Eviction is the legal process through which landlords can remove problem tenants from their properties. There are certain scenarios in which removing a tenant may become the best option available to a frustrated landlord.
If a tenant refuses to pay rent, if they repeatedly or seriously violate the terms of the lease or if they become a nuisance to others, landlords can initiate evictions to remove the tenant. Before an eviction is an option, however, landlords generally need to advise their tenants of the issue and give them an opportunity to resolve the matter.
Providing proper notice is, therefore, a critical component of a successful eviction.
How much notice is necessary?
The nature of the issue determines how much notice the tenant receives and how long they have to remedy a situation. When a tenant has fallen behind on payments, the eviction process can move relatively quickly.
Landlords only need to provide three business days of advance notice regarding the need for the tenant to pay what they owe or leave the premises. If they do not do so within that limited window of time, then the landlord can initiate eviction proceedings based on their failure to pay the rent they owe.
Landlords can also use a three-day notice in cases involving lease violations, such as hidden pets or becoming a nuisance. If the landlord wants to remove a tenant who has a month-to-month lease, the landlord generally needs to provide a 30-day or 60-day notice. In cases involving Section 8 subsidized housing, tenants generally receive a 90-day notice prior to an eviction.
Reviewing the situation that has made eviction seem necessary can help landlords ensure they follow the right procedures. Providing appropriate notice is a key component of a successful eviction.