by Steve Zappa
The Notice of Termination is the first step in the tenant eviction process.
Tenants can be evicted with a 30 Day Notice if they are on a month to month lease. The form that you use is called a 30 Day Notice.
First though, you need to check your local laws for what is an acceptable reason to serve a 30 Day Notice.
Subsidized housing programs often limit what you can evict a tenant for. They usually have forms where you have to list the reason for the eviction.
Some rent control cities require “just cause” for eviction, and the landlords notice must state the reason for termination.
An eviction can never be retaliatory or discriminatory in nature.
There are basically 3 types of Notice of Termination forms that you can use to evict a tenant.
Pay Rent Or Quit is a notice given to a tenant who has not paid the rent. This notice instructs the tenant to either pay the rent or pack up and move. Tenants are then given anywhere from 3 days to 30 days to pay the rent depending on your local laws.
The notice called Cure Or Quit is given to a tenant who has violated a condition of tenancy listed on the lease agreement. It instructs the tenant to fix the violation in a certain amount of time, which is usually determined by state law, or face an eviction.
The Unconditional Quit or Notice To Quit notice instructs your tenant to move out in a certain amount of time without giving the tenant a chance to fix the violation in the lease agreement or even to pay the rent. You must be careful with this notice. This notice frankly says just get out. Most states do not want you to use this notice unless the tenant has broken the law in some way such as selling drugs from the apartment or has totally damaged your rental unit. Do not be lazy and use this form as just a “catch all” form. In the few cases where a tenant has won against a landlord, it involved the landlord using this form.
If your resident chooses not to correct a violation of the rental agreement or to pay you rent, she is not instantly evicted.
You need to start the eviction process.
You file the required forms with your local court and arrange to have the tenant properly served with a summons and complaint. The complaint is usually a pre-printed form, and you can only seek unpaid rent and actual damages. Any attempt to demand late charges or other fees can cause your complaint to be denied.
Most new owners make a mistake on how they serve the tenant. Do not just slip this notice under the door or stick it in the mail. You need to follow your state’s rules for what constitutes correct legal service. There is the age of the person serving the notice, the method of delivery, and so on. Check with your local attorney for the laws of service in your city.
By law the court will set a trial date. Your resident will be given a certain amount of days to file his own answer to your complaint.
What usually happens is that when the tenant gets the legal summons and complaint, it scares him into vacating your rental unit because he knows he violated some condition of the lease agreement.
If the tenant settles with you out of court, that’s fine but you must officially dismiss your eviction with the court.
If your tenant doesnt file an answer in a timely manner, the eviction action proceeds to court without the tenant.
The court calls this an uncontested eviction. The court asks you to state your case. The tenant is not there to deny your charges. You will usually win as long as you provide the court with good documentation and paperwork.
4. If the tenant files an answer and appears at court, you each will be given a turn to make your case before the court makes the final ruling.
This is called a contested eviction. If youre prepared and professionally present the facts in a well-supported case, you can generally win. However, the courts can be very harsh if youve acted illegally or in a retaliatory or discriminatory manner toward the tenant.
5. Once you win the eviction lawsuit, you then give the judgment to the local police.
The local police will contact the tenant and tell them to move immediately by a certain date of face a lock out. A lock out is when the police come to your rental unit and physically remove the tenant and all her belongings from your rental. Make sure you have a locksmith meet the police at your rental and change the locks as soon as you regain legal possession of your rental.
You should have a property management company or a lawyer deal with the evicting of your tenant. The reason is that it is a complex process with forms and letters to file and serve that must be done exactly by the book. Any mistake along the way in this eviction process will delay the eviction and you’ll have to start all over again even if it is clear that the tenant has violated a condition in the lease agreement.
There are many eviction and collection law firms that specialize exclusively in legally evicting tenants.
With an eviction collection law firm, you simply turn the tenant over to them and they do the rest. They handle filing with the court, serving the tenant the legal notices of pending court action, and they even call the police and schedule a date for the lock out. All you have to do is show up at your home for the lock out so you can change the locks. Next, they have their own collections department where they keep calling the tenant to work out payment arrangements and put a negative mark on the tenants credit report until he does pay.
About the Author:
By Steve Zappa. I hope this free advice helps you with dealing with legally evicting your non-paying tenant. Should you need professional property management services and if you are a property owner in Madera, California see
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