Eviction describes the action of a landlord or other property owner removing someone, normally a tenant from a property. Evictions are also referred to as an unlawful detainer.
Eviction Notice for Landlords
In order for a landlord to evict a tenant, they must first provide notice to the tenant. The required amount and form of notice will vary depending on the state the property is located. The three most common notices are:
- Pay Rent or Quit Notices: Used when a tenant has not paid rent and provides a set number of days in which they must move out.
- Cure or Quit Notices: Used when a tenant violates a condition of the lease or rental agreement (ex. no pets clause). The tenant has a set amount of time to cure the violated condition or move out.
- Unconditional Quit Notices: Used when there is no option to solve the situation. The tenant is not given an opportunity to pay or cure. State requirements dictate when these notices may be used.
- Month-to-Month Termination: If the tenant is in a month-to-month occupancy, the landlord must provide the statutorily mandated notice before terminating the tenancy.
If the tenant fails to vacate after the eviction notice is provided, the landlord must file a lawsuit to evict, called an unlawful detainer lawsuit.
If the unlawful detainer lawsuit is successful, the court will issue a judgment for possession of the property. The judgment must be tendered to a local law enforcement officer who will inform the tenant that they must vacate. If the tenant fails to do so, the officer must return to remove the tenant.
Ensuring Eviction Is Handled Appropriately