Types of eviction notices and their purpose
There are times in the relationship between a landlord and a tenant that call for an eviction notice. Most of the time this is because the tenant does not pay the rent. In other cases, the tenant may do other wrong things. The tenant may have brought a disallowed pet to the premises or may have disrupted the peace of the neighbors several times.
Before eviction, the landlord must properly serve a tenant. There are different types of eviction notices, differing in duration and also in purpose.
A three-day notice to perform covenant
This type of notice warns the tenant about a breach in the lease agreement that has to be fixed in the time set. In these cases, it is not a money problem, or at least it is not a rent problem. The tenant has to solve the problem according to the contract already signed. After the three-day period has passed the landlord may proceed with Express Evictions if the tenant didn’t cure the breach.
A three-day notice to pay or quit
As it can be understood from the name of this notice, this is a rent problem. The tenant has back rent to pay, and the landlord takes legal action to get his money. If the due amount is not paid in the three days, the landlord can proceed with the eviction lawsuit. Even if the tenant leaves the property because he or she is not able to pay on time, the landlord can pursue more legal actions to be reimbursed for back rent after the eviction.
Non-fault notice to quit
This type of notice is the one that offers more time to the tenant to leave. In this case, there is no due rent or breach to be cured. The landlord, however, wants to regain control over the property. Maybe some family members need to move in, or maybe the landlord himself needs to be in the place. These notices give 30 or 60 days to the tenant to leave the property. It depends on how long the tenant has been living there.
These are just some of the more common eviction notices used in legal actions against tenants. A professional should be hired to follow those cases and make sure all steps are followed correctly. Each state might also have its own legal requirements and steps, and it is important to know how local rules may apply to eviction law.
Some aspects to consider with eviction notices
Eviction processes are not pleasant for any of the parties. This is one of the reasons why hiring a lawyer is the best option. A professional will know how to handle the matter so that all parties are treated with respect and no offenses are made.
As a landlord, remember to gather all the possible evidence to back up your case in court. Printed payments, bank statements, emails, and any other written communication might be helpful if an eviction is going to be carried out.
Do not evict the tenant yourself. This is a very serious mistake some landlords make. Changing locks or vacating the property by force can bring legal consequences. Police officers and other local authorities are the only ones authorized to carry out physical evictions.
Deliver notices on time, and make sure the tenant got them. This can involve delivering them personally. If you send it by certified mail, the tenant also has to sign as a way to certify that they got the document. If you mail it, the notice also has to be posted on the property in an obvious place, such as a door.
Tenants too have some very important rights. The rental unit has to be in good condition and it has to be safe to use. For example, in places where weather is severe, the property needs to be correctly insulated or protected against cold weather. There is also the right of the tenant to enjoy privacy. The landlord cannot enter the place with no reason and without notice. These benefits are not negotiable or conditioned.
On the other hand, the tenant has to commit to paying rent and following the terms established in the lease agreement. If he or she does not agree with some of the terms, these have to be discussed and negotiated before signing. Signing a lease agreement implies that both parties have totally agreed on it.
