Landlords Rights During the Eviction Process

Eviction laws are designed to protect tenants and landlords. Eviction laws have some variation between states but eviction is a legal process that defines the tenant’s and landlord’s rights when a landlord wishes to evict a tenant from rented property. In all states, eviction requires the landlord to provide written notice of eviction and usually provides the tenant an opportunity to correct a grievance before eviction can take place.

State laws have very detailed descriptions of eviction laws. These laws contain procedures for written notice or termination notices and eviction papers. In order for an eviction to take place legally, the landlord must follow the stated eviction procedures.

Types of Termination Notices

If a tenant has violated the terms of a rental agreement, there are three types of termination notices that the landlord can issue.

Pay Rent or Quit Notices – These are the most common type notices and are used when the tenant has not paid rent in accordance with the lease or rental agreement. A Pay Rent or Quit Notice usually gives the tenant a specified period of between three and five days to bring the rent current or quit (vacate).

Cure or Quit Notice – These notices are used when a tenant has violated a condition of the rental. A good example of a Cure or Quit Notice might be allowing a pet to live in an apartment where pets are specifically banned by the rental agreement. The tenant is given a specified number of days to remedy (cure) the violation or must vacate the premises.

Unconditional Quit Notice – This is the sternest of termination notices. This notice requires the tenant to vacate the premises without an opportunity to correct a violation of the lease terms. If you are behind in the rent or if you have violated a pet clause or continually make too much noise, an Unconditional Quit Notice can be used to evict repeat offenders. An Unconditional Quit Notice can only be issued under the following terms:

• The violation is a repeat offense of the lease.

• The tenant has been late with rent payments previously.

• The premises has been seriously damaged by the tenant.

• The tenant has engaged in illegal activities on the premises.

Landlord Can Ask the Tenant to Vacate at Any Time

A landlord may have just cause to ask a tenant to vacate even if the tenant has not been late with monthly rental payments or violated terms of a lease.

Notice of Termination Without Cause – Then landlord can request that the tenant vacate the premises even if the terms of the lease have not been violated. In these situations, the landlord can file a Notice of Termination Without Cause and give the tenant a longer term notice to vacate.

The most common Notice of Termination Without Cause notice are:

30-Day Notice to Vacate or 60-Day Notice to Vacate – This notice is used when the landlord does not have a reason to evict but wants the tenants to vacate. In some states, longer terms may be necessary.

The Eviction Process

After the tenant has been served with a termination notice, the landlord has the right to issue a summons and complaint with the court that will serve as legal notice for eviction. The tenant is entitled to have his or her day in court through an eviction hearing and can mount a defense by demonstrating compliance with the lease and by proving the rented unit is in habitable condition. If the landlord successfully wins in court, the court will refer the eviction to the local sheriff who will give the tenant a several days before removing the tenant and his or her personal property.