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Landlord/Eviction - Get the Help you Need to Defend Your Rights
One of the most difficult things to deal with as a landlord is evicting a tenant. In some cases, tenants willingly move out. Other times, it’s not so easy and the landlord must file an unlawful detainer suit to remove tenants from the property. As a property owner, it’s important to know when to send a Notice of Termination and what to expect after an unlawful detainer suit.
When To Send a Tenant a Notice for Termination With Cause
Each state offers its own terminologies, but in general, there are three types of termination notices that landlords can send to tenants. They include:
- Pay Rent or Quit Notices: A notice that requires tenants to pay overdue rent typically within 3 - 5 days or move out.
- Cure or Quit Notices: Notices sent when a tenant has violated terms of the rental agreement. It gives them a certain amount of time to remedy the violations or move out.
- Unconditional Quit Notices: This is an order that mandates the tenant to move out of the property with no chance to pay back rent or remedy violations.
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.
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