Details To A Legal Eviction
Failing To Pay Rent
The landlord must first give the tenant written notice to pay the rent within three days or vacate the property. The 3-day time frame does not include weekends, holidays or the day the notice is given. An additional five days must be given if the notice is delivered via mail or if the payment must go to a post office box or out-of-town address.
Delivery Of Notice
Notices may be given via hand delivery, posted on the tenant’s door or via the mail. An additional five days is required if the notice is sent via mail.
If the tenant pays the full amount owed within the time frame, the landlord must accept the payment. The landlord does not have to accept a partial payment. The landlord may require payment in cash, which the tenant should in return get a receipt with their name, address, date and amount paid as proof of payment. Money orders and personal checks are other payment forms with receipts.
What Does The Notice Need To Include
The notice must include the statement that the tenant didn’t pay the rent due and when it was due. It should include the exact amount that is due and when the payment is now due to avoid eviction as well as the landlord’s name, address and phone number.
What Fees Can The Landlord Demand In The Notice
Only rent fees can be demanded from the landlord. They cannot include late fees, security deposits or costs for repairs, unless the lease is written to include these charges as part of the rent.
Breaking The Terms Of Your Lease
If the tenant is not behind on rent payments there are other clauses in the lease that fall under the section of “Eviction for Cause”. This covers something specific the tenant did or failed to do. This may include excessive noise, property damage, parking, pets, lack of cleanliness. A seven-day written notice, including the violation and warning of eviction, must be provided before the eviction process can start.
In some cases, the tenant must be permitted to fix or cure the violation at least once. If the tenant fixes the violation, they are not permitted to evict the tenant. If the violation happens again within twelve months, the tenant does not have the right to fix the problem. However, if it happens again with more than twelve months since the last violation, the tenant does the right once again to fix or cure the violation.
Often times when there is property damage, the landlord is not required to give the opportunity to fix or cure the violation and may proceed with the legal eviction process.
Ending A Lease
If there is not a written lease between the landlord and the tenant, or there is a written lease that does not have an end date, the tenant may end the lease at any time for any reason. The tenant is not required to give proper notice.
If rent is paid monthly, notice is required at least fifteen days before the rent is due. If rent is paid weekly, notice is required at least seven days before the rent is due.
All termination notices must be in writing.
Time Frame To Move After Lease Termination
Tenants do not have to move right away. They can stay until the landlord files a lawsuit and then ultimately the judge will make the final decision.
However, the lawsuit is public record and can have an impact on future landlords and influence the tenant’s approval as a renter. In addition, if the judge rules in favor of the landlord, the tenant may responsible financially for fines, reimbursement of the landlord’s attorney fees, etc.