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-yourself –
Landlord.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
