Once the landlord finds another tenant, or the original lease expires, the tenant's duty to pay expires. If the lease period expires and the landlord has found a new tenant, but the present tenant refuses to leave the premises, the landlord may sue the present tenant for damages if the landlord could be charging the new tenant more rent. The landlord may also have the tenant evicted by filing suit in court. Such a suit is called a wrongful or unlawful detainer. Unlawful detainers are governed by statute and may be based on damage to the property, nonpayment of rent, or unforeseen changes in the economic conditions of the landlord.
All states provide for unlawful detainer hearings.
These proceedings help landlords avoid financial loss. Depending on the statute, a court will schedule an unlawful detainer hearing from one to three weeks after the landlord files suit. In most states the hearing is limited to issues concerning the tenant's and landlord's rights and duties. The majority of states prohibit landlords from removing a tenant's personal property from the premises until after the court orders an eviction. A tenant may avoid eviction for nonpayment of rent by paying the past due rent along with any filing costs incurred by the landlord.