Can a 24-hour eviction be stopped?
- December 30 2022
Being served with an eviction notice is every tenant’s nightmare. The chances are that the eviction process cannot be completely stopped, but the tenants can attempt to stop or delay it. If you have been served with a 24-hour eviction notice and you are wondering if a 24-hour eviction can be stopped, read below to find out more about what can be done in this situation.
When can a landlord evict a tenant?
Some of the reasons a landlord can evict a renter are:
- Unpaid rent
- Breaking your lease agreement
- Subletting – if your tenancy agreement does not allow this
- Criminal activity at the property
- Denying your landlord entry into the property
- Refusing to sign a new lease
When can a landlord serve a 24-hour eviction notice?
A landlord can give a renter a 24-hour notice to vacate the property if the tenant has threatened or physically assaulted the landlord or another tenant in the property, or substantial damage was caused to the rental property. This notice must be in writing, state the reason for the termination of the tenancy, specify the date of the termination of the lease, have the address of the property and be signed by the landlord.
If the tenant does not comply with the eviction notice, the landlord has to apply for a court order within 10 days. If the landlord fails to do this, then the tenant can continue living at the rental property and the tenancy stays in place.
Understanding your eviction notice
If the landlord decides to terminate the lease agreement, you will first receive a written notice that will specify the reason for the eviction and the period you will have to comply with it.
Depending on where you live, you could receive different types of notices:
- Three-day notice to pay rent: you could either pay the rent or move out the property
- Three-day notice to cure, or to fix any lease violations
- Three-day unconditional quit notice: if you receive this notice, you have three days to move out from the rental unit
- Thirty or sixty-day to quit
What are the steps of an eviction process?
Before a tenant can be lawfully evicted, a landlord must follow these steps:
- Give the tenant a written notice.
- File an eviction case in court in case the tenant or tenants do not move out by the date specified on the notice.
- Get an eviction order from the judge (in case the tenants lose the case).
- Get a “Writ of Possession”- or a final 24-hour notice from the court.
- Have the Sheriff evict the tenants if they still refuse to move out (at this stage, the landlord has the right to change the locks of the property).
How can you stop an eviction?
If you have been served with an eviction notice, try to comply with it. If your landlord wants to terminate your lease agreement because of unpaid rent, pay your rent arrears and talk to your landlord about possible repayment plans.
Conclusion
Going through an eviction is a difficult and stressful process for every tenant. The best thing to do is try to avoid an eviction rather than fight to stop it, as it’s not always straightforward. If your landlord served you with an eviction notice, and you need some expert legal advice on the matter, our team is here to answer your questions.
Get in touch today!