An eviction notice is a formal notification that is issued out by a landlord to a tenant with regards to his continual stay in the facility. The notice basically informs the tenant of the grounds for vacating the facility, the ultimatum, and the other terms that govern the same. It is mainly issued out when there is a violation of the terms that govern the tenancy.
Types of Eviction Notices
These notices come in different shapes and forms. The differences are mainly brought about by the variations in the circumstances under which an eviction may be necessary. Below are some of the kinds of notices that we have at the moment:
($) Notice to Pay or Vacate
As the name implies (Notice to Pay or Vacate), this notice gives the tenant the leeway to pay any outstanding dues in lieu of a vacation. He is only required, under this notice, to vacate a premise if he cannot or is unwilling to pay up the dues. This is by far the most common kind of eviction notice in use in many parts of the country.
Notice to Comply or Vacate
This (Notice to Comply or Vacate) notice instructs the tenant to comply with the terms that govern the lease, failure to which he will be required to vacate the premise. In many cases, this notice lasts for 10 days. For a large part, it is issued out in the event of unauthorized occupants or violations of other kinds than the failure to remit rental dues.
By ‘illegal activity,’ we mean those actions that are largely inimical to the public welfare and are generally prohibited by the various laws. Other than the state laws, a batch of common laws and landlords do impose some restrictions on their engagements. The landlord will most often issue a warning before serving an eviction notice due to illegal activity in this case.
The month-to-month eviction is invoked in the case of a month-to-month lease agreement. In this case, the landlord notifies the tenant to vacate the premise at the end of that month. Most of the time, the eviction is occasioned by the desire to increase the rental payments or the decision to repurpose the facility for another task.
What information is included in an Eviction Notice?
A typical eviction notice contains the following information:
- Address of the tenants who occupy the residential lease
- Finer details of the lease information
- Full names of the landlord and tenants involved
- Date when the notice is written
- Specific violation of the lease agreement
- Number of options that the tenant has to explore to remedy the situation (if any)
- How long (length of time), the party has to remedy the errors
- Consequences that come along with the failure to remedy the actions
- Who to reach out to with any questions or for clarifications?
Create Eviction Notice
Eviction Notice Forms (by Days)
Eviction Notice Forms (by State)
How to Evict a Tenant
We now get to the core of the matter. Here, we shall examine the steps involved in kicking out a tenant from your premise. We outline and discuss them fully here below:
Step I: Identify the right Reason
Start off by identifying the right reason to kick out the tenant. Simply put: why exactly how you have seen it necessary to kick the tenant out? Is it because he engaged in illegal activity? Could it be that he has faltered in remitting the rental dues? Be sure that the reason you identify is well-anchored in law.
Step II: Reason out with the Tenant
Before using the legal route, it is important that you reason out with the tenant. Have some time to talk to him about the issue. Try and find out why he is guilty of that violation and what he plans to do to remedy the situation if given time.
Step III: Notify the Tenant of the Impending Eviction
In case the tenant is unable or unwilling to mind his ways, you have to take a step further of notifying him of the impending eviction. Give him formal notice of eviction and note how he responds to it. Take care, though, that you do not threaten him as that may land you in hot soup with the law.
Step IV: File the Eviction Notice with the Court of Law
Many states demand that a court of law sanction any eviction before the same might take effect. If the tenant is still unwilling to mend his ways, you will have no other choice but to head straight to a court of law to argue it there. Attend all sessions faithfully and explain your side of the story there.
Step V: Evict the Tenant
Finally, evict the tenant. This will require that you serve him with the court-sanctioned eviction notice. Thereafter, you will have to give him some time to ‘put his house in order.’ You will have to bring in the law enforcement officers to kick the tenant out if the tenant will not have vacated the premise upon the expiry of the notice. Do not forget to collect your past dues too!
- Never take matters into your own hands by forcefully evicting the tenant without the authorization of the courts.
- Familiarize yourself with the laws that govern such evictions in the state where you reside.
- Do not harass your tenant with too many phone calls, text messages, or verbal notices as these may be erroneously misconstrued to be harassments.
- Always work with a lawyer throughout the entire process.
- If, after the expiration of the ultimatum, the tenant will not have vacated the premise, you may have to bring in the sheriff to get the tenant out alongside his possessions.
How long does an eviction take?
There is no standard length of time that the eviction takes. The precise amount varies depending on the size of the facility, the nature of the lease, the kind of violation, and the security threats that are posed by the tenant in question. Moreover, different state laws delineate different timelines for evictions.
Unlawful Detainer vs. Eviction
An unlawful detainer is a legal way of kicking out a tenant from your premises. This entails the invocation of the court of law to authorize and sanction such an intent. An eviction, on the other hand, is the use of force to kick out a tenant without invoking the intervention of a court of law. Here, the landlord literally takes matters in his own hands.
How to get rid of tenants without eviction?
To get rid of a tenant from your premise, follow these procedures:
- Explain the reason for your intention
- Let them know of the consequences that come along in case they fail to comply
- Provide them an alternative way out of the quagmire
- Jot down the agreement in the form of writing to make it official and for references
Can a writ of possession be stopped?
In a nutshell, YES! The precise terms and conditions that govern such evictions though vary from state to state. It is hence important that you refer to the rules which your state spells out to avoid ruffling features with authority.