Each of the 50 states is a sovereign entity, and each has its own procedure for in listing the assistance of the law in dispossessing a tenant. All share the common feature of notice and an opportunity for the tenant to be heard before a law officer removes them from the property, i.e., due process. Evictions, with a few exceptions, start with a notice of some sort, giving the tenant an opportunity to do certain things or move, or simply to move within a limited time. It is this notice that places the tenant in the position of wrongfully withholding possession of the rental unit from the owner and gives the law the authority to come to the owner�s aid. There are many protections under the law for tenants as there are many legal rights that can be easily exercised by landlords to evict tenants who fail to comply with the any oral or written rental or lease agreement.Eviction notices can be divided into two groups:
1.Non-payment of Rent Notices-most of which the tenant must pay or vacate the premises. These are the most common eviction notices used.
2.Conditional or Unconditional Quit or Vacate Notices �which either demand possession within a limited time out right or give the tenant an opportunity to perform some acts (correct or cure), other than pay rent, or vacate, at its option.
Notices, where required, are essential to obtaining an order for dispossession. An eviction without a proper notice is a violation of due process of law, much is if your mortgage company were to send thugs out to remove you from your home if you are late on the payments, without going through the proper legal proceedings. Just as the courts will not allow a mortgage company to do this to you, they will not allow you to do it to your tenants.
The content of the notice requirements are specified by your state legislature. You must serve a written notice containing all of the language required, and none of which is prohibited . If you are going to use a form, use one prepared with your states requirements in mind. Never use a generic form.
Eviction is a huge expense. Do everything you can to avoid it. If you cannot avoid it, do all that is necessary to get it over with fast.
Establish Procedures: Adopting Excellent Management Practices
- Renting Out Your Residential Property � American Bar Association Guide
- Establishing Rental Standards
- Properly Screening Prospective Tenants
- Training New and Current Tenants
- Welcome Letter with Rent Number 1 Priority � Start with the all-important welcome new tenant
- Rent Collection Policy and Procedure � emphasize the importance of paying rent timely
- How to Establish and Enforce a Rent Collection � learn how to execute your own effective rent collection policy now
- Effective Rent Collection Techniques for Every Landlord � collect all the rent every time
- � House Rules � � a great set of written rules tenants must follow
- Ways to Collect Rent: The More than Two Dozen Ways! � learn about the over 26 creative and effective ways landlords can collect rent
- Avoiding Tenant Disputes � a good look at tenant problem solving
- Acknowledgment and Confirmation of Tenant�s Intent to Vacate Premises Letter � it always good landlording practice to confirm receiving the tenant�s notice to move-out
Monitor/Prevention: Confirming Company Policy and Procedures
- Dealing with Problem Tenants
- Keeping a Lid on Landlord Troubles � see how one landlord faces the challenge
- Avoid Lease Violations with this Lease Agreement ADDENDUM � use this form to prevent problems
- Landlord Letters: Agreement and Lease Violations Letters� see a comprehensive list of tenant warning letters that work
Reasons to Evict � check out the varied reasons for tenant eviction
- Too Many Occupants? � a great read on the subject
- What to do When The Tenant Leaves Early - catch misbehaving tenants before the move-out
- Lease Agreement Violation - the reason landlords should not sit on recurring lease violations
- Unauthorized Pet Letter (first contact) - nip the violating tenant with a pet early
- Demand for Removal of Violent Tenant Pet - warn tenant of violent pet removal
- Prohibited Appliance � notify tenant of illegal appliance installation
- Early Move Out Lease Letter - Tenant Breaks Lease & Moves Early � landlords stop a tenant from cheating on last months rent
Do-it-yourself � Landlord.com�s Do-it-yourself Center
- Knowing Your State�s Landlord/Tenant Laws
- Landlord/Tenant Law � more resources for state eviction law
- HUD�s Legal Resources for Landlords & Tenants � all 50 states covered
- Renter�s Rights � good for landlords too
- Get Basic Help without a Lawyer � be your own attorney
- How Courts Work � a general overview of U.S. Courts
Contacting the Tenant
Written Warning Letters
Legal Resources � a list of on-line companies
- How Evictions Work
- IMPERATIVE! Selecting the Proper Eviction Notice � find the right eviction notice for your state
- Evictions, How to Win or Lose Them
- Illegal Evictions � watch out for traps tenants can set
Hire a Landlord Lawyer
- Find Legal Help � ABA Guide
- How to Find the Best Lawyer � a guide to finding lawyers on the Internet
- On-line Yellow Pages Directory � find �landlord attorney� or �eviction service� in your area (type in either term)
Eviction Resources: Articles, Guides and Advice
FREE! Eviction Notice Termination Law Guide - 50 states - This is the most comprehensive summary eviction notice termination law guide available on the Internet and for all 50 states and the District of Columbia. It has been meticulously double checked and includes links to each state�s statute, not a blog or newspaper column filler. This chart gives a thumbnail of each states most commonly encountered eviction notice termination statutes.
The Eviction Process Overview � a good review of the process ( California Overview )
Is My Lawyer Giving Me Good Advice? � a must read for all landlords
State by State Guide to Eviction � find your own states guide to doing an eviction properly
Collect Rent and Legal Expenses � use this letter to collect all the money due you, including attorney fees
After the Eviction � learn more about the eviction process
Reporting Bad Tenants to National Credit Database � here�s one of the best ways to report your bad experience with a vacated tenant
