How to Issue an Eviction Notice
Eviction is not as easy as getting pissed the first time a tenant commits a mistake and tell him to get out of the property right there and then. You can’t also just force him out of it and change the lock of his unit. If you do things this way, it’s a guarantee that you’re going to pay for damages that’s worth a couple of month rent. It’s going to defeat the purpose of business.
Eviction process has to adhere and undergo legal state processes that should start in a formal letter. It’s actually quite faster compared to other legal processes. In order to not cause any further delay, you have to do everything as precise as the states or you might have to restart the process all over again. Before you hand out an eviction notice somebody, you have to end the tenancy first. There are many ground in which a tenant can be evicted. One of them is if he doesn’t pay the rent every month. The property manager can reprimand the tenant in the eviction notice that he has an x number of days, normally 5-10 days, to pay the rent or he has to move out. If the tenant settles his balance within the period of time the notice indicates, eviction will be called off.
A property manager can also issue an eviction notice to those who violate some of the rules in the rental agreement such as having a forbidden pet inside the house, or having more people living in the unit than what’s stated in the agreement. The time allowance is normally 5-20 days. If the renter sorts things out, his tenancy can be saved. There are also unconditional notices in which the tenant has to really move out of the apartment regardless of whether he’s going to correct his misconduct or not. This is includes repeatedly missing monthly payment or causing some major damages to the unit. As soon as the state law approves the claim of the property manager or landlord, the tenants will have no choice but to evacuate.
A landlord is entitled to issue an eviction notice even without a reason. Normally, the tenant will be given a period of 30 to 60 days to move out, but depending on the factors, can be shorten or lengthen for a couple of days especially in the case condo conversion, and disabled people or senior citizens. However, this kind of eviction notice cannot be issued until the leasing contract is over. A relocation expense may even be made to tenants if it’s for condo conversion purposes. Reasons such as discrimination and getting back at lessees who report violations of the units cannot be evicted.
Once a tenant receives an eviction notice, he has the liberty to correct the mistake or respond to the notice with legal writing. A trial could arise if the tenant tries to fight for his right. Conversely, if the eviction notice is entirely ignored and no rebuttal from the tenant is received, he can be evicted by default judgment unless provided with a legitimate reason for not being able to respond immediately.
You have to put in mind that in eviction, you have to painstakingly follow the processes of the court or what can be done in less than 30 days could go on for months.
