To begin the eviction process on a leased property, a landlord must give (serve) the tenant a lease eviction notice, usually a lease violation notice (for any violation) or pay rent or quit notice (for nonpayment of rent) prior to instituting legal proceedings.
The first thing as landlord has to do to begin an eviction is to end the tenancy. This is done by giving an eviction notice. There are several types of notices a landlord might use. The type of notice you serve on the tenant depends on the reason for eviction.
Nonpayment of rent (Pay rent or quit notice) : If the tenant does not pay the rent when it’s due, the landlord can serve a properly formatted notice informing the tenant of the violation and the statutory time allowed to cure the default before legal proceedings begin. If, after being served the eviction notice, the tenant does pay the rent in full within the prescribed time period the landlord can proceed to court. If the tenant pays within the prescribed time the process ends and there can be no eviction on that notice. This type of eviction notice is included in all state-specific eviction notice kits.
Lease Violation: This would encompass any violation outside of nonpayment of rent. Example infractions for this type of eviction notice would be untagged automobiles, disturbing other tenants or a pet when not allowed by the lease. The notice will provide the statutory time allowed to correct the violation. If the infraction is not corrected in the allotted time the landlord can proceed with legal proceedings. The statutory time for this type of notice can range from 5 to 30 days depending on the state. This type of eviction notice is included in all state-specific eviction notice kits.
Unconditional notice: If the infraction / violation is severe, some states allow a landlord to evict a tenant without any opportunity of correcting the violation. This is usually permitted for a violation of laws or health and safety regulations. Dealing drugs, assault or threatening another tenant with bodily harm would be potential reasons for eviction in this manner. NUPP Legal does not supply this type of eviction notice.
Termination Notice : In certain instances, a landlord can evict a tenant without providing a reason. The time for this type of notice can be anywhere from 20 to 90 days but most of the states that allow this type of eviction mandate 30 or 60 days. Usually, the lease term must be over for this notice to be served.