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Eviction notices and the full process usually depend greatly on the state due to the process favoring either the tenant or the landlord in the location. However, when a tenant has either not paid rent for long enough or has caused another complication, it is vital that the landlord follows the correct process to ensure the person renting is removed legally.
There are numerous types of notices for eviction of tenants, and these are dependent on the state regulations and rules regarding these situations. Based on the laws of the location, the landlord may need to adhere to a seven-day, ten-day or similar stances before the tenant may be removed from the premises. Additionally, if the law is on the side of a renter, the landlord may be pressed into contacting both local authorities and a lawyer to assess the circumstances of the leaseholder or renter after giving sufficient 24 to 48 hours of prior notice to check the unit.
The usual situation that a landlord feels requires an eviction is from nonpayment of rent. However, if the owner of the building or the person acting as building manager has contacted the landlord about potential damage to the unit, he or she may start the process to remove the tenant and examine the apartment or property after providing the necessary notice of a walkthrough. The need for local police is to ensure documentation of any complications, and a lawyer should be present to reduce or eliminate litigation against the landlord by the tenant. When there has been damage to the unit, the landlord is usually within his or her rights to evict those living within based on a breach of lease or renter’s agreement or based on certain clauses of these documents.
The Cause for an Eviction Notice
When a landlord has cause to draft an eviction notice, it is usually because the tenant has accomplished something wrong or in contradiction of lease terms. This generally entails rental payments not received for at least one month, but some landlords may permit multiple late payments or up to three months of no payments before eviction processes are started. Typically, these terms are set by state law. Violations to the lease agreement are the second type of notice for cause, and these are mailed in ordinary circumstances. If the tenant is able to cure the problem, he or she may remain within the unit.
Unconditional quit notices are the last of three and are often the worst received by the tenant. A pattern established by late payments, refusal of paying rent, grievous damages to the unit and illegal activity discovered on or in the apartment or on the property are the reason for these typically. These circumstances generally end on bad terms for at least one party, and the tenant may face the authorities either for removal from the property or when illegal actions are taken. The type of notice received usually depends on the state and the situation.
No Cause for Eviction, But a Notice Given
When a landlord wants to break a lease or remove a tenant for selfish or unwarranted reasons, he or she may draft and issue an eviction notice. However, those without cause could be illegal and may land the landlord in trouble with the authorities or with civil litigation. When the law is on the side of the landlord, owner or manager, an eviction notice usually requires 30 to 60 days’ notice to vacate. However, if the apartment or unit is rent controlled or in a location where the tenant has more rights, the landlord is often required to give a justified reason to evict. Without cause is usually prohibited in these circumstances.
Tenant Defenses
A possible defense against the eviction is that the information supplied was not sufficient as per the laws of the state. The serving of the notice was not proper, legal or justified. If the case goes before a judge, the tenant may defend himself or herself through demonstrating with evidence that the landlord was in the wrong in some manner, and this may shift the focus of the proceedings.
Legal Matters with Eviction Notices
For a landlord to legally evict a tenant, it is vital to pay attention to state laws, adhere to the lease terms and conditions and have a lawyer to assist in backing the document. Going to court for these matters could lead to the landlord facing paying out damages and losing the eviction case.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.