In most states tenants are liable to eviction under the expedited process for non-payment of rent. This is a fast track court process as distinguished from the conventional proceedings. However, before initiating any such legal action the landlord must serve the tenant at least with 7 day’s notice for making payment of the arrear rent. If the outstanding rents are still not cleared, on the expiry of the notice period the landlord can institute eviction proceedings.
In case the landlord accepts partial payment of rent before judgment, pending eviction proceedings are liable to be dismissed on that ground alone. In that event the landlord will have start eviction proceedings afresh for the remaining rent due.
Even after the judgment the defaulting tenant gets a limited grace period to make payment of the arrear rent in order to avoid eviction.
Tenants are not entitled to withhold rent to press for redress of their outstanding grievance relating to the let out unit. The proper course of action for the tenant in such a case would be deposit the rent in an escrow account with the court until the problems are sorted out, upon notice to the landlord.
Breach of conditions:
The tenant is also liable to suffer eviction in case of breach of terms and conditions of the lease or rental agreement. For instance, where subletting or keeping pets is prohibited, the tenant is obliged to honor or respect such negative covenants, failing which he is liable to eviction.
Health and safety issues:
Any tenant who poses to be a health hazard or damages the building is liable to be evicted under the expedited mode. Even after the tenant has corrected the situation, the landlord can proceed against him for eviction under the conventional mode instead of the fast track method.
Bankruptcy:
On the initiation of bankruptcy proceedings against a tenant, eviction proceedings against him stand automatically stayed but such action for eviction can be continued with the leave of the bankruptcy court. Though bankruptcy proceedings are likely to end with the partial or full waiver of arrears of rent due from the bankrupt tenant, yet even such tenant would become liable to eviction for further and new rents falling due.
