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Landlords Must Be Careful To Follow The Law

Landlords have the difficult task of ensuring both the safety and security of the rental property and the prompt payment of the tenants. While it’s not always the best solution, it might become necessary for a landlord to evict a tenant for either breaking the terms of the lease or failing to pay rent. Since the landlord-tenant relationship is not federally legislated, the landlord must be careful to follow state, county and city guidelines as they relate to evicting a tenant.

Eviction Notice For Cause

When the landlord builds a case against a tenant, there are typically three types of eviction notice for cause that can be used.

  • Pay rent or quit: When a tenant is delinquent in paying rent, this notice gives him or her a period of time – generally set by state law – to pay or be subjected to a lawsuit for eviction.
  • Cure or quit: Similar to a pay rent or quit notice, these notices are sent when the tenant violates the lease terms. They are given a short period of time to rectify the matter or face eviction.
  • Unconditional quit: These are the most serious notices of the three. Here, the tenant has generally shown a pattern of paying late, non-payment, have seriously damaged the rental property, or have engaged in dangerous or illegal activity on the property.

Eviction Notice Without Cause

As opposed to the notices listed above, a landlord can present a tenant an eviction notice without cause when no specific reason for the eviction exists – due to the tenant’s actions. Depending on state laws, the landlord must give the tenant a period of time – usually either 30 or 60 days – before they are allowed to begin an eviction suit.

As noted above, laws can vary from state to state, and even from city to city within a state. It is always wise to clarify your position and learn your legal options by discussing your situation with an attorney experienced in eviction lawsuits.

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