Fri August 26, 2011, 6:00am
Eviction Notice InformationEviction notice is a formal note exchanged between the landowner and the tenant that requests the tenant to vacate the rented property. It is served prior to commencing any legal proceedings, unlike the popular belief that eviction notices are legal documents. Hence, if the tenant receives an eviction notice, it indicates that he/she has violated the terms in the rental agreement. Usually, the notice is hand-delivered by a person of 18 years or above. Alternatively, it can be sent via the registered mail.
Types of Eviction Notice:
Eviction notice can be classified under two broad categories:
1. Eviction Notice - Mediation Allowed
2. Eviction Notice – No Mediation Allowed
Eviction Notice - Mediation Allowed
In the absence of prompt rental payments or no rental payments, eviction notice with mediation is allowed, if the tenant is willing to pay. It serves more like a warning and can be avoided if the tenant resumes the payment on time. Akin to non-payment of rent notices, eviction notice is written with the objective of resolving a violation of the lease agreement.
Eviction Notice: No Mediation Allowed
Under this category, the eviction notice forbids the tenant to make any property enhancements on his/her part and instructs the tenant to vacate the property, immediately, without giving any second chances. Such an unconditional eviction notice is sent to tenants, who have committed grave violations of the lease agreements.
Defining Eviction Notice:
Eviction notice features the description of the rented property, tenant’s name, address of the hired property, and reasons for eviction. Further, it will explain the duration of time provided to the tenant to act, by correcting the problem, paying the rent or vacating the premises. The signature of the landowner with the date completes the eviction notice.
It is important to note that different countries and states have varied laws. Therefore, every eviction notice is drafted accordingly.
Avoiding Eviction Notice:
Tenants can completely avoid receiving eviction notice by loyally following the given terms and conditions in the lease agreement. Should an ambiguity arise, knock the doors of the landowner to receive clarification. Failure to abide by the lease agreement may result in the eviction notice. Remember, receiving eviction notice damages your credit ratings, and eventually obtaining a new lease becomes a never-ending challenge.
Usually the state laws facilitate the property owner to furnish an eviction notice to the tenant, if the tenant is found guilty of violating the rental agreement. However, the use of physical force is prohibited, if the landowner is found guilty of charges then he/she may suffer at the hands of law. The landowner must bestow a reasonable period for vacating the property. It must be given in writing and holds legal binding.
If the tenant fails to pay rent for over two months then the landowner has full right of serving him/her with eviction notice. Often, the state law allows the tenant to remain in the property and enjoy it, if he/she reimburses the full amount within a specified period of 2-5 days. Upon repayment of the rent, the tenant continues to stay at the property and the eviction notice stands cancelled.
Eviction notice is also furnished to a tenant in situations where he/she may have destroyed the property or violated the lease by re-modelling or building the house.
Before the eviction process can take place, landowners must fill up a notice form, stating the reason and other essential details of the property and tenant. It is important to mention even the miniscule detail that the tenant has performed to support your eviction form.
Upon completing the notice, the landowner must personally deliver the written document to the tenant. Proof of delivery should be available for any future correspondence. You can deliver it via the registered postal service, or sent it through courier; if you cannot personally deliver the same.
Upon acknowledging the eviction notice, the tenant has a specific frame of time to respond. Depending on the gravity of the current situation, landowners can either provide tenants the opportunity to prevent themselves from being evicted, or allow them a feasible period to vacate the property.
Even though eviction is a hideous process, but one has to undertake and undergo the same, if the need of the hour demands it. Dealing with the problem head-on is the fastest and easiest way to bat out of eviction.
Selecting Appropriate Eviction Form:
1. Pay or Quit Notice: Evicting Tenant for Unpaid Rent
2. Notice to Comply or Quit: To Uproot and Evict a Trouble Maker
3. Notice to Vacate: Peaceful, Formal Method of Ending Your Lease
If you are evicting your tenant due to faltered rent payments, then you can furnish a letter of warning prior to preceding the eviction. A 3-5 days notice period to pay or quit is expressed by the Pay or Quit Notice.
To evict a rabble-rouser, who often breaks the rules and regulations as mentioned in the lease agreement, then the assistance of Notice to Comply or Quit can be sent.
Sometimes, eviction is required to vacate the property for renovation or the landowner desires to make it his/her permanent residence. Hence, eviction notice that informs the tenant to vacate the premises in a peaceful manner forms the essence of Notice to Vacate: Peaceful, Formal Method of Ending Your Lease