The eviction process is tricky, to say the least!
Yes you are the landlord, but you can’t just tell someone to leave the home on so and so date. Law mandates a procedure that must be followed and one wrong step can cost you a delay of another month or so until the eviction really happens. Notices have to be given, fair housing components that must be recognized and the timing for all application and notices has to be just right.
If it sounds like a difficult job, trust us, it is! But you can rely on a rental management company to handle the paper work for you. These rental property management companies take care of all the administrative issues related to eviction, represent the landlord at eviction hearings and do everything required to process the move-out in an efficient manner.
Serve That Notice!
The first step is to legally terminate the tenancy. This means that you will have to serve your tenants with a written legal notice to get their act together or move-out by the given date. You may want them to pay up the rent, stop abusing the furnishings or relocate their dog. If there isn’t a reform in the tenant’s behavior, you are free to file for an eviction lawsuit, finally.
Each state has a very detailed set of requirements that lead to the end of a tenancy. There are also different procedures for how notices and eviction papers must be written and delivered. But these are the different types of termination notices; each is given in a different type of situation. The terminology may vary from state to state but these types are applicable all over the country.
1. Pay Rent or Quit: As evident from the title, these types of notices are usually used when the tenant is behind on their rent payments. The notice details the time the tenant has to pay u, this can be up to 5 days depending on where you are. If payment isn’t made by then, they have to quit or move out.
2. Cure or Quit: These are sent after a tenant transgresses a term or condition of the rental agreement. For example they violate the no-pets clause or the demand to refrain from making too much noise. The tenant gets an amount of time in which to cure this violation or they need to leave. In case they don’t leave, the eviction lawsuits come into full swing.
3. Unconditional Quit Notices: These are made to hit the tenant pretty hard. Use these notices when there is nothing you want the tenant to do except leave. But most states allow unconditional quit notices only when the renter has:
• frequently desecrated a lease or rental agreement clause,
• forgotten to pay the rent on time way too many times,
• caused serious damage to the premises and its furnishings,
• Partaken in illegal activity, while on your property.
These Rules Were made To Be Followed!
Landlords usually don’t like the inordinately huge number of rules that must be followed before an eviction takes place. But there are reasons that states mandate strict compliance with these laws. The first major reason is your reputation as a good landlord. When you let the law run its course, all facts become clear and your reputation is ensured.
Secondly, a tenant’s home is at stake here. They might have to uproot their families and face stress while also experiencing financial difficulties. Therefore, legislators carefully see to it that the tenant gets satisfactory notice period as well as the opportunity to respond.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.