How Soon Can I Evict A Tenant?
Regardless of where you own a rental property, one thing remains the same in nearly every state in America. You will not be able to start the eviction process unless and until you are within your legal bounds to terminate the tenancy. In most cases, this requires that you provide a notice to the tenant, in most states, that notice will be in writing. Once the notice has been provided, and the tenant does not vacate, the process of legal eviction through the court can proceed. In some states, you can provide a 3-day notice however, it is best to check with your state laws as many states also provide a 7-day notice. The notice timeline will solely depend on your state law.
Types Of Notices
The general language used will be similar in most states however, the common terminology is listed below:
Notice To Quit (Non-Payment)
A notice to quit is generally used in cases where the landlord is owed money by the tenant. The landlord will provide the tenant with a notice allowing for a number of days under which the tenant must pay the money owed or vacate. There is also a Notice To Quit for non-renewal and applies to landlords that do not plan on renewing a tenant’s lease.
Notice To Cure (violation of rental lease)
A notice to cure is generally used when a tenant has violated the terms of the lease agreement. This can refer to moving another person without consent/permission or authorization and can also apply for instances of pets and drug use. The landlord typically provides notice for a specified number of days under which the tenant must correct the issues (cure) or vacate.
The termination notice is generally used when the landlord is no longer willing to accept rent due to continued violations and the landlord simply wants the tenant to vacate and retain possession of his rental. This is usually the result of regularly paying the rent late, violating the lease regularly, causing or creating a dangerous environment to other tenants as well as involvement in illegal activity.
It’s important to note that some states do not even provide for a notice in the law so it is best that you use a qualified service to serve your notice and or speak to an attorney for assistance.