To file tenant eviction case against a tenant, make sure you have served a written notice, especially because it is part of the termination statute of the state. If the renter does not leave or pay, that is the time you can file a lawsuit. State laws provide very specific requisites to end tenancy and each state’s procedure differ from each other.
Termination notices
Terms may differ in each state, but the major notices for termination includes quit notice, pay rent notice, cure notice and unconditional quit notices remain same.
Pay rent notice gives the tenant 3 to 5 days to pay their rent; otherwise, they have to move out. A cure notice is given to tenant who violated the rent agreement like keeping pets, making too much noise etc. If the tenant will not leave after receiving a cure notice, you can file an eviction lawsuit. Unconditional quit notices are very harsh. It orders the tenants to leave the premises with out getting a chance to pay the rent. This type of notice is given if the renter has been violating important rental agreement, always late with the rent, made a big damage on the premises, or doing illegal activities. These types of notices are considered as notice for termination with cause.
On the other hand, there you can also serve your tenant a notice for termination without cause. You can give your tenant about 30 to 60 days to leave the rental unit even if the tenant didn’t do anything wrong. A lot of rent control cities usually require notice for termination with cause among landlords.
Tenant defense
The tenant can also file a defense just to stall the eviction complaint. The tenant may blame how you deal business with them, or the bad service they get, or the bad condition of the premises, etc.
To make sure that you can make your unwanted tenant leave your rental property, make sure you consult an attorney to help you out with the processes of filing an eviction lawsuit.
