Eviction

Image:Eviction process bc canada.JPG of the Eviction Process in British Columbia, Canada]]

Most jurisdictions do not permit the landlord to evict a tenant without first taking legal action to do so (commonly referred to as a "self-help" eviction; such actions include changing locks, removing items from the premises, or terminating utility services). Such evictions are generally illegal at any time during the process (including after a landlord wins an eviction suit); a tenant facing such measures may sue the landlord. However, self-help evictions may be permitted in some jurisdictions when commercial tenants are involved, as opposed to residential tenants.{{Cite web|url=http://files.ali-cle.org/thumbs/datastorage/lacidoirep/articles/PREL1607_Compton_thumb.pdf#page=2|title=The Evolving Use of License Agreements in Real Estate-Related Transactions|access-date=2019-10-16}}{{Cite web|url=http://www.lawjournalnewsletters.com/sites/lawjournalnewsletters/2008/01/31/using-a-license-agreement-instead-of-a-lease/|title=Using a License Agreement Instead of a Lease|last=January 2008|website=LawJournalNewsletters.com|access-date=2019-10-16}}

Prior to filing a suit in court for eviction, generally the landlord must provide written notice to the tenant (commonly called a notice to quit or notice to vacate).{{Cite web|date=2021-01-24|title=3 Ways To Avoid Eviction If You Cannot Find Rental Assistance In Houston|url=https://www.houstoncasemanagers.com/avoid-eviction/|access-date=2021-01-26|website=www.houstoncasemanagers.com|language=en-us}} The residential and commercial ordinances created jurisdictions preventing landlords from taking any action that may force a tenant out of their premises. These actions include, but are not limited to, force and threats, removing essential services, demolishing the property, or interfering with entrance locks.{{Cite web|url=https://www1.nyc.gov/site/hpd/renters/harassment.page|title=HPD - Tenants' Rights - Harassment|website=www1.nyc.gov|access-date=2019-10-16|archive-date=2019-10-03|archive-url=https://web.archive.org/web/20191003204050/https://www1.nyc.gov/site/hpd/renters/harassment.page|url-status=dead}}{{Cite web|url=https://www.huffpost.com/entry/commercial-tenant-harassm_b_12624936|title=Commercial Tenant Harassment in New York City--Questionable Medicine|last1=Bailey|first1=Adam Leitman|last2=Law|first2=ContributorAttorney at|date=2016-10-25|website=HuffPost|language=en|access-date=2019-10-16}}

If the tenant remains in possession of the property after the notice to vacate has expired, the landlord can then serve the tenant with a lawsuit.

Depending on the jurisdiction, the tenant may be required to submit a written response by a specified date, after which time another date is set for the trial. Other jurisdictions may simply require the tenant to appear in court on a specified date. Eviction cases are often expedited since the issue is time-sensitive (the landlord loses rental income while the tenant remains in possession). A jury trial may be requested by either party, however until the late 2000s that was very uncommon.{{Cite news|url=https://www.laweekly.com/news/how-superman-of-renters-daniel-bramzon-revolutionized-las-eviction-defense-industry-5277910|title=How "Superman of Renters" Daniel Bramzon Revolutionized L.A.'s Eviction-Defense Industry|last=Aron|first=Hillel|date=2014-12-10|newspaper=L.A. Weekly |access-date=2016-10-07}}

Many of the defendants in eviction case do not show up for court. In many major cities, including Milwaukee, as many as 70% of defendants are no-shows.{{Citation|last=Desmond, Matthew|title=Evicted : poverty and profit in the American city|others=Aiello, Scott|isbn=978-0-14-752679-3|oclc=942737584}} In the courts in some urban areas only 10% of defendants showed up.{{Cite journal|last=Larson|first=Erik|date=2006|title=Case Characteristics and Defendant Tenant Default in a Housing Court|journal=Journal of Empirical Legal Studies|language=en|volume=3|issue=1|pages=121–144|doi=10.1111/j.1740-1461.2006.00065.x|issn=1740-1461}}

As mentioned above, most jurisdictions do not allow a landlord to evict a tenant without legal action being taken first, even if the landlord is successful in court.

Instead, the landlord would have to obtain a writ of possession or warrant of removal from the court and present it to the appropriate law enforcement officer. The officer then posts a notice for the tenant on the property that the officer will remove the tenant and any other people on the property, though some jurisdictions will not enforce the writ if, on that day, inclement weather is taking place.{{cite web |url=https://www.texastenant.org/eviction.html |title=Eviction |website=Texas Tenant Advisor |publisher=Texas Low Income Housing Information Service |location=Austin, Texas |access-date=2019-02-27 |quote=If it is raining, sleeting, or snowing you cannot be removed. |archive-date=2019-02-28 |archive-url=https://web.archive.org/web/20190228065833/https://www.texastenant.org/eviction.html |url-status=dead }}

With the removal of the tenant also comes the removal of their personal belongings. If the tenant leaves behind anything of value, there is a custom (but no law in some jurisdictions) for the landlord to hold onto their left-behind belongings for 30 days. After these 30 days the landlord is able to sell the left-behind property, usually in an auction, to satisfy any overdue rent arrears.{{Cite web|url=https://www.rentprep.com/evictions/tenants-belongings-after-eviction/|title=Tenants Belongings After Eviction: What Are Your Responsibilities?|date=2018-08-11|website=RentPrep|language=en-US|access-date=2019-10-16}}

A no-fault eviction occurs when a landlord seeks to regain possession of a rented property under laws that do not require him to allege any fault on the part of the tenant such as failure to pay rent, disturbance to neighbors or other tenants in the building, or violation of lease terms.{{citation needed|date=October 2020}} In many jurisdictions, a tenancy at will, as opposed to a term lease tenancy, may be ended at any time with a minimum of thirty days' notice to tenant, although some jurisdictions require longer notice periods.{{citation needed|date=October 2020}}

As gentrification and the re-population of urban centers by wealthier residents takes place, no-fault evictions are used as a tool to displace tenants in cities with rent control. In California, for example, the Ellis Act allows eviction of rent-controlled tenants if the landlord intends to no longer rent any portion of an apartment building (i.e., landlords cannot be compelled to rent). The Ellis Act has been applied to rentals in San Francisco,{{cite web|url=http://www.antievictionmappingproject.net/ellis.html|title=Ellis Act Evictions, San Francisco |website=Anti-Eviction Mapping Project |location=San Francisco, California |access-date=2019-02-27}}{{cite web |url=http://www.thebolditalic.com/articles/6693-2015-promises-to-be-a-battleground-year-for-ellis-act-evictions |title=2015 Promises to Be a Battleground Year for Ellis Act Evictions |date=22 January 2015|website=The Bold Italic |publisher=A Medium Corporation |access-date=4 April 2018}} Santa Monica and Los Angeles.{{citation needed|date=February 2019}}

{{Main|Just cause eviction}}

Just cause eviction, also known as good cause eviction, describes laws that aim to provide tenants protection from unreasonable evictions, rent hikes, and non-renewal of lease agreements. These laws allow tenants to challenge evictions in court when they are not considered to be legitimate evictions.{{Cite web |last=Cohen |first=Rachel M. |date=2023-05-01 |title=The fight to make it harder for landlords to evict their tenants |url=https://www.vox.com/policy/2023/5/1/23697209/landlords-tenants-good-cause-just-cause-eviction-housing |access-date=2023-07-07 |website=Vox |language=en}} Generally, landlords oppose just-cause eviction laws due to concerns over profit, housing stock,{{Cite web |title='Good Cause Eviction' bill is top focus as Albany zeros on housing crisis |url=https://www.ny1.com/nyc/all-boroughs/news/2023/02/06/good-cause-eviction-bill-pits-progressives-against-real-estate-lobby |access-date=2023-07-08 |website=www.ny1.com |language=en}} and court cases.{{Cite news |last=Kaysen |first=Ronda |date=2022-05-21 |title=What Is 'Good Cause Eviction,' and What Does It Mean for Renters? |language=en-US |work=The New York Times |url=https://www.nytimes.com/2022/05/21/realestate/good-cause-eviction-renters-new-york.html |access-date=2023-07-08 |issn=0362-4331}}

Renoviction is a term used when a tenant is evicted to renovate a property.{{cite web |title=How to protect yourself against 'renoviction' as rental markets heat up |url=https://www.ctvnews.ca/business/how-to-protect-yourself-against-renoviction-as-rental-markets-heat-up-1.6207408|website=CTV News |date=23 December 2022 |publisher=The Canadian Press |access-date=8 March 2024}} A landlord may perform a renoviction to raise the cost of rent for other prospective tenants.{{cite web |last1=Previll |first1=Sean |title=Renovictions: Can new bylaws help protect Canada's renters? |url=https://globalnews.ca/news/10238085/canada-housing-renoviction-ban |website=Global News |access-date=8 March 2024}} In some jurisdictions, such as Ontario, evicted tenants have the right of first refusal.{{cite web |last1=Burman |first1=Dilshard |title=Your landlord wants to renovate your rental home. Now what? |url=https://toronto.citynews.ca/2023/09/13/landlord-tenant-rights-renovations/ |website=CTV News |date=13 September 2023 |access-date=8 March 2024}}

Real estate mobbing, also known as property mobbing, is the use of mobbing (group bullying) techniques by real estate speculators to constructively or forcibly evict a resident from their dwelling. The United Nations has recognized real estate mobbing as a worldwide cause of forced eviction.United Nations Human Rights, Forced Evictions, http://www.ohchr.org/Documents/Publications/FS25.Rev.1.pdf. Real estate mobbing is acknowledged as a problem in Europe and particularly in Spain.Ajuntament de Barcelona (City of Barcelona), Housing Fines to Combat Property Mobbing, https://www.barcelona.cat/infobarcelona/en/tema/housing/fines-to-combat-property-mobbing_690956.html

{{main|Eviction in the United States}}

In the United States of America, rules for evictions and the eviction process are determined by state, local county, and city rules.

If the tenant is on a fixed term tenancy and their lease is coming to an end, a landlord will be required to give them a valid notice to vacate. The period of this notice varies from state to state. If the tenant will not cooperate with the parameters of an eviction notice, application is made to the Tenancy Tribunal for possession of the property.

A landlord cannot legally evict a tenant without obtaining a Possession Order and a Warrant of Possession. A Warrant of Possession directs the police to evict a tenant from the property. The police then contact the agent to arrange a time to go to the property, see the tenants off the premises, change the locks and formally take possession. The eviction must always be carried out by the police; the landlord cannot evict tenants themselves. Taking the law into own hands and failing to act according to the relevant legislation in jurisdiction will carry penalties for a landlord.{{Cite web|url=https://www.findlaw.com.au/articles/97/evictions.aspx|title=Evictions |website=findlaw.com.au|access-date=2020-05-11}}

On March 29, 2020, Prime Minister Scott Morrison revealed that state and territories governments will be moving to put a moratorium on evictions of persons as a result of financial distress caused by the COVID-19 pandemic. The government said these measures were set to last for at least six months.{{Cite web|url=https://au.finance.yahoo.com/news/breaking-pm-rules-no-evictions-for-6-months-074953936.html|title=Prime Minister bans evictions for 6 months| date=29 March 2020| website= au.finance.yahoo.com |access-date=2020-05-11}}

{{excerpt|Human rights in Cambodia|Forced evictions}}

{{excerpt|Forced evictions in China}}

{{excerpt|Homelessness in Indonesia|Forced evictions}}

{{excerpt|Human rights in Nigeria|Forced evictions}}

There are sometimes communication problems for when the actual eviction date is decided upon, leaving some evictees thoroughly underprepared with nothing packed when the sheriff comes. This can lead to a Skinner box–like experience as evictees sometimes try "riding" the eviction out. (This is sometimes caused by denial.)

Evictees{{cite web |title=evictee |url=https://www.merriam-webster.com/dictionary/evictee |website=merriam-webster |access-date=14 February 2020}} experience higher rates of: depression, anxiety, high blood pressure, post-traumatic stress disorder (PTSD), and even suicide.{{cite web |title=Study warns of enormous impact of evictions on mental health |url=https://medicalxpress.com/news/2018-01-enormous-impact-evictions-mental-health.html |website=medicalxpress |access-date=10 February 2020}}{{cite web |last1=Bovell-ammo |first1=Allison |last2=Sandel |first2=Megan |title=The Hidden Health Crisis of Eviction |url=https://www.bu.edu/sph/2018/10/05/the-hidden-health-crisis-of-eviction/ |website=Boston University school of public health |access-date=10 February 2020}}{{Cite journal|last1=Serby|first1=Michael J.|last2=Brody|first2=David|last3=Amin|first3=Shetal|last4=Yanowitch|first4=Philip|date=2006-02-01|title=Eviction as a Risk Factor for Suicide|journal=Psychiatric Services|volume=57|issue=2|pages=273–b|doi=10.1176/appi.ps.57.2.273-b|pmid=16452711|issn=1075-2730}} The process of eviction can take a long time (potentially months) and this can leave the evictee in a heightened state of stress, which makes them more susceptible to stress illnesses.{{cite web |last1=Singal |first1=Jesse |title=What Happens to People Who Get Evicted Over and Over and Over |url=https://www.thecut.com/2016/03/what-happens-to-people-who-get-evicted-over-and-over-and-over.html |website=the cut |date=4 March 2016 |access-date=10 February 2020}} Even after years have passed, studies show that evictees are less happy, optimistic and energetic than those who haven't been evicted.{{Cite journal|last1=Desmond|first1=Matthew|last2=Kimbro|first2=Rachel Tolbert|s2cid=144361972|date=September 2015|title=Eviction's Fallout: Housing, Hardship, and Health|journal=Social Forces|language=en|volume=94|issue=1|pages=295–324|doi=10.1093/sf/sov044|issn=0037-7732}}

Being evicted can increase rates of job loss. A person is 15% more likely to be laid off after experiencing eviction.{{Cite journal|last1=Desmond|first1=Matthew|last2=Gershenson|first2=Carl|date=2016-02-01|title=Housing and Employment Insecurity among the Working Poor|url=https://academic.oup.com/socpro/article/63/1/46/1844105|journal=Social Problems|language=en|volume=63|issue=1|pages=46–67|doi=10.1093/socpro/spv025|issn=0037-7791}} This can lead to a cycle where the eviction makes it difficult to work but not working can lead to eviction. Evictions can remain on a tenant's record for up to seven years in the United States,{{Cite web |title=How long can information, like eviction actions and lawsuits, stay on my tenant screening record? |url=https://www.consumerfinance.gov/ask-cfpb/how-long-can-information-like-eviction-actions-and-lawsuits-stay-on-my-tenant-screening-record-en-2104/ |access-date=2023-04-20 |website=Consumer Financial Protection Bureau |date=July 2021 |language=en}} and landlords are allowed to reject tenants due to previous evictions.{{Cite web |last=Kimble |first=Megan |author-link=Megan Kimble |date=2020-12-09 |title=How Evictions Haunt Tenants for Years |url=https://www.texasobserver.org/evictions-texas-housing/ |access-date=2023-04-20 |website=The Texas Observer |language=en-US}} Evictions are a leading cause of homelessness. {{Cite web |date=2020-09-29 |title=The pandemic will likely make America's eviction crisis even worse |url=https://www.pbs.org/newshour/economy/the-pandemic-will-likely-make-americas-eviction-crisis-even-worse |access-date=2023-04-20 |website=PBS NewsHour |language=en-us}}{{Cite web |last=Gross |first=Terry |title=First-Ever Evictions Database Shows: 'We're In the Middle Of A Housing Crisis' |website=NPR |url=https://www.npr.org/2018/04/12/601783346/first-ever-evictions-database-shows-were-in-the-middle-of-a-housing-crisis}}

Evictees often end up moving into poorer quality housing, like overcrowded homes. A study that looked at Milwaukee, Wisconsin found that renters who had been involuntarily moved from a prior residence were 25% more likely to experience long-term housing problems than their peers who had only moved voluntarily.{{Cite journal|last1=Desmond|first1=Matthew|last2=Gershenson|first2=Carl|last3=Kiviat|first3=Barbara|date=2015|title=Forced Relocation and Residential Instability among Urban Renters|journal=Social Service Review|language=en|volume=89|issue=2|pages=227–262|doi=10.1086/681091|s2cid=142660055|issn=0037-7961}}

• {{annotated link|Accumulation by dispossession}}
• {{annotated link|Cure or quit}}
• {{annotated link|Ejectment}}
• {{annotated link|Forced evictions in China}}
• {{annotated link|Foreclosure}}
• {{annotated link|Forcible entry}}
• {{annotated link|Lease}}
• {{annotated link|Population transfer}}
• {{annotated link|Quiet title}}
• {{annotated link|Retaliatory eviction}}
• {{annotated link|Soldal v. Cook County}}
• {{annotated link|The Registry}}
• {{annotated link|Unlawful eviction and harassment}}

{{Reflist}}

{{Wiktionary}}

• [http://www.ctnla.org/tenants-rights-good-cause-eviction Good Cause Eviction (CT)] {{Webarchive|url=https://web.archive.org/web/20100920120828/http://ctnla.org/tenants-rights-good-cause-eviction |date=2010-09-20 }}
• [http://www.american-apartment-owners-association.org/property-management/rent-magazine-articles/fighting-tenants-who-fight-eviction/ Fighting Tenants Who Fight Eviction]
• [https://web.archive.org/web/20070112043010/http://www.oag.state.ny.us/realestate/tenants_rights_guide.html New York State housing rights guide]
• [http://www.dollarsandsense.org/archives/2009/0309fireside.html Renters in the Crosshairs] from Dollars & Sense, March/April 2009
• [http://www.rentlaw.com/ The National Landlord Tenant Guide to Eviction All 50 States]
• [https://web.archive.org/web/20160711023010/http://www.dca.ca.gov/publications/landlordbook/index.shtml California Consumer Dept Guide]

{{Real estate}}

{{Authority control}}

Category:Landlord–tenant law

Category:Personal financial problems

Category:Forced migration