The word eviction is used to define the action by which the material possession of a real estate is taken away from an individual, by order of a judicial or governmental authority in compliance with a sentence, which declares the eviction of the tenant or the owner of the property. Eviction can also occur in the event of an emergency that endangers the lives of the people inside the building. For example an earthquake, fire, flood, etc.
The causes that motivate a landlord to evict his tenant can be: expiration of the rental contract. Failure to pay two rents. Need of the tenant to occupy his property. Need to make changes to the property, etc.
When the eviction is carried out because the tenant did not comply with the payment of the rent, certain steps must be previously fulfilled, among which are:
- A written notice must be sent identifying the cause of the eviction (non-payment, eviction for cause, termination of the lease).
- Court summons.
- An eviction lawsuit is filed.
- Tenant response.
- Eviction hearing.
- Eviction.
When the eviction is without cause, in this case the property owner has no reason to order an eviction. The landlord can do this if the lease expired, otherwise he will not be able to vacate the tenant. Constructive eviction occurs when the landlord uses illegal methods to evict the tenant, such as cutting off the power, changing the locks, etc. this kind of eviction can motivate the tenant to take legal action against the property owner.
