Every landlord or property manager must be familiar with different ways to effectively deal with tenant issues.
For grave lease violations, it may require extreme measures such as tenant eviction. However, evictions must go through a legal process and one of the first steps that a landlord must make is serving the misbehaving tenant a Notice to Quit, according to the guidelines set by the law. Knowing the right process in handling legal documents like this may save you from possible lawsuits.
What is a Notice to Quit?
Before a landlord evicts a tenant, a legal document known as a Notice to Quit must be given by the landlord to the tenant first. The document must state the number of days for a tenant to vacate the rented unit or else, the landlord will file for eviction.
Reasons for Serving a Notice to Quit
There are different reasons why a tenant is being evicted. One reason could be that the tenant violated the terms of the lease. Common examples of lease violations are failure to pay rent, destruction of property, and disruptive behavior.
Another reason for serving a tenant the notice is if the rental property will no longer be available or suitable for residential use, which means that there is no fault on the tenant’s side.
The reason for eviction must be specifically indicated in the notice.
Details to Include
All the names of the adult occupants who must vacate the property must be specified on the notice, along with the complete address of the property, including the unit and floor number.
The Notice to Quit must also be signed and dated by the landlord, or his/her authorized representative.
Serving a Notice To Quit
Before serving a notice, check your state’s eviction laws because the process of serving may vary depending on location.
Some states allow it to be sent via first-class certified mail, while others require the landlord or landlord’s representative to personally serve it to the tenant. In some areas, the landlord must hire a state marshal to serve the notice.
Timeframe for Serving the Notice
Depending on the reason why a tenant is being evicted, the Notice to Quit must be served within a specific number of days before filing for eviction.
Most of the time, it must be served at least 3 days before filing, especially for reasons of grave lease violation. Some cases may require a year’s notice. You have to check eviction laws in your state to make sure.
Notice to Cease
A Notice to Cease is oftentimes necessary to be served before a Notice to Quit. It serves as a warning and an opportunity for a tenant to stop committing a lease violation.
For example, when a tenant causes disturbance to his fellow tenants, he must be given a Notice to Cease such disruptive behavior or activity. If the tenant continues causing the disturbance despite being notified, a Notice to Quit can then be served.
Where a Notice to Quit Leads
After serving a Notice to Quit to a tenant, there are two possible outcomes:
• The Tenant Obeys Notice to Quit:
When the tenant is guilty of the violation and has no means to fix it, he would rather grab the chance to vacate the property with no record of getting formally evicted by a court.
This is often a win-win for all parties; the landlord can get rid of the tenant without going through stressful and costly court proceedings, while the tenant won’t have to suffer the consequences of an eviction record.
• The Tenant Ignores Notice to Quit:
If a tenant feels that he has a chance to keep renting the unit and not go through the hassle of finding and moving to a new place, he might ignore the notice. By doing so, he accepts the risk of getting evicted by court, but at the same time, has the chance to prove that the reason for eviction is unjust or untrue, or the eviction was illegally executed.
If the tenant was wrongfully evicted, the landlord may suffer legal and financial consequences. This is why it is important that before you decide to evict a tenant, make sure there are justifiable reasons that can be proven in court and it must undergo the legal procedure.
You can also decrease the odds of going through stressful eviction proceedings by screening your tenants meticulously to make sure that they are responsible enough to respect all the terms mentioned on the lease.
After you publish your listing to rental property-management platforms like Padleads, perform a thorough background check on all the applicants who will show interest in your property.