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What must a landlord in Jackson do to evict a tenant?

| Nov 4, 2018 | Real Estate |

Sometimes, a tenant violates their lease with the landlord, forcing the landlord to take legal action. Madison County is subject to the Uniform Residential Landlord and Tenant Act. This act lays out the process landlords in Jackson must follow to evict a tenant.

First, it’s important to note that self-eviction is unlawful. Under the URLTA, landlords must provide tenants with a 30-day notice of eviction stating what the tenant did that violated the lease, along with the applicable lease provisions. It must also notify the tenant that they have 14 days to remedy the violation. The eviction notice must also state that if the violation is not corrected within 14 days, once 30 days have passed, the lease will be cancelled and the landlord will start the eviction process. There are exceptions to the 30-day rule for repeat violations, substantial damage or threats or acts of violence.

The landlord must personally serve notice of the eviction. If the tenant does not remedy the violation or leave the rental premises, the landlord must obtain a Detainer Warrant from the Circuit Court or the General Sessions Court. There are service requirements for a Detainer Warrant, and it must lay out the date and time of the eviction hearing, which must be at least six days after the tenant is served.

At the eviction hearing, the landlord bears the burden of proving that the lease was violated and that the tenant was given proper notice of the violation. The landlord can provide the judge with evidence in their favor at the hearing.

If the landlord is granted possession of the rental premises by the judge, the tenant has 10 days to leave. If the tenant fails to do so, the landlord can seek a Writ of Possession in which the sheriff will oversee the removal by the landlord of the tenant’s property out of the rental unit after 10 weekdays have passed. The tenant need not be notified that their property will be removed from the premises under a Writ of Possession.

This general overview of the eviction process may be helpful for landlords in Jackson, but it should not be taken as legal advice. Since every tenant’s situation is unique, tenants in need of more information on eviction or other landlord and tenant issues may want to seek professional guidance from an attorney.