The Truth About Eviction: Five Myths Explained

Litigation lawyers help clients with a range of issues including intellectual property disputes, landlord-tenant issues, and medical malpractice issues. If you are thinking about evicting someone or if your landlord is trying to evict you, a litigation lawyer can help you unearth the truth about evictions. Unfortunately, there are many myths that circulate about evictions. Here is a look at those myths and the truth behind them:

Myth: A landlord can simply demand that a tenant has to vacate the premises.

A landlord can choose to evict a tenant for a number of different reasons. However, the landlord must give the tenant a chance to rectify the situation. The landlord must give the tenant a written notice detailing the reason for the eviction, and the landlord must give the tenant a time frame to become compliant with the issue at hand.

Myth: There must always be an eviction hearing.

In most cases, there is an eviction hearing. However, if the tenants tell the landlord that they are leaving or if the tenants have failed to comply with the terms of a mediation agreement, the landlord can file the eviction without a hearing. If the tenants pay the owed rent before the landlord files the eviction, a hearing will also be avoided.

Myth: A tenant can be evicted for getting a pet if they have a no-pets rule on their lease.

In spite of what the lease says, a landlord cannot evict a tenant if they get a pet. However, if the pet is making noise or causing damage, the landlord can seek an eviction. Landlords can also evict tenants for having animals that are considered to be dangerous. The definition of a dangerous dog can be based on its breed. For example, Ontario bans pit bulls. It can also be based on the dog’s previous behavior or history of violence.

Myth: All evictions are because the tenant has done something wrong.

Many evictions are in response to the tenant breaking the lease or not paying the rent. However, not all evictions are based on the tenant doing something wrong. Landlords can evict tenants at the end of their leases for a range of reasons including renovations, renting the unit out to an immediate family member, or selling the property.

Myth: Evictions are easy to handle on your own.

Regardless of which side of the issue you are on, evictions are hard to handle. If you are a tenant facing an eviction or a landlord who needs to evict a tenant, contact a civil litigation attorney, such as the Mario J. Lanteigne Law Firm. An attorney can guide you through the process and make sure that your rights are protected.

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