The examples and perspective in this article deal primarily with North America and do not represent a worldwide view of the subject. (December 2010) (Learn how and when to remove this template message)
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage).
The legal aspects, procedures, and provisions for eviction, by whatever name, vary even between countries or states with similar legal structures.
The eviction processEdit
Lawsuit and trialEdit
Depending on the jurisdiction, the tenant may be required to submit a written response by a specified date, after which time another date is set for the trial. Other jurisdictions may simply require the tenant to appear in court on a specified date. Eviction cases are often expedited since the issue is time-sensitive (the landlord loses rental income while the tenant remains in possession). A jury trial may be requested by either party, however until the late 2000s that was very uncommon.
Removal from the propertyEdit
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.
Instead, the landlord would have to obtain a writ of possession from the court and present it to the appropriate law enforcement officer. The officer then posts a notice for the tenant on the property that the officer will remove the tenant and any other people on the property, though some jurisdictions will not enforce the writ if, on that day, inclement weather is taking place.
As gentrification and the re-population of urban centers by wealthier residents takes place, no-fault evictions are used as a tool to displace tenants in cities with rent control. In California, for example, the Ellis Act allows eviction of rent-controlled tenants if the landlord intends to no longer rent any portion of an apartment building (i.e., landlords cannot be compelled to rent). The Ellis Act has been applied to rentals in San Francisco, 
Some areas have "just cause eviction" laws, which prevents evictions for reasons other than an approved list. For example, the law in Seattle, Washington requires a court order (and in some cases relocation assistance) and allows evictions for:
- Failure to pay rent or late payments after written warning more than four times per year
- The tenant has failed to correct a violation of the lease or laws concerning public nuisance, sanitation, unlawful business, or habitually causes warnings to be issued with corrections made
- The owner's family is moving into the unit, and no adequate other units are available
- The sale of a single-family home
- Tenant-employees who are no longer employees
- Renovation, demolition, or conversion to non-residential use
- Violation of a legal requirement, such as building suitability or number of occupants
- Tenants who live with the owner
- If drug or health and safety-related crimes are committed (by the tenant or with the tenant's consent) on the property, street, or neighboring properties
- Failure to pay rent
- Violation of the terms of the lease agreement by the tenant
- Excessive damage caused to the rental property by the tenant or persons under the tenant's control
In the United States of America, rules for evictions and the eviction process are ruled by each state, local county, and city rules.
- Aron, Hillel (2014-12-10). "How "Superman of Renters" Daniel Bramzon Revolutionized L.A.'s Eviction-Defense Industry". L.A. Weekly. Retrieved 2016-10-07.
- "Eviction". Texas Tenant Advisor. Austin, Texas: Texas Low Income Housing Information Service. Retrieved 2019-02-27.
If it is raining, sleeting, or snowing you cannot be removed.
- "Ellis Act Evictions, San Francisco". Anti-Eviction Mapping Project. San Francisco, California. Retrieved 2019-02-27.
- "2015 Promises to Be a Battleground Year for Ellis Act Evictions". The Bold Italic. A Medium Corporation. 22 January 2015. Retrieved 4 April 2018.
- "Seattle Municipal Code, section 22.206.160 - Duties of owners". Municipal Code Corporation. Retrieved 2019-02-27.
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