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The recipe for legally evicting a tenant contains two essential ingredients:
A valid substantive case—that is, proof that the tenant has violated a material duty under the lease without having a legal defense excusing the default; and
Proper procedures for not only eviction but also, in many cases, notification and opportunity to cure.
While the primary focus for many landlords is the first ingredient, it’s the second ingredient that determines the lion's share of cases. Consider the scenario below.
