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Security Deposit Law Guide
Rent Control Laws by State
Eviction Notice Termination Law Guide
Landlord Right of Entry by State

 


Each of the 50 states is a sovereign entity, and each has its own procedure for in listing the assistance of the law in dispossessing a tenant. All share the common feature of notice and an opportunity for the tenant to be heard before a law officer removes them from the property, i.e., due process.  Evictions, with a few exceptions, start with a notice of some sort, giving the tenant an opportunity to do certain things or move, or simply to move within a limited time.  It is this notice that places the tenant in the position of wrongfully withholding possession of the rental unit from the owner and gives the law the authority to come to the owner’s aid.  There are many protections under the law for tenants
as there are many legal rights that can be easily exercised by landlords to evict tenants who fail to comply with the any oral or written rental or lease agreement. 

Eviction notices can be divided into two groups: 

1.    Non-payment of Rent Notices-most of which the tenant must pay or vacate the premises. These are the most common eviction notices used. 

2.    Conditional or Unconditional Quit or Vacate Notices –which either demand possession within a limited time out right or give the tenant an opportunity to perform some acts (correct or cure), other than pay rent, or vacate, at its option. 

Notices, where required, are essential to obtaining an order for dispossession.  An eviction without a proper notice is a violation of due process of law, much is if your mortgage company were to send thugs out to remove you from your home if you are late on the payments, without going through the proper legal proceedings.  Just as the courts will not allow a mortgage company to do this to you, they will not allow you to do it to your tenants. 

The content of the notice requirements are specified by your state legislature.  You must serve a written notice containing all of the language required, and none of which is prohibited.  If you are going to use a form, use one prepared with your states requirements in mind.  Never use a generic form. 

Eviction is a huge expense.  Do everything you can to avoid it.  If you cannot avoid it, do all that is necessary to get it over with fast.

Establish Procedures:  Adopting Excellent Management Practices

Monitor/Prevention:  Confirming Company Policy and Procedures

Eviction Process

Reasons to Evict check out the varied reasons for tenant eviction

Do-it-yourselfLandlord.com’s Do-it-yourself Center 

Contacting the Tenant

Written Warning Letters

Legal Resources – a list of on-line companies

Hire a Landlord Lawyer

Eviction Resources:  Articles, Guides and Advice

FREE! Eviction Notice Termination Law Guide - 50 states - This is the most comprehensive summary eviction notice termination law guide available on the Internet and for all 50 states and the District of Columbia.  It has been meticulously double checked and includes links to each state’s statute, not a blog or newspaper column filler.  This chart gives a thumbnail of each states most commonly encountered eviction notice termination statutes.

Eviction Bundle! We've bundled 4 of our most popular eviction articles from Landlord.com's e-Learning Series. Thousands have read and benefitted from "Eviction Notice as a Foundation For a Successful Tenant Eviction," so we decided to throw in 3 more of our most popular eviction articles in the e-Learning Series: After the Eviction, How to Prevent Evictions and What to Do When the Tenant Leaves Early.

The Eviction Process Overview – a good review of the process (California Overview)

Is My Lawyer Giving Me Good Advice? – a must read for all landlords

State by State Guide to Eviction – find your own states guide to doing an eviction properly

Collect Rent and Legal Expenses  – use this letter to collect all the money due you, including attorney fees

After the Eviction – learn more about the eviction process

Reporting Bad Tenants to National Credit Database – here’s one of the best ways to report your bad experience with a vacated tenant

TO FIND OUT MORE ABOUT YOUR LEGAL RIGHTS, CLICK HERE.