Landlords must understand eviction laws before sending an eviction notice to their tenants. If you own property, at some point in time, you may need to evict a tenant for not following eviction law. It’s important to know when eviction is required and what needs to be included in eviction notices before the eviction notice is sent. There are many reasons to send an eviction notice. Today, we will share five of those reasons.
Hire Eviction Services to serve an Eviction Notice
Before we get started though, consider hiring eviction services to handle your eviction proceedings. When sending eviction notices, landlords need to understand eviction law in their state to avoid eviction court. Landlords should consider hiring eviction services for eviction notice preparation and eviction process management.
Eviction services can help landlords avoid eviction court and eviction law violations. Eviction services will take landlords through the entire eviction process, from delivering eviction notices and filing eviction paperwork to providing legal advice and working with local authorities to remove unruly tenants.
The staff at Rocket Eviction are your trusted local eviction experts. Founded by a lawyer, Rocket Eviction offers premium eviction services and legal advice at an affordable price for landlords in the Las Vegas area. Contact us today to consult an expert eviction notice specialist about the next steps for evicting your tenant.
Okay, onto the five reasons for sending eviction notices. All timeframes should be interpreted as business days, not calendar days:
1. The Tenant Stops Paying Rent on Time
According to eviction law, the most common reason for an eviction notice is non-payment of rent, or sporadic and periodic rent paid consistently late or in the wrong amount. Usually, eviction law requires that the eviction notice includes three things: The date rent is due, how much was not paid and what will happen if the tenant does not pay within a certain period of time.
Normally, if the tenant receives the notice to pay rent and subsequently pays the missing rent, they will be allowed to remain on the property. If they violate the rent payment terms repeatedly, the landlord may pursue permanent eviction.
2. If There Is a Lease Violation
Landlords may also send eviction notices to tenants who violate the lease agreement terms for their rental property. Sometimes landlords ask the tenants to resolve the issue before taking official action against the tenant; however, it is recommended that eviction be filed with the court as soon as possible once violations are known because eviction could be declined if requested too late (this varies from state to state).
Important note: If your tenant is a tenant-at-will, you’ll serve them a different eviction notice than if they have a formal lease agreement for that rental property. If you’re unfamiliar, a tenancy-at-will is a tenancy that doesn’t have a formal rental agreement for the rental property the tenant is staying in. Many times, tenants-at-will will pay rent sporadically, pay less rent, or pay no rent at all. So, if you don’t like something your renter is doing, but you never had them sign a rental agreement, you can’t evict them using the same methods you would if they have an actual lease agreement.
3. Tenant Has Not Vacated After the Eviction Notice Period Expires
When it’s time for a tenant to move out and they refuse, you need an eviction notice to evict them legally. Again, eviction law requires the landlord to provide proof that eviction notices were properly delivered to the tenants after sending eviction notices. This proof could be through either certified mail or personal delivery. In eviction law, there is a period of time between eviction notices and eviction court. This time period varies from state to state.
If someone receives an eviction notice for whatever reason and then doesn’t vacate the property or remedy the situation before the notice period expires, the landlord will usually serve a five-day Unlawful Detainer Notice to Quit. The Unlawful Detainer notice lets the tenant know that their presence on the property is now unlawful, and demands that the tenant vacates within the next five days. If they still do not, the authorities will likely get involved.
4. Damage to Landlord’s Property
If a tenant damages the landlord’s property, eviction notices should be sent. Some eviction laws require that landlords prove that they did not cause the damage and eviction law will require the eviction notice to include information on what repairs are needed and how much it will cost to complete eviction repairs.
There are a few other scenarios that sort of go hand-in-hand with this scenario. If the tenant becomes a nuisance, accumulates a lot of waste on the property, deals or uses drugs in the property, sublets to another person without landlord permission, or runs a business illegally from the home, they can be evicted.
5. The Landlord Wants to Occupy the Unit Themselves
In some eviction situations, a landlord needs to deliver an eviction notice to tenant occupants because they want to move into their rental unit themselves instead of renting it out. In these situations, eviction law requires that landlords give tenants at least thirty days’ notice before moving into a unit or evicting them from a unit during that time period if someone is living in the unit.
The exception to the thirty-day rule is if someone is over sixty years old, or if they have a physical or mental disability. If they are sixty or older, they must provide proof of their age in the form of a driver’s license or some other identification. If the tenant proves their age, or if they have a mental or physical disability, the landlord will likely have to grant them an additional thirty days to remain in the property.
Do the Right Thing
Eviction is never fun, but eviction law needs to be followed in order to protect you and your property. Before eviction notices are sent to tenants, eviction laws need to be understood by landlords. Whether you’re evicting someone for nonpayment of rent, lease or rental agreement violation, refusing to vacate, or simply because you need to move into your rental property, it’s critical that you navigate the eviction process correctly and respectfully. Both the landlord and tenant stand to lose if civil law isn’t followed by both parties. This includes understanding eviction notice requirements that eviction law, as well as knowing which type of eviction notice is appropriate for your situation.
If you’re in need of assistance with the eviction process, hire Rocket Eviction to do the tough work for you. They’ll keep you organized, provide legal advice, and work to get your eviction completed quickly, civilly, and correctly. They can help you avoid an eviction lawsuit, court costs, and attorney fees, and get back full possession of your commercial or residential property.
