This article has multiple issues. In present-day practice and procedure, there has come to be a wide variation in the 3 day notice to quit pdf of these terms from jurisdiction to jurisdiction. One should not assume that all aspects of the discussions below will necessarily apply even in all states or other common law jurisdictions. However, self-help evictions may be permitted in some jurisdictions when commercial tenants are involved, as opposed to residential tenants.
Where the law permits, a landlord and tenant may agree to a different period of time for notice requirements than specified in the law. Other jurisdictions may simply require the tenant to appear in court on a specified date. A jury trial may be requested by either party, however until the late 2000s that was very uncommon. If the judge or jury sides with the tenant, the tenant remains in possession of the property, but the judge or jury may still order any past due rent to be paid, plus any fees and costs. As mentioned above, most jurisdictions do not allow a landlord to evict a tenant without legal action being taken first, even if the landlord is successful in court. The officer then posts a notice for the tenant on the property that the officer will return on a specified day to remove the tenant from the property if the tenant has not moved.
The rental property is then turned over to the landlord. The Ellis Act has been applied to rentals in San Francisco, Santa Monica and Los Angeles. Some areas have “just cause eviction” laws, which prevents evictions for reasons other than an approved list. In this jurisdiction, so far as private sector and not-for-profit sector tenancies are concerned, the relevant statutory basis for a claim for possession is Part 1 of the Housing Act 1988.
County Court, nearly always against a tenant who has breached their tenancy agreement. But serious breaches which are not seen as capable of remedy by the Court will still result in an eviction which will take effect within a few weeks. 21 Notice requires no fault on the part of the tenant in order for it to be served and acted upon, but if it is correctly served, the tenant has no defence in court. Most private sector landlords rely on the s. 21 procedure, and if only a possession order and costs are sought, there will be no Court hearing if the tenant has no defence. 21, but generally only in certain restricted cases. As a rule, private sector tenancies that began before 16 February 1989 are still subject to the Rent Act 1977.
Part 4 of the Housing Act 1985 applies. A similar procedure of pre-litigation Notices setting out the grounds on which possession is sought applies, though. Court deciding that an eviction within a few weeks is the only just remedy. Court Order is required for all but the most temporary sorts of accommodation. Once the time for giving up possession has expired under the relevant Court Order, a warrant enforced by an Enforcement Officer is usually needed to remove any remaining occupiers.