There is a certain eviction process that landlords must know, and must follow the rules, if they don’t want to violate the law.
A landlord can’t simply start the eviction lawsuit without legally terminating the particular tenancy at first. If he/she does it, they may be subjected to legal lawsuit, which may be claimed by the tenants.
If you are a landlord yourself, you want to avoid this kind of situation, so it’s crucial that you understand the details of the law.
About Eviction Stage and Processing
If a landlord wants to terminate any tenancy in a legal way, that landlord must provide a written notice to the tenant. It’s already specified within the termination statute of the state.
In the event the tenant doesn’t fix the issue leading to the termination (for instance, finding new house for the pets or paying the rent) or they don’t move out, then you (as the landlord) should be able to file a lawsuit that leads to the eviction process.
The eviction lawsuits within the area may be called as the UD (or Unlawful Detainer) suits. But it’s also possible that it has another name that shares similarity.
The state laws have set out their detailed requirements that can end the tenancy. The termination notice type that the landlord must serve would depend on the condition and situation.
Each state itself has its own stages and procedures, related to how to write (and serve) the termination notice as well as the eviction paper.
Terminate Notices with Cause
There are basically 3 different termination notices that landlords use when they have reason (or cause) for the tenants to move out. The notices are:
- Notices ‘Pay rent or quit’. This notice can be used by landlords when tenants haven’t paid the rent. As the landlord, you give several days for the tenants to pay or quit (move out). In most cases, the given days range from 3 to 5 days).
- Notices ‘Cure or quit’. You can use this notice when the tenants violate a condition or term of their lease agreements, like not making excessive noise or no pet clause. The tenants would be given an amount of time to correct (or cure) the violation. If tenants fail to cure the situation, they must move out or be possibly dealing with eviction lawsuit.
- Unconditional quit notices. This is basically the harshest of the three. This notice ‘order’ tenants to move out without given the chance to correct the violation or pay the rent. Generally, this kind of notice would be allowed ONLY if the tenants have:
- Violated the significant cause in the rental or lease agreement repeatedly
- Damage the premises seriously
- Been late with their (payment) rent more than once
- Being involved in serious illegal and dangerous activity, like dealing drugs or involved in a theft
In some states, landlords are allowed not to provide the tenants the chance to fix the (lease) violation or pay the overdue rent. Landlords, within these states, can use the unconditional quit notices immediately. If they want to, they can provide second chances, but there are no laws that require them doing so.
Tenants are expected to address the notice. But if they don’t fix the violation or move out by the given deadline within the notice, then landlords are able to file an eviction lawsuit.
Termination Notices without Cause
Typically, tenants with fixed term lease can’t be easily ‘kicked out’ by the landlords, especially if the landlords don’t have any cause and the tenants themselves haven’t done anything wrong.
However, tenants with month to month tenancy, or any shorter term (rental) agreement, can be asked to move out even without the cause.
Still, landlords are still asked to provide the tenants without notice, according to the state law. Without the notice, the landlords would be doing something illegal when they implement eviction process.
Tenants Removal
Landlords aren’t allowed to lock their tenants out of the property or switching off the utilities. There are still local and state procedures that landlords must abide to regarding the tenants’ physical removal. In some cases, landlords may be required to have the sheriff or the police officer (or any local law enforcement) to do the eviction process.
