What Is a Tenant Eviction Notice?
A tenant eviction notice is also known as a “notice to quit” in some states. Often, a landlord sends a letter or note to notify a tenant about a violation or termination of a rental agreement. It is legal to remove a tenant from a residential property, especially if they have violated any stipulations of a lease agreement. Also, there are two variations of this notice, which are “curable” and “incurable.” A curable notice allows the renter to fix the issues, while an incurable notice forces a tenant to vacate the property right away. Either way, the landlord should be familiar with the state’s eviction laws to close a lease properly.
How To Craft a Tenant Eviction Notice in Four Steps
According to Eviction Lab, many landlords evicted 898,479 tenants in 2016. Even though rental application forms help lessors screen potential tenants, it cannot keep some of them at bay. To avoid further harm to their properties, landlords do not take matters into their hands by using an eviction notice. It doesn’t only warn a tenant of violations of rental arrangements, but it also signifies a legal removal method. Here are some steps to guide you through crafting eviction notices:
1. Try to Fix the Violation with the Tenant
A tenant who doesn’t miss any rent payment is worth solving problems with. Considering that the renter might be having a hard time covering rents because of personal reasons. Try talking with them when they violate any policy. Discussing the matter could fix the issue. This is also an opportunity for a landlord to lend a hand, showing concern to the lessee. But, if the problem escalates, this means a tenant is a “problem child.” The only option for the landlord is to send an eviction notice to that tenant. However, an incurable violation is always direct to eviction. Keeping a bad tenant is harmful to both business and property.
2. Include the Lease and Tenant Information
Sending an eviction notice or notice to quit to a tenant means the official start of an eviction process. So, provide the lease and tenant information in the notice. Then, compose a paragraph containing the property’s address. A landlord can opt to hand-deliver it or via certified mail with a return receipt to ensure the notice reaches the tenant. Moreover, the landlord has to send the right eviction note—the most common is due in 30 days. To be sure, always check the state laws governing the lease eviction process because it varies on locations.
3. Specify the Lease Violation(s) in the Notice
When a renter receives a notice to quit, it is the start of the eviction period. This time is also their opportunity to fix the violation, except for an incurable notice. The note specifies the time-frame which is allotted to solve the problem. That is why it is essential to state the tenant’s violation clearly. It tells them the notice’s purpose and how they can address the breach. Sending an eviction notice may root from the following offenses: failure to pay rent, non-compliance problem, or committing illegal activities in the property premises. Meanwhile, putting a month-to-month tenancy section is optional unless the lessee is renting every month. In this case, provide the start and end date of the rent.
4. Move the Tenant Out and Collect Past-due
The last part of a tenant eviction notice is the certificate of service. It is a written pledge guaranteeing when and how the tenant received the notice. Hence, include the receiving date, renter’s complete name, delivery method, and lessor’s signature. Next, the landlord can file the notice with the court, which is an easy case if the tenant cannot hire an attorney to defend him or her in court. Be prepared with all the legal documents, including but not limited to these: signed lease agreement, payment records, communication records, written notice, and the eviction notice. After the case, the court will order the tenant to move out. Failure to do so forces the landlord to call the police and let them handle the situation. The prevailing party can even get compensation for all court costs and property damages.
Frequently Asked Questions
How long does an eviction process take?
Approximately an eviction process will take up to two or three months if the tenant counters the case. But in most cases, it only takes a month to evict a tenant legally, from sending the eviction notice down to obtaining the court’s verdict.
What happens when a tenant gets evicted?
For a tenant, an eviction can be stressful, knowing that they will deal with debt while trying to find a new place to stay. Usually, a renter will not get any compensation or the security deposit, as it is the money to pay for the legal costs, unpaid rents, property damages, and moving costs. When a tenant is officially evicted, the court will give them time to leave the property in seven days. If not, the landlord can call the police and escort them out of the unit. Nobody wants to escalate the matter to that level, and it is best to resolve the issue firsthand.
Can I get rid of tenants without an eviction notice?
As much as a landlord doesn’t want any dispute between tenants, some things happen out of the blue. And if that causes harm to the business’s reputation and property, there are a few things they can do without involving legal pursuits: (1) the lessor can allow the tenant break the lease agreement without penalty; (2) settle the violations by communicating with each other; (3) set up a separate agreement that lets the lessee gradually pay for the unpaid rent. These might save both parties money because they don’t have to spend two or three months going through an eviction process.
Breaking the lease agreement could be a reason to remove a tenant from a property. If that happens, the landlord can settle the dilemma, either talking the matter over or pursuing legal actions. If both parties can resolve the problem between them, no need for the court to intervene, but once the dispute heightens, use the eviction notice before it gets out of hand.