Landlord/Tenant Relationship

A landlord is the owner of piece of real property (also called "rental property"), who leases it to another person. The landlord is also referred to as the "lessor" of rental property. The landlord let’s a tenant use and occupy his/her rental property in exchange for the monthly payment of rent. A tenant, on the other hand is a person who has the right to use and occupy rental property in accordance with a rental agreement or lease. The tenant is also referred to as the "lessee" of rental property. The tenant may use and occupy the rental property as long as he/she complies with the terms and conditions of the rental agreement, including, but not limited to, the payment of rent. As with any contract, the rental agreement should be in writing to avoid misunderstandings and should contain all of the terms agreed to by the parties. The ultimate responsibility of a tenant is to pay the rent on time. Must be paid on the ninth day after the day it is due or the landlord may start legal proceedings to evict the tenant.

Here is the overview of the eviction process: First, the landlord must actually end the tenancy by handing over to the tenant a “Notice to Quit”. This notice must be given first before filing an eviction case. After the “Notice to Quit” time has expired the landlord then completes the Summons and Complaint for “Unlawful Detainer” (eviction). The complaint is filed in the district court. The Summons and Complaint must be served on the tenant by a constable or deputy sheriff. After being served with the Summons and Complaint, the tenant must file with the court an “Answer” within the time listed in the Summons. You may wish to contact a lawyer in order to answer the summons. If you do not answer the summons, you will lose the right to explain your version of events, and a judge may issue a default judgment in favor of the landlord. To sum it all up, an eviction of a tenant is based on non payment of rent, lapse of time or expiration of lease, and nuisance.