Eviction: What are Your Rights?

If comedian/actor Dane Cook can get evicted from his home for not cleaning up after his pet Chihuahua, all us MainStreeters can more than likely expect to get the boot for violating the terms of our property leases, particularly if we’re late with rent.   It’s especially true in this economy where money is tight and landlords literally can’t afford to make exceptions for late payments.

Here’s how an eviction process generally works, as well as your rights and the ramifications. (Understand that each jurisdiction may have more specific rules, so check with your local tenants’ union with specific questions.)

DON’T PACK YOUR BAGS RIGHT AWAY
After missing a payment or violating your contract, your landlord will likely send you a “notice to pay” or a “notice to quit” and offer you just three to five extra days to come up with the money, plus any late fees specified in the rental agreement. Otherwise then you’re expected to move out. Keep in mind that a notice to quit is not a court document and, legally speaking, you don’t need to pack up and go right then and there. After three to five days your landlord will probably issue a summons and complaint letter, which then legally starts the eviction process.  You’re expected to either defend yourself in court or do nothing and lose by default.  Soon after that a marshal will then show up at your door and order you to leave.