of these legal hoops, the tenant cannot legally be evicted.