On What Conditions can you Serve Eviction Notice to Tenant?

Eviction noticeIt is not enough that you are the landlord of a property and has the right to evict a tenant as and when you wish for both tenant and the landlord must abide by the law that stipulates certain conditions. This means an eviction notice must be sent or served properly so that there is no ambiguity over the reason for doing so.

This also means that the tenant must have failed to comply with one or more of the conditions of the rental agreements he may have made with the landlord. If the eviction notice by the landlord fails to yield any response from the tenant even after the former had sent it properly then eviction court process may be initiated.

Filing of lawsuits against tenant

If you are a landlord then you may only proceed with an eviction lawsuit only after you have legally terminated the tenancy as per the law. This means that if you are dissatisfied with the tenant’s behavior, purposeful violation of rules as laid down by contract you have with the tenant or wrong doings by the tenant then you may need to initially send a written notice as laid down by the respective state’s termination statute.

The wrong doings or deliberate unruliness or inappropriate use of premises may be anything and may have caused damage to the landlord, tangible or intangible, and therefore contrary to the agreement signed between them. If the tenant has not paid the rent then the landlord may give the tenant a few days or even ten days to settle the dues.

If the rent is not paid by the tenant then the landlord may start with the eviction process at once. Again, the tenant may use the premise in an improper way or may carry out anti-social activities or simply make excessive noise that disturbs the neighbors then the landlord is within the right to exercise such an action.

The landlord on the other hand investigating the matter thinks that it may be a case where the tenant may rectify then he or she may serve no notice, but give ample time for the tenant to cure the violation.

Harsh actions and termination

Sometimes, the landlord may take the harshest of the action when he or she thinks that there is no need for the tenant to be given further chance of paying rent or correct the violation. In most cases such unconditional notice is allowed by law only in certain extreme cases.

These may be done when the tenant has violated a part of the rental agreement that has direct negative bearing upon the mutual trust, or when the premise has been seriously damaged the repair of which may cost the landlord a good deal of money or when the premise has been used by the tenant for any illegal activities.

If the tenant wishes to avoid being removed then he or she may also approach an advocate to learn how to stop eviction and continue staying in the rental space.

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