What happens if a tenant fails or refuses to pay rent after he or she has been given several notices to pay? Does the landlord have the right to evict the tenant? Depending on which country or even state you’re in in the United States, laws vary wherein a landlord can actually forcefully evict a tenant. In this article, we review the steps of how eviction can be legally applied through such steps as an Eviction Notice Format that are issued to tenants prior to eviction.
Depending on the specific laws of countries or states with various jurisdictions, a Notice Agreement must first be served and the tenant evicted only after all legal process have been done. In some cases, the landlord himself could lose the eviction lawsuit and the tenant gets remedies that would protect his or her rights to stay on.
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An eviction notice may be served at any time by the landlord in case he notices there are a couple of violations in the rent or lease agreement. In most instances, an eviction notice may be issued to the tenant for the following violations committed:
- Non-payment of rent due (While some landlords give considerations, continuous non-payment is unacceptable.)
- Causing disturbances that affect other tenants numerous times
- Repeatedly making the premises dirty and not doing any cleaning
- Doing illegal acts within the premises like taking drugs and drinking/drunkenness
- Endangering other tenants by being rowdy and discharging firearms
- Causing major damage to the property
- Not moving out when the tenancy ends
Generally, an eviction notice format consists of a date on the topmost left of the letter, followed by the tenant’s complete name. In the main body of the notice, specify the reason why the tenant has to be evicted. Indicate a time frame when the tenant should vacate the premises. The usual number of days would be five days from receipt of the notice. To add weight to your eviction notice, you may include a warning that court proceedings may be imposed if the tenant fails to vacate within the time period mentioned. Write your name at the bottom left hand of the notice and include a witness’s name and signature as an added provision.
For landlords who need to have samples or reference for drafting their own eviction notice forms, check out our Eviction Notice Samples that are all free for downloading and can be edited or modified before printing.
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Lest the reader becomes confused, one sort of property worth mentioning is intellectual property. This refers to artistic works such as movies, literary pieces, photos, paintings, and music. If any person manages to use any of these artistic works without proper notice or permission from the artist or owner, then he or she is in violation of an act known as copyright infringement.
A copyright infringement notice may be sent to the offending party, which is known as a cease and desist letter. You may outline the details of the infringement by identifying the work and saying that you are the exclusive owner of the material and back your statement with evidence.
When to Write an Eviction Notice
As a landlord, before considering filing a case in court, you should give a written notice to the tenant in a format given earlier and addressed to the tenant. This notice is called either a notice to quit or notice to vacate the premises. Your notice to vacate may be conditional, meaning the tenant may be allowed to stay if certain conditions are met like if payment has been made for late payments that have accumulated. Your eviction notice may also be “for cause,” like when illegal activities and drugs have been discovered in the property in direct violation to the rules. However, you also have the right to serve a notice to vacate even without cause, like when the lease has almost expired and you don’t want it renewed with the same tenant.
You can find out more examples by looking at several samples of our Eviction Notice Template. These will serve as guides to drafting your own eviction notice and can be downloaded for free.
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Eviction Notice Procedures
- Landlord Notice – Also called a warning notice or warning letter. A landlord may choose to issue several notices when he notices violations of rules that a tenant may have failed to follow.
- Notice to Quit – This is issued to tenants who are several months late in their payment of rent. A notice to quit is meant to inform the tenant that he/she either pays the rent or face eviction from the property.
- Notice of Lease Violation – This is a form that a landlord may use against a tenant if it’s found out that the tenant has violated certain terms in the lease agreement. The tenant may either correct the violation or he/she faces eviction from the property.
- Notice of Termination – This is usually issued by landlords who want the lease to end and need the tenants to vacate the premises at a certain period. This notice may be useful for short-term leases or rental contracts that have a specified period to end the rental agreement.
For landlords who need to see samples of the kinds of eviction notices, please check out our Eviction Notice Samples.
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If a termination of lease is “without cause” such as those whose lease has almost expired and the landlord has no plans of renewing the agreement, he may give the equivalent of a month or 30 days to the tenant to give him/her time to prepare to leave the property. The notice period given for “without cause” lease termination is due to the fact that the tenant leaves in good faith and has not committed any violation to the rules and terms of the lease contract.
For “with cause” terminations, it’s assumed that the tenant knows he/she is in violation to the terms of agreement on the lease/rent and that he/she may have to vacate as soon as possible. Some landlords who may be a bit forgiving will give the tenant a week to vacate the property. For serious offenses, the landlord has the legal right to give notice to vacate and give the tenant as short as three days to complete the transfer from the property.
You can check out more of our Eviction Notice Examples that are all free for download in either Word Doc or PDF file formats.
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