What's the law on Eviction?
The only lawful way to evict a tenant is for the landlord to obtain a court order signed by the circuit court or magistrate judge. This is obtained in a lawsuit called a "forcible entry and detainer" action. After giving a three-day notice, a landlord can secure a court order to have a tenant evicted if either:
The tenant is in unlawful possession of the landlord's property (by remaining on the property after the expiration of a rental agreement or failing to pay rent for more than three days after it is due);
The tenant substantially damages the premises; or
The tenant does or fails to do something which, under the terms of the lease, is identical to cancellation.
A tenant must be given three (3) days notice to vacate before a forcible entry and detainer action can be commenced by a landlord. the tenant refuses to move after three days, the landlord can then file a lawsuit for eviction.
Last edited by landy; 01-28-2005 at 01:29 PM.
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