How to Issue Residential Rent Eviction Notices

Landlord-tenant law covers commercial and residential property. The basis for the landlord-tenant relationship is that the tenant has a property interest in the land for a period of time. The landlord-tenant relationship is based on the specific duties each party owes; these duties can be found in statutes, the common law, or in the actual lease agreement.

Eviction is the process where the landlord removes the tenant from the rented property. Eviction is also (less frequently) called unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment, and repossession. Eviction laws vary greatly among the states. If you need more specific information regarding your state's eviction laws, consult your state laws and, if needed, a qualified attorney in your area.

Notice

Depending on the state, a landlord may be required to give a tenant notice when terminating the leasing agreement for cause (often called notice to quit or notice to vacate). The landlord may be required to give the tenant notice before filing an eviction lawsuit; the tenant may have a short period of time to correct the error. Nonpayment of rent or a breach of the lease is the most common reason for eviction. In some states, a landlord may post an unconditional quit notice, meaning that the tenant cannot do anything to correct the error.

Additionally, in some states a landlord may give a tenant notice of eviction without cause if there is no tenancy or the lease is expiring. Often, in these cases, the landlord may need to give further advance notice. In some contexts, just cause eviction controls are in place, making eviction without cause difficult or legal. Additionally, rent control ordinances or state laws may affect the landlord's ability to terminate the lease without cause.

When dealing with the nonpayment of rent, many states have different rules than the rules for other eviction causes. When eviction is based on a different reason, other than the nonpayment of rent, many state laws make sure the tenant is given a specific amount of time before moving out (such as 30 days after the eviction proceeding). But, when dealing with nonpayment of rent, eviction can occur within a few weeks of the rent's due date. State laws have specific time periods when dealing with nonpayment of rent.

Eviction Lawsuit and Beyond

Once the landlord has given notice, the landlord can bring eviction proceedings if the tenant remains in possession of the rented property. Eviction cases proceed like other civil trials, except they are usually expedited.

Importance of Consulting with an Attorney

If you are facing eviction, it is important to contact a qualified attorney as soon as possible to ensure that the important steps and requirements are fulfilled. A skilled attorney can help you navigate the legal procedures and ensure all your rights are protected.