No one enjoys the eviction process, but it’s an unfortunate necessity once you’ve exhausted all other options to resolve important issues with your renter. For example, if they’ve failed to pay rent or violated the terms of their written lease agreement, you may consider evicting them to cease their occupancy.
An eviction notice is the first step in this process. If the tenant does not comply with your eviction notice, you can file an eviction lawsuit and have a hearing before a judge – though a court hearing isn’t the ideal way to spend your day. Between the expensive court costs and the amount of time the eviction process consumes, you might feel disheartened and discouraged if things don’t go your way.
To boost your chances for success, we’ll walk you through the eviction notice process, from what happens and when to the highlights of related laws and legislation.
An eviction notice is the document landlords must fill out to initiate an eviction of a tenant. It’s a formal letter that lists the reasons that the landlord believes they can legally evict the tenant. Eviction notices are required by law in all states. Each state has its own requirements for eviction documentation, so it’s important to read the rules carefully before choosing which type of notice to use.
There are three kinds of eviction notices, including:
Note that keeping good documentation, like a copy of the notice, will help you to protect yourself should you need to evict a tenant. Eviction notices should be used carefully and as a last resort.
When you’re a landlord, you want to ensure that your rental units are kept up, your tenants are paying the rent on time, and they’re not causing any problems. It’s nice to maintain tenancy, but you have to be ready to evict renters if they’re not abiding by your lease and causing issues.
There are many reasons why landlords evict tenants. The following are some of the most common reasons why tenants get evicted:
Depending on your state’s laws, this may not be a good cause for eviction unless it directly affects other residents living in your building.
You can also evict the tenant for any other reason stated by law or even the breach of terms of the lease (i.e., a lease violation).
The best landlords stay up to date on their local landlord-tenant laws, and that goes double when your tenant violates their rental agreement.
Landlord-tenant laws differ from state to state and even city to city. In some states, landlords must give tenants written notice before they can evict them; others require only oral notice. Some states have strict rules about what kinds of evictions are allowed, while others have lax ones. And this is just the tip of the iceberg!
We recommend visiting our state-by-state guide for more specific information about your area. This free resource provides detailed information on landlord-tenant laws in every state so you can make informed decisions when it comes to handling tough situations with your renter.
The eviction process is complicated, and it’s not always easy to know how long it will take. There are many factors at play here. For instance, if the renter has been paying rent on time and is otherwise a good tenant, you may want to avoid court eviction proceedings altogether. In that case, explore other options, such as a cash-for-keys solution, asking the tenant to pay late fees (only if late fees are outlined in your lease), or working out a payment plan for the money owed.
After all, the eviction process can take anywhere from one week to six months (or more), depending on how long it takes for the tenant to respond to the notices.
Each state has its own provisions on how much notice tenants must receive. Some have 3-day notices, while others demand 7-day notices, 30-day notices, or more. It’s also important to note that defaulting one month’s rent payment doesn’t warrant an eviction in many states. However, failing to pay regularly or delay of normally two months or more warrants eviction action in most states.
If the tenant does not respond to the eviction notice, you can file a complaint with the court and request that they schedule a hearing for a court order to kick off eviction procedures. Be sure to liaise with your lawyer for legal advice before taking any action against your tenant – they can advise whether or not it’s worth serving or filing for an eviction case, particularly since there will be a filing fee, detainer, and other legal services charges that quickly add up.
While eviction notice forms may be available from the court in some states, it’s still worth knowing how to write one since it can save you time and costs of having an attorney write it for you. A proper notice should include the following information:
If you want to keep your tenants happy and avoid headaches, make sure you have the right tools in place before they get into trouble with their rent. Sign up for TurboTenant Premium to get access to your legal documents, professional state-specific lease agreement templates, and more!
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