First Step to Eviction – Give Notice

By E-Renter Tenant Screening
Posted on October 14, 2008 under Eviction | Be the First to Comment

Before actually beginning the lawsuit to evict a tenant, a landlord must legally terminate the tenancy. This means giving a written eviction notice to the tenant. Each state has its own requirements for the specific forms to be used and the procedures for each step in the process.

What Happens After Notice to Terminate Tenancy is Given?

• Once the tenant is notified, they usually have an opportunity to correct the problem (pay the rent that is due, remove the pet from the property, etc.) within a limited time.
• If the problem is not corrected, then the landlord can file the lawsuit to evict.

Types of Eviction Notices
Even though names of documents and procedures vary from state to state, there are three basic types of eviction notices.

• A nonpayment of rent notice gives the tenant notice that they must pay the rent within a certain number of days (usually 3 to 5 days) or move. If the tenant pays, they cannot be evicted.
• Notices to fix a violation give the tenant a set time (often set by state law) to correct a problem, such as having a pet when the lease has a no-pets clause. As with payment of back rent, if the problem is corrected, the tenant cannot be evicted.
• The third type is used generally when there are continuing problems, repeated late payments, or serious damage to the property. These are unconditional notices which require the tenant to move, with no chance to pay or correct the problem.
• In most states, landlords can also give an eviction notice without reason, usually giving 30 to 60 days notice. If there is a lease in place, the tenant cannot be evicted during the term of the lease.

Know the Eviction Rules
Be sure, if you need to start this process, that you find and follow the rules in your state, and keep copies of all paperwork!