There are many different kinds of notices that landlords serve tenants to initiate the process of eviction. An eviction notice must first be served according to the law and only for valid reasons, such as not paying the rent, having too many pets, destroying property, or breaking the law on the property. The notices are a first step. If the tenant refuses to pay up, fix the situation, or move out, the landlord files an unlawful detainer eviction proceeding in court. The primary, standard notices to evict are:
- 3-day notice to pay or vacate
- 10-day notice to comply with the terms of the rental agreement or vacate
- 3-day notice for waste or nuisance
- 20-day notice to terminate the tenancy
Evicting a Tenant
When he goes to evict, a landlord heads to court to try win an eviction proceeding. To begin the eviction proceedings, also known as unlawful detainer proceedings, the owner should file a summons and complaint with at the county courthouse in which the rental unit is found. The court can set a date for a hearing before judgment, and the tenant will be notified of the upcoming proceedings. If the landlord is fortunate at the hearing, the court will issue the owner a legal document of possession. This legal document of a property provides sheriff’s deputies with the authority to evict the tenant. The landlord should use only officers or deputies to evict the tenant.
It is unlawful for a landlord to try to evict a tenant without having a legal document of possession and having the deputies present. The owner cannot force a tenant out of a rental unit through such means as changing the locks on the doors or turning off the utilities to the rental unit. If a landlord attempts to try to do this, the tenant could sue him for damages. For additional information on illicit eviction practices, read this link https://expressevictions.com/california-eviction-notices/3-day-notice-to-pay-or-quit/.
When Should You Use This Notice?
Landlords cannot merely send a 3-day notice to pay or quit anytime that the rent could be a little late. Most states require a grace period, and your lease might even state a regular grace period to give the tenants a bit of leeway..
The notice to evict ought to be sent out not long after the grace period ends to prevent the tenant from taking advantage. Waiting to send the notice can only lose you extra money, and sending it out quickly will resolve your tenant problems quicker than if you wait a long time.
Besides nonpayment of rent, there are a few violations which will cause a 3-day eviction notice being sent out. These are the other ordinary times that landlords use this kind of notice:
- Broke the lease
- Health hazards on the property
- Trash not being disposed
- Law infractions
Depending on what state you are in, a number of these violations are not enough cause for a 3-day notice. However, it is vital to understand your state’s specific notice periods and types for each of these violations.
Illegal Notice Usage
There might come a time when your tenant pays the rent late but pays it inside the grace period. Or, a tenant may cause you stress as a result of reporting that you did not keep the property up to the specified code. Once the tenant’s rent is a little late, should you send a 3-day notice to pay or quit? Certainly not.
Unless the particular conditions for employing a 3-day notice for evicting a tenant for nonpayment of rent are met, you ought to never send this notice. Using it cannot be done in vengeance or as a penalty towards your tenants.
Knowingly or not, misusing this type of notice can get you into legal and financial trouble. Therefore make sure that you use eviction notices and proceedings only when permitted by law.
