Eviction:
Eviction is the process in which a landlord removes a tenant from the landlord's rental property or land. The documents found here are eviction notices that a landlord may use to
recover real property from a tenant. Our documents can be used both for tenants who have a lease, and for tenants who
have no lease, called "tenants at will."
How a Landlord Evicts
In order for a landlord to evict a tenant, he or she must first deliver a Notice to Quit. This is an important step because a landlord's failure to give the tenant notice, or to
give notice incorrectly, can result in the landlord having to repeat this process if you later need to file an eviction case with the courts to remove the tenant from your property.
In most states this notice is not officially a court document, but is considered a notice to your tenant that if he or she does not follow the notice and vacate the property that an
eviction case can be filed with the courts.
Types of Eviction Notices
The type of eviction notice you will use depends upon whether or not you have a lease / rental agreement with the tenant, and your reasons for evicting your tenant.
EVICTION NOTICES FOR TENANTS WITH A RENTAL AGREEMENT
|
|
Notice to Vacate for a Nuisance - This type of notice should be used for tenants that have created a nuisance However, today the term more commonly applies to waste.
For example, this notice should be used to evict tenants that have damaged or destroyed your property, as well as for health code violations. This notice tells your tenant
they have a set amount of days to move from your property. For example, this could be used for tenants who have disturbed neighbors through loud noise or parties, for tenants
that have harmed or destroyed your property, or for health code violations. This notice tells your tenant they have a specified number of days to move from your property.
|
|
|
|
Notice to Comply with the Lease Agreement or to Vacate - This type of notice should be used for tenants that are in violation of one or more of the terms of your
rental agreement. For example, this could be used if your tenant has a pet, and the lease agreement has a no-pet clause. This notice requires that your tenant
either follow the terms of the lease or move from your property within a specified number of days.
|
|
|
|
Notice to Pay Rent or to Vacate - This type of notice should be used for tenants who have not paid their rent. This notice requires that your tenant either pay
his or her rent or move from your property within a specified number of days.
|
EVICTION NOTICES FOR TENANTS WITHOUT A RENTAL AGREEMENT
|
|
Notice to Vacate - This type of notice should be used for tenants where no lease exists. An example of this would be a tenant that rents from you on a
month to month basis. This notice requires that the tenant who rents on a month-to-month basis move from your property at the end of a state-specific time period.
Depending upon in which state you are, our forms will put in the required length of notice to your tenant.
|
|
|
|
Landlord's Notice to Terminate Tenancy - This type of general notice should be used for tenants where no lease exists. For example, tenants who rent from
you on a week-to-week basis, will be required to move from your property within two weeks. Additionally, this notice can be used for those tenants that have
possession of the rental property, with your consent, but no set rental terms exist.
|
Landlord Definition:
A landlord is the person who owns the real property and leases or rents it to tenants. A landlord is also sometimes referred to as the "Lessor."
Tenant Definition:
A tenant is the person paying rent to use or stay on the landlord's real property. Tenants are also referred to as "lessees."
Real Property Definition:
Real property is considered land and anything that grows, is secured, or built upon the land.
Tenant At Will Definition:
For the landlord/tenant relationship, a tenancy at will is the tenant's interest in the rental property that can be ended by either the the landlord or the tenant. In order to be considered a tenancy at will, both the landlord and the tenant must have the right to end the lease at will. The tenancy will continue until either the landlord or the tenant decides to end the tenancy, hence the term "at will."
Notice To Quit Definition:
"Notice to Quit" is simply the legal term for eviction notice. An eviction notice, or notice to quit, simply gives notice to the tenants that the landlord wants to remove them from the property.
Lease Agreement Definition:
A lease agreement is a written or oral contract between the landlord and the tenant for rental of the property.
Number Of Days:
Each eviction notice has a different number of days that the tenant is given to leave the property. This number of days is dependent upon the state in which you live. When you select your state on our input forms, we will insert the correct number of days for you into your notice.
Nuisance Definition:
"Nuisance" is a legal term that means irritating or disturbing another person's use or enjoyment of their property. For example, this could be used for tenants who have disturbed neighbors through loud noise or parties, or for tenants that have harmed or destroyed the landlord's property.
Waste Definition:
Waste is defined as permanent harm to land, and whatever is attached to it, by a tenant. Many different acts by a tenant can be considered waste, including physical damage done to the property. It does not matter whether the damage was intended or merely neglectful, it is still considered waste. Another act of waste is failure by the tenant to keep the property in good repair. A tenant is considered to have a duty to return the property in the same manner in which it was when he or she moved there.
|
