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As a landlord, you may need to evict a tenant for one
reason or another. Generally considered the first step in the process, an
Eviction Notice tells tenants to vacate the property. Using an Eviction Notice
helps ensure that the process goes smoothly so that both you and your tenants
can move on, while also establishing a record of your eviction attempts in case
you need to pursue further legal action.
Use an Eviction Notice if:
You're a landlord, and you want to terminate the
tenancy and remove the current tenant(s) from your property.
You own or manage a rental property, and want your
tenants to either remedy their violation of a lease provision, or move out.
Other names for an Eviction Notice:
Notice to Vacate Letter, Notice to Quit, Eviction
Notice Letter, Rental eviction Notice, Notice to Vacate (the) Premises
Before reading any further, there’s something that
must be stressed up front: you
cannot evict a tenant without a court order. An Eviction
Notice is a part of the process, but you can’t simply pin one to the door and
demand your tenant vacates. It just doesn’t work that way.
Although laws do vary state by state, you’ll need a
proper reason to evict a tenant. Commonly, that reason is failure to pay rent.
But evictions can also be caused by excessive lateness with rent, damage to
property, or breaking the lease, perhaps by adopting a pet, having extra people
stay in the property, making noise at all hours, or failing to maintain any
other provision of your Rental Agreement.
Keep in mind, if you have a good tenant with a problem
you can deal with, consider mediation. Eviction can be time consuming and
costly and should be embarked upon as a last resort.
Serving an Eviction Notice:
An Eviction Notice is generally the first step of the
eviction process. In your notice, you’ll want to include the reason you’re
evicting the tenant (such as failure to pay rent for several months) and
whether the tenant can remedy the offense. If you appear flexible, the courts
may look more kindly on your claim during the process. Often, tenants are given
30 days to fix the issue, at which point you can call off the eviction.
If your tenant doesn’t remedy the situation, your
Eviction Notice is the first step. Although it varies depending on where you
live, you’ll eventually end up in court. A judge will decide if you have a
claim and the tenant will be given a finite period of time to vacate the
property. In California, for example, this is generally 5 days after the
judge’s ruling.
If you have a problem roommate or family member who
won’t leave after you’ve asked, in most states, you’ll need to go through the
eviction process. Typically, roommates are evicted because they’ve not paid
rent, but if they’ve broken another part of the lease, you can ask they leave
as well. Going through the eviction process with a roommate helps solidify
that, even though the lease was perhaps broken, if wasn’t your fault.
The importance of a Real Estate Attorney:
Eviction Notices and the eviction process can be
tricky. They’re not only different in every state, but often in every county.
If you’re thinking about evicting a tenant, it’s strongly recommended you
consult with an attorney. Eviction takes time and it takes follow through. If
it goes wrong, you can be stuck with a bad tenant for a long time. So talk with
an experienced lawyer before you serve your notice. You’ll save yourself a lot
of grief.
Other documents for landlords and property managers:
Here are some documents you may need, either to
finalize your eviction notice or, once you have an empty property, to fill it
back up.
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