An Eviction Process Overview

It is important for landlords to know that they cannot begin eviction proceedings, unless and until, they have first legally terminated the tenancy. What this means is, first, the tenant must be given a written notice, as specified in state termination statutes. If, a tenant refuses to vacate the premises, or change his / her attitude, for example, by paying up rent, or moving the pet to a new home, then this gives a landlord the opportunity to file an eviction lawsuit, which also goes under its technical name of unlawful detainer.

A careful scrutiny of state laws shows how they have set out very detailed requirements to end unwanted tenancies. According to them, different kinds of termination notices are required for different situations, each state having its own procedures on the phrasing and servicing i.e. delivery of termination notices and eviction papers.

Termination Notice

While, terminology may vary from state to state, basically, there are three types of tenancy termination notices that landlords can issue to misbehaving tenants.

• Typically, when a tenant has not paid rent, Pay Rent or Quit Notices are used. These notices give a tenant a few days (3-5-days in most states) to pay the rent or vacate (quit) the premises.
• Cure or Quit Notices are given when a certain term or condition of the lease or rental agreement has been violated by a tenant. It could be the violation of a no-pets clause or to refraining from making excessive noise. Usually, the tenant is given a period of grace in which to rectify, correct, or ‘cure’, the violation. Failure to do so means, the tenant must vacate the rental premises, or face the possibility of an eviction lawsuit.
• Harshest of all are the Unconditional Quit Notices. The tenant is ordered to vacate the premises and is not given any chance to pay the rent, or correct a lease or rental agreement violation. However, most states allow unconditional quit notices, only when a tenant:
  • Repeatedly violates important lease or rental agreement clauses.
  • Has paid rent late on several occasions.
  • Has seriously damaged the premises.
  • Or, is engaged in serious illegal activity on the rental premises e.g. drug dealing.