Even after these notices are received, some tenants refuse or are unable to fix the issues. If you still want them to move out, you will need to file an unlawful detainer lawsuit.

When To Send a Notice for Termination Without Cause

If you have a month-to-month rental contract in place with your tenants, you can send a Notice for Termination without cause via a 30 or 60-day notice (depending on the contract). In some cities, a landlord can evict a month-to-month tenant without cause. In other cities, the landlord must prove the eviction is due to “just cause”.

If the tenant has a fixed-term lease, a landlord usually can’t send a notice of termination without cause.

What to Expect After Filing an Unlawful Detainer Suit

If the tenant mounts a defense against your suit, it could potentially add weeks or months to the eviction process. Potential defenses include mistakes in the eviction notice and/or improper delivery of the notice. Additionally, how you have handled past tenant complaints can play a major role in the success of your case.

If you win the lawsuit, you will get a judgment for possession of the rental property. However, you cannot immediately remove the tenants and their possessions. You must typically wait for them to voluntarily leave or the Sheriff’s office to formally evict them.

Legal Help in Resolving Eviction Issues

Legally and effectively evicting tenants can be difficult if you do not have a thorough understanding of landlord and eviction laws. Your unbundled landlord-tenant attorney will investigate your case, advise you on the best steps to take, and ultimately help to end your eviction nightmare.

Your unbundled attorney understands the eviction laws in your state and has experience helping many other landlords to get their property back.

Eviction issues can be complicated, challenging, and expensive. An unbundled landlord-tenant attorney is an important resource to help you to take ownership of your property again.