An Overview Of How Evictions Work

It is important for owners of rental property to know about the eviction process, including the kinds of lease termination notices that are required in different situations, from tenant’s failure to pay rent to misbehaviour, property damage, etc.

What every landlord must know is that he / she cannot physically remove a tenant from his / her rented property. Eviction can only be done through the process of going to court and proving the tenant’s actions justify ending his / her tenancy.

However, a landlord cannot file for an eviction lawsuit, without terminating the tenancy first. A written notice should be issued to the tenant stating unless the tenant does not move, or pay rent or move his / her pet out, a lawsuit will be filed against the tenant.

According to state laws, there are very detailed requirements for ending a tenancy, and each state has its own procedures regarding how termination notices and eviction papers must be written and served. Different situations require a different type of notice, and though terminology may vary from state to state, basically there are 3-types of termination notices.

1. The first notice is for tenants who have not paid their rent. Pay rent or quit notices give the tenant a few days (3 to 5-days in most states) to pay up or move out.
2. The second notice is for any violation of the terms and conditions of a lease or rental agreement, e.g. a no pets clause or a clause that stipulates noise control. Cure or Quit notices give the tenant a set period of time to correct the lease violation. Failing to do so means, either the tenant must move out or will have an eviction case slapped on him / her.
3. The harshest of all is the unconditional quit notice that orders the tenant to vacate, without a chance to pay rent, or correct the lease / rental agreement violation. Most states only allow unconditional quit notices if a tenant has:
   • Time and again violated an important lease or rental agreement clause.
   • Been late in paying rent on more than one occasion.
   • Caused serious damage to the premises.
   • Or, engaged in criminal or serious illegal activity e.g. drug dealing on the premises.

A number of states allow all the three types of notices, but some states allow landlords to use the unconditional quit notice, even for late rent or violation of a lease clause that would merit Pay or Quit or Cure or Quit notices in other tenant friendly states. And, of course, a landlord can offer the tenant a second chance, if he / she so wishes, however, it is not legally stipulated, as such.

It is essential landlords are careful in adhering to state rules and procedures, otherwise there can be delays in the eviction process, or else he / she can lose the lawsuit, even if the tenant has failed to pay rent or issued bounced rent cheques on more than one occasion. Landlords may chafe at the strict compliance of the detailed rules, but unwavering adherence to the rules help make any eviction suit, a relatively fast legal process that can be over, in only a few weeks.

Finally, winning an eviction suit does not mean a landlord can throw the tenant’s belongings out of his / her property. The judgement has to be handed over to a local law enforcement agency, together with a fee the tenant is required to pay as part of the landlord’s lawsuit costs. The sheriff or marshal then issues a notice to the tenant, confirming if he / she is not gone when the officer returns in a few days, he / she will be physically removed.

Since, litigation can be an expensive process, it is important landlords go through a proper selection procedure for would-be-tenants. To avoid any mishaps or unwanted tenants, visit www.e-renter.com for tenant screening and background check services., the best and only way to prevent expensive litigation, later on.