The eviction process is stressful and expensive. A lot of documents are involved, reports must be filed, and hiring lawyers is a must. I could go into detail on when and how all of it is done but for now, let’s focus on a particular topic that is helpful for the landlords: the 3-day notice.
A landlord is not allowed to evict a tenant without going through the legal process. The first step requires him to serve a notice to the tenant involved. There are different types of notices, but we’ll focus on the 3-day notice to pay and quit, and how to handle it correctly.
• What is it, exactly?
The landlord needs to collect rent to pay for property maintenance and bills. One of the most common reasons why a landlord would want to evict someone is because they have repeatedly avoided giving their rent.
The 3-day notice to pay and quit is the memo that landlords use for tenants with unpaid rent. The tenant has three days to settle his payment. If not, he has to vacate the property.
But did you know that not all states use this method?
• Which states allow the 3-day notice?
A landlord is required to be knowledgeable on the local state laws in his location because it is not the same in every state. The same goes for the 3-day notice. Here are those locations:
- Arkansas
- California
- Colorado
- Connecticut
- Florida
- Idaho
- Iowa
- Kansas
- Mississippi
- Montana
- Nebraska
- New Mexico
- North and South Dakota
- Ohio
- Tennessee
- Texas
- Utah
- Washington
- Wyoming
As you can see, not a lot of states allow this kind of notice. That is why it is important to know which ones do. Each state even has its policies on this that may not necessarily be the same. They might differ on how to write, deliver, and impose it.
• When is the 3-day notice used?
Let’s say the landlord is located in a state which allows this notice, when can he then use it? He is not allowed to use it if the tenant is only a little late in paying. There is a grace period wherein the tenant is expected to settle his debt. Most states will require a grace period, and the lease agreement must stipulate this.
Once the grace period has lapsed, the notice must be sent out immediately to the tenant to avoid prolonging the problem.
• How should a 3-day notice be written?
As mentioned above, it will vary depending on the location, so the landlord should check the specific laws before writing the notice.
Here are the things to include:
- Tenant Name
- Landlord Name and Contact Number
- Complete Address of the Property
- Amount of Rent Money they owe
- The Date for Deadline for the payment
- What happens if the tenant fails to pay
The landlord can add the required information based on their state laws. They should make sure that the details they reported are true during the grace period. The notice should also include instructions on how to send the payment.
• How is it served?
The most important thing in serving the notice is making sure the tenant receives it. The three days will start on the day they acquire the notice. The landlord can:
- Mail a copy of the notice to the address
- Deliver the notice directly to the tenant who is above 18 years old
- Post the notice on the door but not in a very obvious location
Some states have more specific procedures in serving a notice. It may even require hiring a sheriff to serve it.
There are only two things that will happen in three days. One, the tenant pays the rent and is allowed to continue renting. Two, he is unable to resolve the issue. If the tenant refuses and ignores the notice, the landlord can continue with the eviction process.
If the landlord is lucky, he will not have to push through with the eviction. If not, he’ll have to move on to the next tenant. Hopefully, it will be a better one. And who better to help these landlords than leasing agents like you? You can find new tenants for landlords with unexpected vacancies using Padleads. The site is known for letting you post property listings, and not only that: they will also allow you to syndicate those listings to other well-known websites. You’ll have interested renters in no time.