Nobody really wants to go through the process of evicting a tenant, as it can be a very inconvenient process. However, if it has gotten to the stage where it is necessary to evict your tenant, it’s vital that you do so in the correct way.
All states require landlords to provide their tenants with ample notice before they proceed with eviction. Here are three things you need to know as a landlord when evicting a tenant.
Do I Need a Reason When Evicting a Tenant?
It depends on the lease agreement you have drafted. Generally, for month-to-month agreements, you can give adequate notice to your tenant without a reason. However, with fixed-term leases, this differs. You must have a fair reason to evict such as the tenant violating the terms of their lease agreement.
What Types of Eviction Letters Are There?
Depending on the reasoning for the eviction, there are different types of letters that you can use.
Here are some of the different variations of letter:
A ‘quit’ or ‘cure’ notice provides the tenant with a set period of time to fix a violation of their lease agreement. Should the tenant fail to fix the issue within the timeframe, it will result in an eviction. An example of this can include cases where a tenant causes excessive disturbances and noise or when they violate no-pet policies.
A ‘pay’ or ‘quit’ notice is issued when a tenant fails to pay rent after a formal warning. This letter provides a date a tenant must pay rent or vacate the property.
Lastly, a notice to ‘unconditionally quit’ is issued when a tenant does not have a choice in the eviction process. This notice is used under month-to-month lease agreements and for serious lease violations.
When Should I Deliver an Eviction Letter?
As a rule of thumb, the more serious the reason for eviction, the less time you’ll have to wait between providing an eviction notice and filing for eviction in court. The amount of notice you must supply your tenant depends on the reasoning for the eviction.
Each state is different, so it’s important to know the laws where your property is located.
Read our previous blog post here: How to Write An Eviction Notice Letter