Landlords cannot evict without terminating the tenancy agreement first. The landlord must prove the tenant did not follow the terms of the lease to justify ending the tenancy. This can include untimely or non-rent payments or a lease violation such as having a pet without permission. A landlord can file a lawsuit to evict a tenant but they must follow the state laws about process.
There are essentially three different types of termination notices for anyone who has violated a lease. Let’s take a look at them according to nolo.com:
Pay Rent or Quit Notices are typically given when a tenant has not paid the rent. These notices
give a few days (three to five in most states) to pay the rent or move out ("quit").
Cure or Quit Notices are typically given to if one violates a term or condition of the lease or rental
Unconditional Quit Notices are the harshest of all. They order the tenant to vacate the premises
Cure or Quit Notices are typically given to if one violates a term or condition of the lease or rental
agreement, such as a no-pets clause or the promise to refrain from making excessive noise.
Usually, there is a set amount of time in which to correct, or "cure," the violation.
Unconditional Quit Notices are the harshest of all. They order the tenant to vacate the premises
with no chance to pay the rent or correct a lease or rental agreement violation. In most states,
unconditional quit notices are allowed only if the tenant has:
- repeatedly violated a significant lease or rental agreement clause
- been late with the rent on more than one occasion
- seriously damaged the premises, or
- engaged in serious illegal activity, such as drug dealing on the premises.
Then there is a Notice of Termination Without Cause that can be given by the landlord even when there has not been a violation of the lease. In this case, the landlord has to give proper notice. A 30-Day Notice to Vacate or 60-Day Notice is the accepted norm but check the lease for details.
Eviction lawsuits require being properly served in order to proceed. There is a correct way to go about the move-out. Landlords must provide the court judgement to local law enforcement who then serve the notice. It should include a timeline of when an officer will be back to escort the tenant off the property.
The best way to avoid all of this is to pay timely and follow the lease rules. Evictions can be sticky situations, and this will become part of a tenant’s rental history. For more information read: http://www.nolo.com/legal-encyclopedia/evictions-renters-tenants-rights-29824.html.
Eviction lawsuits require being properly served in order to proceed. There is a correct way to go about the move-out. Landlords must provide the court judgement to local law enforcement who then serve the notice. It should include a timeline of when an officer will be back to escort the tenant off the property.
The best way to avoid all of this is to pay timely and follow the lease rules. Evictions can be sticky situations, and this will become part of a tenant’s rental history. For more information read: http://www.nolo.com/legal-encyclopedia/evictions-renters-tenants-rights-29824.html.