2 Types Of Legal Evictions

If you are a landlord, it is your legal right to evict a tenant if necessary. There are numerous situations that may arise which require this process to occur. By taking back control of your property when the term and conditions are violated, this will allow you to find another tenant. It is important to understand the laws regarding evictions when faced with this situation.

Notice of Termination with Cause

Most evictions occur because of something the tenant has failed to do or done wrong.

Listed below are the types of eviction notices:

1. Pay Rent or Quit – This is given to tenants who are behind on payments. The landlord gives the tenant the opportunity to pay the current amount of rent that is due and any that is behind to avoid an eviction. If this is not completed by the tenant, an eviction notice will be given stating the amount of time the tenant must leave the premises.

2. Cure or Quit – This notice is given to the tenant if there is a condition that is being violated in the rental contract. For example, if there is a pet on the property and the landlord doesn’t agree to this, the tenant will be required to get rid of the pet or leave.

3. Unconditional – This type of notice will not allow the tenant to rectify any issue, but is required to leave the premises within the allotted amount of time. If the tenant has been late on the rent for a long period of time, damage to the property or continually broken the terms and conditions, this notice may be given.

Most eviction notices allow the tenant a specified amount of time to leave the rental.

Notice of Termination without Cause

It is possible to evict a tenant without having a reason if there is no lease. This may happen because the landlord wants to move into the property or has an immediate need for it.

It is necessary to provide the tenant with an amount of time to vacate the rental property once the eviction notice has been given.

Finally, if you are a landlord, it’s important to follow the correct legal procedure during an eviction. The laws per state do vary and should be followed by the area in which your rental property exists. Be sure to consult with an attorney—such as one from McKee & Co—to guide you through this legal process with ease.

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