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eviction

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A quick definition of eviction:

Eviction is when a landlord makes a tenant leave the place they are renting. This can happen if the tenant doesn't pay rent, breaks the rules in their lease, or if their lease is up and the landlord doesn't want to renew it. The landlord has to follow certain rules and give the tenant notice before they can evict them. Evictions can be very stressful and expensive for both the tenant and the landlord.

A more thorough explanation:

Eviction is the process used by landlords to legally remove tenants from leased real property when they do not want to leave. This process is difficult, painful, and expensive for both parties involved.

Eviction is governed by six basic types of rules: state law, local law, leases, federal law, the common law, and court rules. Most states regulate residential renting, including the eviction process. Many base their laws on the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Cities, counties, and other local governments often supplement these regulations. Landlords and tenants may further regulate evictions through lease terms. For example, leases might specify the form and timing of eviction notices. Lease provisions may overrule some common law rules but may not conflict with official regulations.

Landlords may legally evict tenants for one of three basic reasons. First, for not paying rent. Second, for other, non-trivial violations of lease agreements. Finally, landlords may evict tenants whose lease expired. Landlords have no general duty to allow tenants to renew their lease, and may choose not to renew for any reason, or even no reason at all. They may not, however, evict tenants or refuse to renew tenants' leases for improper reasons, as defined by statute.

For example, a landlord could evict a tenant for having a dog in violation of a "no pets'' clause in their lease. The landlord could not, however, evict a tenant because a cat dashed into a "no pets” apartment while the door was open, and the tenant immediately removed the cat. Similarly, a landlord can choose not to renew a lease simply because he does not like a tenant, but he may not refuse to renew a tenant's lease because she is an African-American.

Landlords may not evict a tenant for improper reasons, as defined by statute. At a minimum, landlords may not evict tenants in retaliation for reporting housing code violations, or because the tenant sued the landlord for discriminatory renting practices. Some states prohibit evictions in retaliation of any tenant report of landlord misconduct. When evaluating tenants' improper eviction claims, courts usually use a mixed-motive instruction.

Landlords must give tenants a Notice to Quit before evicting them. At a minimum, this notice must tell the tenant why the landlord wants to evict them and what they can do to avoid eviction. The precise timing and form of the notice varies by jurisdiction. For example, some jurisdictions allow landlords to deliver eviction notices by posting them on tenants' doors. Others do not. In most states, tenants being evicted for not paying rent may avoid eviction by paying all back rent.

In most jurisdictions, after giving tenants notice of eviction, landlords must wait several days before taking additional action. If, after this time has passed, tenants have not worked things out with the landlord or agreed to leave voluntarily, the landlord cannot simply physically remove them. Instead, the landlord must get a court order. Because the normal civil court system is notoriously backlogged, most jurisdictions have a special summary process in their housing courts. This process is only used for eviction cases and is designed to resolve conflicts in days or weeks, not months. In complicated cases, most housing courts try to simply deal with eviction issues via summary process, and use normal procedures for other issues.

Sometimes, even though a landlord has a court order instructing a tenant to leave, the tenant still refuses to leave. In these cases, the landlord must hire a law enforcement officer to assist in removing the tenant.

Evictions have significant human and financial costs. The process is very stressful for tenants, who must find a new place to live while juggling jobs, children, and other obligations. Housing law is complicated, and many tenants do not fully understand their rights and duties, cannot afford to take the time to educate themselves, and cannot afford an attorney. As a result, the people with the greatest need for regulatory protection often cannot access it, putting them at increased risk of abuse and exploitation by malicious landlords. Many cities have legal aid groups that specialize in eviction cases.

For landlords, evictions are frustrating, expensive, and sometimes dangerous. Landlords may have to pay court fees, hire a process server, hire an attorney, and hire a Marshall or law enforcement officer to actually evict the tenant. The process can take weeks or months to complete, during which landlords are rarely able to collect rent from the tenant they are evicting. Many landlords are not completely familiar with housing laws, and innocent procedural mistakes can delay evictions by weeks or longer. Even if landlords win suits against tenants who did not pay rent, the tenants are usually judgment-proof. Finally, evictions sometimes lead to violent confrontations between landlords and tenants.

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16:14
Justice as Fairness!
16:14
also wow I didn’t consider that about immigration policy. hmmm
16:17
@Law-Guy: you get it
16:19
@baddestbunny: oh yeah definitly. Idk how any system of government would work if you can't distribute social goods to everyone.
MildChiller
16:33
does anyone know if the Yale webinars are cameras on?
1a2b3c4d26z
16:35
Justice as deez!
17:49
Quentin Tarantino is interested in watching somebody’s ear getting cut off; David Lynch is interested in the ear.
18:03
Quentin Tarantino can't resist putting a gay scene with a black guy participating in the gay act in his movies.
18:05
David Lynch is just gay.
18:18
Lynch is more in touch with his unconscious/dream state than the average person
18:42
Probably. I just dont know. All I know is he did a good job with Dune.
18:45
You should watch Blue Velvet
18:46
How’s your LSAT studying been going?
18:49
It is good. I have about two more weeks and I broke the 90 level on LSAT Demon which is good last night. My goal is 95 so I can probably get it before I test. It is scaled our of 100. This is for LR. My RC is below that but I know the more I get better at MBT questions the better my RC becomes.
18:50
I watched the trailer for that movie. The run time is 2 hours. May watch it on 2x the speed. Just watched se7en and thats like as graphic as I get so I kinda need a break from weird bodyhorror stuff. The sloth guy in that movie scared me.
18:51
I do like psychological horror though.
18:53
Oh jesus don’t watch the movie at all if you’re gonna watch it on 2x speed
18:54
I have never used lsat demon; how do their levels relate to actual lsat scoring?
18:56
kinda go in 20 point intervals. 20 points if you have mastered lvl 1 difficulty questions, 100 points if you have mastered lvl 5.
18:56
Getting 100 points is incredibly difficult though. anything baout 95 is pushing the 175-180 range. 90-95 is like 170-174 or so. etc.
18:56
yeah but if you’re getting a 95 on all sections what LSAT score is that? how is that calculated?
18:56
oh okay
18:57
so 100 would be a 180?
18:57
Yeah, 100 is like you would get a 180 and there's nothing more to teach you. I have only seen someone with a 100 like 2/3 times.
18:57
are you taking practice tests that are being scored though?
18:57
or just drills
18:57
Yep, they get factored into it.
18:58
I do drilling essentially every day. A timed section every 3, and a test every 2 weeks.
1a2b3c4d26z
20:06
re: WashU's URM lsat differential - fair to chalk that up to LSAT redaction weirdness messing w the scale or are they generally starved for URMs
1a2b3c4d26z
20:07
And an (albeit negligible) inverse URM GPA differential
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