There are several reasons why a landlord may need to evict a tenant. Perhaps you have a problem tenant that constantly makes too much noise or has destroyed your property. Or maybe your tenant has neglected to pay their rent for far too long and now it’s time to ask them to vacate their home or apartment. In any case, you as a landlord are required to follow certain steps to terminate their tenancy properly. No matter how much of a problem tenant they are, you must follow eviction laws carefully to avoid a future lawsuit.
First, you will need to supply your tenant with proper notice about their eviction. Depending on the circumstances under which you’ve decided to end their tenancy, there are different types of notices that you may need to supply them with. If you have cause for eviction, then you will typically supply your tenant with a three-day notice. Three-day notices are typically given in the following cases:
Failure to pay: Your tenant is late on their rent and must get their account in good standing within three days to avoid an eviction lawsuit.
Notice to Cure: Your tenant has somehow violated their lease agreement (such as having a dog when pets are not allowed) and must correct the violation or face eviction.
Unconditional Quit: If the violation was so serious that it cannot be corrected, you may ask them to vacate within three days of receiving your notice. Note that you can only use this notice in certain serious situations.
If you do not have cause for ending their tenancy, then your renter may be entitled to a longer notice. Without cause, the terms of their lease agreement will also come into play in an eviction case. If the tenant is on a month-to-month rental agreement with you and has occupied the home for less than a year, you are required to give them at least a written 30-day notice prior to ending their tenancy. If they’ve lived there longer than one year, then you are required to give them a 60-day notice.
If there is still time left on our renter’s lease and you have no cause to evict them, then your hands are tied. You must honor the terms of their lease prior to ending their tenancy. If you don’t plan on renewing your renter’s lease, be sure that you provide them with the proper 30-day or 60-day notice prior to the end of their lease period.
Eviction cases are not always simple. In some cases, you may have a tenant that fights their eviction or even accuses you of some sort of discriminatory act. When that happens, it’s time to contact a professional eviction attorney for help. Our team can help you make sure that you carry out our eviction proceedings to the full letter of the law to safeguard you from having problems down the road. If your eviction case does go to court, we will fight to protect your rights as a landlord.