Does your landlord have to take you to court to evict you?
It depends on which state you live in but normally no if your lease has expired. If you are on a month to month lease and you have provided notice that you were leaving or you landlord notified you that he or she does not wish to renew the lease than the tenant must leggaly leave or be charged for additional rent, damages, or late fees.
In order to legally evict a tenant, a landlord must follow specific procedures. Get permission from a court to legally take possession of your apartment. Evictions are not easy and can be expensive if a landlord fails to follow the law and a tenant knows and enforces her rights.1 If you familiarize yourself with the steps in the eviction process and are persistent, you may be able to achieve certain goals, such as staying in your apartment longer or being awarded money for the landlord's violations of the law.
A tenancy under a lease generally lasts until the end date stated in the lease. If your lease says that your landlord can evict without going to court, this part of your lease is illegal. Also, if you have a lease, a landlord cannot increase your rent during the lease period and then evict you for not paying the amount of the increase.
Your rent is locked in for the entire term of your lease (unless the lease has a valid "tax escalator" clause, which allows your landlord to increase your rent in certain limited situations). For more about tax escalator clauses, see Chapter 5: Rents . If you do not have a lease and are a tenant at will, a landlord does not have to state any reason for wanting to evict you.
She must, however, send you a proper notice to quit to terminate your tenancy.3 See the section in this chapter called Receiving Proper Notice. To figure out whether you are a tenant at will, see Chapter 4: What Kind of Tenancy Do You Have.
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