If you are a landlord, you cannot start eviction without terminating first the tenancy. Meaning, you have to give a written notice to the tenant as told in the termination statute of the state. Once the tenant does not move out and not pay the rent, as a landlord, you can file an eviction. Landlord eviction rights seem to be daunting but with enough knowledge, everything runs smoothly.
The laws of the state set out a detailed requirements how to end the tenancy. There are various termination notices for various situations. Every state has procedures on how to terminate and it is important that eviction papers must be prepared and delivered to the particular tenant or served.
Termination Notices With A Cause
Even though the terminology varies on every state, there are 3 kinds of termination notices intended for tenancies that landlords must do because of misbehavior.
1. Quit or Pay Rent Notice
If the tenant does not pay the rent, then quit or pay rent notice is served. The tenant is given several days mostly 3 to 5 days in order to pay for the owed rent or the tenant can move out.
2. Cure Notice
The cure notice is given once the tenant does not follow the terms and condition of the rental agreement. Mostly, rental agreement includes, no pets allowed and refrain from making noise. The tenant has also given enough time to cure or correct the said violation. However, if the tenant failed to follow, he/she have to face the eviction lawsuit from the landlord.
3. Unconditional Quit Notice
This notice can be the hardest of all. The landlord ordered the tenant to leave the place without giving a chance to pay the rent or perhaps correct the rental agreement or lease violation. In the United States, the unconditional quit notice is only allowed if:
- the lease or rental violation is often repeated.
- late with the payment in many occasions.
- the premises are seriously damaged.
- if the tenant is engaged in many illegal activities like drugs.
However, in several states, most landlords use the unconditional quit notice for disobedience that could pay, cure, or quit notices in any other tenant-friendly states. However, landlords can give second chances but the law won’t permit so.
After receiving the notice, some tenants will not move out or pay the lease or sort out the violation. If you are a landlord, and want that your tenant will leave, start with an illegal detainee lawsuit through serving your tenants with eviction complaint and summons.
Termination Notices Without A Cause
Landlords often use thirty days or perhaps sixty days notice to move out or vacate the premises if the tenants have not done any violations. However, many cities in the United States do not permit this to happen. The law requires landlords to prove it legally if eviction is necessary.
- Defense of Tenants
A tenant can mount the defense but it takes weeks or even months for the process to take place. The tenant can complain for the eviction and can also stop eviction. If the premises are not conducive to live or perhaps the tenant believes that the landlord is only retaliating, this is not an excuse to prove the tenant’s wrongdoings, and can lessen the chance for a victory.
- Tenant Removal
However, winning in the illegal detainer lawsuit can give you judgment regarding the property possession and for the unpaid rent. But it is very hard to move out the tenant and put things on the sidewalk. Removing a tenant by yourself, is a big trouble and tenant eviction is difficult to deal. In most states, landlords must have to follow notification and storage procedures.
Understanding the landlord eviction rights can lessen the burden of the landlord.