Legal Definitions - summary eviction

Summary eviction refers to a legal process that allows a landlord to quickly regain possession of their rental property from a tenant. This procedure is designed to be more expedited than a standard civil lawsuit, typically used when there are clear grounds for eviction, such as a tenant's failure to pay rent or a significant breach of the lease agreement. While faster, it still requires the landlord to follow specific legal steps, including providing proper notice to the tenant and obtaining a court order.

Here are some examples to illustrate how summary eviction works:

• Example 1: Non-Payment of Rent

  Imagine a tenant, Mr. Harrison, who has consistently failed to pay his monthly rent for two consecutive months. His landlord, Ms. Chen, has sent him multiple notices to pay the overdue rent or vacate the premises, as required by law. When Mr. Harrison still doesn't pay, Ms. Chen can initiate a summary eviction proceeding in court. This allows her to present evidence of the unpaid rent and the notices given, and the court will hear the case on an accelerated timeline to determine if she can legally regain possession of her property.

• Example 2: Lease Violation

  Consider a situation where a lease agreement explicitly states "no pets allowed." However, the tenant, Ms. Rodriguez, brings a large dog into her apartment, which frequently barks loudly and causes disturbances to other residents. After receiving several warnings from the landlord, Mr. Davies, Ms. Rodriguez refuses to remove the dog. Mr. Davies can then pursue a summary eviction. He would argue that Ms. Rodriguez has materially breached the terms of her lease, and the expedited process allows the court to quickly address the violation and decide on the landlord's right to repossess the property.

• Example 3: Holding Over After Lease Expiration

  Suppose a tenant, the Miller family, had a one-year lease that expired on June 30th. Their landlord, Green Properties, informed them well in advance that the lease would not be renewed and they needed to vacate by the expiration date. Despite this, the Miller family remains in the property on July 5th, refusing to move out. Green Properties can file for a summary eviction to quickly remove the "holdover" tenants. This process is used because the tenants no longer have a legal right to occupy the premises, and the landlord needs an efficient way to regain control of their property.