Question

Horatio lives in Lakeview Heights apartments and is several months behind on his rent. Lakeview warns Horatio that he will be evicted, but he still does not pay his rent. Lakeview then evicts Horatio from his apartment but does not follow the state's eviction laws. Lakeview's actions: Are legal because Horatio was warned of an impeding eviction Are a violation of the Fifth Amendment Are legal because Horatio does not actually own the apartment. Are a violation of procedural due process because Horatio was not given a hearing.

Answer 1

Ans: The action of the Lakeview on evicting Horatio from his apartment for being late on rent are a violation of procedural due process because Horatio was not given a hearing. If you have repeatedly failed to pay rent on time, and especially if you have received a previous Pay Rent or Quit notice,  the landlord can start the eviction process. A landlord can evict a tenant only by going through a formal eviction proceeding, which can take a few weeks from start to finish. As Horatio was not given termination notice. if the landlord’s service of process is deficient, the tenant may be able to extend the process. No, a landlord cannot just kick you out. They need to follow the formal eviction process provided in your state.