Legal Limitations of an Eviction Procedure

Understanding the legal limitations of the eviction procedure can help you avoid any confusion when an eviction is imminent. Here are some of the legal aspects of an eviction for you to consider.

Notice

Contrary to what many people might believe, a landlord cannot simply put a lock on your door and tell you that you are evicted. This is against the law. The landlord has to provide a tenant with a written notice that he is on the verge of being evicted before actually evicting him.

Lawsuit

If the tenant does not resolve the matter with the landlord, the landlord will have to file a lawsuit in order to get him removed from the property. During this process, the judge will decide whether he should be evicted. If the judge rules that an eviction is appropriate, she will then issue an order of eviction in the case.

Law Enforcement

Once the judge decides that the tenant should be evicted, the landlord alone cannot evict him. Instead, the landlord has to work in conjunction with the local sheriff's office to evict the tenant. The sheriff actually has to go to the property and escort the individual out.

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