Eviction: What All Landlords Should Know

May 26, 2011

When you want to pull out a tenant off your property, you do it in the process of eviction. The reason varies but in most cases, it’s the nonpayment of rental dues or violation of the previously agreed conditions. And since evicting a tenant is a legal process, never attempt to change the tenant’s door locks or you are asking yourself a trouble. Of course, it’s your property, but you can’t simply do that because of existing tenancy laws. The best course is to consult an eviction attorney, as to how the process is properly carried out in your state.

The eviction process usually starts by sending out a written notice of the alleged violation of the tenant. In this letter, specify what needs to be done to avoid the filing of a lawsuit. You can be as badass as you can, though we find no reason for you to do that, but even so, below are a couple of examples how written notice might be served.

Unconditional Quit Notice

This one tops on our list because we consider it as the most extreme notice a landlord could make. Basically, it tells the tenant to vacate the premises without compelling them to mend the mistakes. This type of notice is often used especially for repeated violations such as damaged to property or illegal activities such as drugs.

Cure or Quit Notice

As the name implies, it gives the tenant a specific period of time to “cure” the violations, otherwise, the “quit” portion applies. This type of notice is often used to stop the subject from being too excessively noisy, unauthorized visitors or roommates, and to simply remove a pet, which isn’t allowed to be admitted in the first place.

Pay or Quit Notice

This type of notice is served for a tenant who habitually delays rental payment, otherwise, the “quit” portion applies. In most states, this means an additional 3 to 5 days for the tenant to settle the issue.

30-Day or 60-Day Notice to Vacate

Primarily used to forcibly evict a tenant by terminating the lease contract. Again, the number of days varies from each state.

Rent Control Eviction Exceptions

Laws enacted to protect the tenants against indiscriminate and illegitimate evictions. Landlords are compelled to produce legitimate reasons for the said eviction.

Eviction Lawsuit

After serving written notice about the tenant’s violation and yet he continues to do so, filing an eviction lawsuit is your last option. A legal summons is served to resolve the issue.

Once you have a positive ruling, the court will indicate the specific date when the tenant should leave the property. If the tenant refuses to leave on that day, request assistance from your local law enforcement and never attempt to oust him yourself.

Search was good. Thanks! sample of eviction notice letter for a messy tenant

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