An eviction is a process in which the law forces a tenant to leave a property that they have lost the right to inhabit. For this process to start, there has to be an eviction notice first. The eviction notice forces people to leave the property in a given time, sometimes three days.
The process of eviction, however, can be avoided, even after the eviction notice has been issued. A tenant could pay up or fix the problem. Even if you are aware of this, you would probably find this article useful for future reference. The information here is good also if you are soon to be a landlord.
So, how does an eviction process work?
Don’t think that landlords have the power to just grab the keys out of the tenant’s hands and change the locks when tenants happen to be behind in their rent payments. You most follow due process. We will more closely examine this.
Landlords can legally evict anyone but cannot do so without making the tenancy come to an end first. They would need the judgment of a court before attempting to do so in the first place. To learn more please visit the website.
The law requires landlords to give their tenants an adequate written notice, and this notice should be presented and written as state law requires. For a notice to be adequate, it should be presented in a specific format. There is also a possibility of the tenant not reacting in a way such as moving, adhering to the landlord’s conditions, or simply paying past-due rent. In this case, it is perfectly legal for a landlord to file a lawsuit to evict an errant tenant.
If the tenant refuses to move out upon receiving notice, the resulting lawsuit is often called unlawful detainer or a UD type of lawsuit. In this situation, the landlord’s best interest is to prove that the tenant did something that did not abide by the contract or lease the two parties agreed to sign. This is the only way to warrant the end of the contract and thus, the tenant’s stay in the property.
Landlords, take state regulations and requirements into account
Each state in the United States has its own laws governing how landlords evict tenants. They must follow these procedures and write the eviction notice following every mandatory detail that the state requires. It is frequent to find eviction notices that are not valid because they followed the wrong procedure or mimicked the ones from another state.
What are the types of eviction notices?
Each state may have its own nomenclature for the types of eviction notices, but the general characteristics of these are found in most states. These are the most common types of eviction notices a non-complying tenant might face:
A Pay the Rent or Quit Notice
These notices are usually issued to people that have failed to pay the rent they owe to the property owner. This notice typically encompasses a deadline during which the tenant has to pay the rent or, failing payment, leave the property. This deadline is usually no longer than five working days. The term “quit” refers to the act of getting out of the property.
A Cure or Quit Notice
This notice is typically sent to tenants who do not comply with one or more of the terms and conditions of the contract (also known as lease agreement that the owner or landlord has signed along with the tenant). There are many clauses of this agreement that the tenant could be violating; no matter the perceived importance of one or more of the clauses that the tenant is breaking, the landlord has the right to issue a notice for it.
A Non-conditional Quit Notice
This one seems to be perceived as the harsher one. It makes the tenant leave the property without any chance of fixing the situation or paying the due rent. In the majority of U.S. states, these notices are only valid if the tenant:
-Is a repeat violator of the lease they agreed on
-Has owed due rent multiple times
-Has utterly damaged the property
-Has performed illegal activity inside the property
