The eviction process isn’t simple and easy. The landlord of the property needs to go through the proper procedure in order to legally evict a tenant. The landlord will first provide an eviction notice to the tenant. This person will make them provide the details necessary that are specified by state or local laws. The tenant may potentially be able to fix the reason in which they are being evicted. If the tenant does not find a solution that works for everybody, then the landlord can potential have a law suit .
When a tenant is being evicted, it is important to note that there are different types of eviction notices. You definitely should make sure you keep up-to-date with your states laws if you are a tenant, and definitely when you are a landlord. You will want to follow the law carefully to avoid any errors.
An eviction notice for cause refers to when a tenant will do something wrong or that is against the terms of the lease. There are 3 different types that fit under this category.
When a tenant begins to slow down, miss, or provide late payments, pay rent or quit notices are usually sent to the tenant. These notices will give the tenant an opportunity to pay their rent. If they do not pay, that is when they can be either evicted or involved in a lawsuit.
Quit notices are also sent out to a tenant when they have done something wrong. An example of this could be if a tenant were to bring in a pet, even if no pets are allowed. Another example could be if a building has a set of rules, and the tenant fails to obey these rules. Sometimes a tenant might not keep the property in an acceptable condition. The tenant will have a short amount of time to change the problem.
Unconditional quit notices are an order from the landlord to leave the property. This does not allow the tenant to make up for the problem. They have to leave right away. These are only used when a tenant has proven time and time again that they have not paid rent, has done serious property damage, or has engaged in illegal or dangerous activity on the property. If a tenant refuses to leave, then the landlord must file an unlawful detainer suit.
A lot of the times those who receive an eviction notice will have gotten notices prior. If a tenant does not receive these notices, then the landlord does not have a reason to evict you. This is why many states require the landlord to give the tenant a 30-60 day notice. Some states require the landlord to give a justified reason why the tenant must leave.
Tenants in a situation like this have multiple defenses they can use in a court case. They may say that the eviction notice was not proper. It might not have contained the proper information. These tenants may point out actions that the landlord has done which are wrongdoing. As a landlord you never want to give your tenants a chance to use an action or situation against you.
If you are a landlord and have won the court case, you may expect the tenant to finally leave. This is not always the case. If the tenant does not leave, then you have to take the court order to the local sheriff. This will require a fee for the sheriff to carry out the court order.
Another problem that may arise is if the tenant leaves their belongings. Some states do not allow landlords to touch the property. The landlord will have to contact the tenant in order to try to get the tenant to remove their possessions.
The rules that landlords have to follow in order to evict their tenants are strict. In a situation when there is an unlawful detainer suit, this is worth something more to the tenant than the landlord. These types of cases are sensitive. A individual or family may lose their home due to it! Make sure you get the property lawyer to represent you!
Source: Find Law