Grounds for Eviction

Tenants with a lease cannot be evicted unless:

• your lease has expired
• you are not paying your rent
• you are in violation of your lease, and the lease states that such violations may be cause for eviction
• you use the apartment for certain illegal purposes

Nonpayment of rent and cure
If you are being evicted for nonpayment of rent, the complaint will also give a date when your answer is due in court. In order to stop the eviction and "cure," you must pay all the rent owed plus interest, and your landlord's costs of filing an eviction case, on or before the answer date. Note: If you cure prior to the date that your landlord files the eviction case in court, there should be no court costs. Court costs are usually $140-$180, depending on the court.

If you cure within this time, make sure that you get a dated, written receipt from your landlord, along with an agreement that she will dismiss the case. If you pay by mail make sure that you send it certified -- with return receipt requested -- and never mail cash. You still need to go to court on the scheduled date and bring the receipt or agreement to dismiss so that the court can write up a judgment.

Tenants at will
If you are a tenant at will, the landlord does not need any reason to evict you. However, the landlord must send you a proper notice to quit. You have ten days from the day you receive the notice to "cure" or pay up. If the landlord notice does not inform you about the ten-day cure period, then you have the right to pay up on or before the answer date. You only have the opportunity to "cure" if this is the first time you have received a notice to quit for nonpayment of rent within the last twelve months. If this is not your first time in the past twelve months, then you do not have a right to cure.