How Long Before I Can Send An Eviction Notice?

Eviction Notice

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.

Termination Notice

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.

By : admin | June 9, 2020 | Evictions

What Important Elements Do I Need In My Rental Agreement?

Rental Agreement

What You Need To Know-

A Rental Agreement lays out the basis of the terms of your rental. The agreement will go on to define both your rights and responsibilities as well as the tenant’s rights and responsibilities. It is important to remember that this agreement becomes binding in the courts should you ever have to come before the justice system to enforce the agreement.

What Should Be Included In Your Rental Agreement?

  • Full names of all occupants (collect a copy of identification for each)
  • Identify whether or not additional occupants may reside on the premises, including children and guests
  • Full address and description of the rental unit, including whether or not parking and laundry are included
  • Terms of the agreement should include the first day of occupancy as well as the lease expiration
  • Monthly rental amount, as well as the initial first, last and security, should be detailed in the agreement
  • Detail what is included in the monthly rent (utilities), and what if any items are the responsibility of the tenant
  • Include any details related to maintenance and repair fees and who is responsible
  • Detail under what circumstances you, the landlord, will be entering the property thereby laying out your access rights in the event of emergency repairs etc.
  • List out any important rules, guidelines or policies that the tenant must adhere to, i.e, no smoking, no drugs, no loud music after a period of time etc.
  • Include the contact information for all parties, including emergency contacts for the tenants
  • Include any necessary disclosures, such as lead paint or deaths on the property etc.

Landlord Wiz

Landlord Wiz offers a comprehensive lease agreement available for use.

 

 

By : admin | June 9, 2020 | Rental Agreements