What is an expedited eviction?
An eviction is the legal process of restoring possession of the rental premises to the landlord after properly terminating a tenancy. The legal proceedings can be quite lengthy, taking weeks or even months to formally complete the process in order to allow the tenant his right to due process. Each state has its own procedures for termination notices and eviction procedures.
Typically a landlord will terminate a tenancy for nonpayment of rents or a violation of lease terms and conditions. A tenant may violate his lease by allowing or participating in illegal activities such as drug dealing or other nuisance behaviors on or near the rental premises.
In some states, a landlord is required to take eviction action to remove the tenant from the rental property when there is known illegal activity. Landlords failing to take required action face the risk of their rental business being shut down or confiscated by authorities.
A landlord may not have to wait until a tenant is arrested or convicted of a crime to start eviction action. In some states a landlord may take action on a reasonable suspicion that criminal activity has taken place that involves the tenant or the tenant’s guests. Landlords in other states may not begin eviction action unless there has been a criminal conviction for criminal acts on the rental property.
Evictions based on criminal activity can be expedited evictions because in many court systems of many states they can be processed more quickly through the court system than a standard eviction. An Unconditional Quit Notice may be served upon the tenant that provides no opportunity to cure the lease violation. The lease is terminated effective immediately and the tenant must vacate the premises per statutory notice. The landlord must take every measure to ensure the safety of his other tenants and to protect his property. Should the tenant fail to vacate the premises the landlord files for eviction with the court and the court’s legal process is usually conducted within a short period of time.
As examples:
In Missouri, landlords are allowed to file for expedited eviction proceedings in certain circumstances, including drug-related criminal activity occurring on or within the property leased to the tenant. This includes a drug related activity by the guest of the tenant, a member of the tenant’s household, or the tenant himself.
In Florida, eviction laws allow landlords to terminate a lease agreement with 7 days’ notice under an expedited eviction process. The tenant is not given an opportunity to cure if the tenant has committed serious lease violations such as nuisance behaviors.
Under Massachusetts Nuisance Law, landlords can generally waive notice requirements if certain criminal activities such as illegally keeping, selling, or manufacturing controlled substances are taking place on rental property. Landlords may proceed to filing a summary process case with the courts.