An eviction notice is a vital part of the eviction process. No further action can be taken until an eviction notice has properly been served. There are specific situations in which an eviction notice may be served, although some types of eviction notices must offer an alternative course of action for the tenant.
Types of Eviction Notices
The first type of notice is a 3-Day Notice to Pay or Vacate. This notice allows the provision for the tenant to pay their rent, or whatever other amount is due, and remain living on the premises. Otherwise, the tenant must vacate the premises in 3 days.
Another type of eviction notice is a 3-Day Notice to Comply with Rental Agreement or Vacate. This type of notice is allowed when the tenant is failing to comply with the rental agreement, but changes can be made so that the tenant complies. If the tenant does not change in compliance with the rental agreement, they must vacate the premises within the 3 days.
In situations with month-to-month lease agreements, or when nearing the end of the rental term, a landlord may serve a Notice to Vacate by End of Rental Period. In most states, this notice must be served at least 15 days before the end of the rental period. This notice does not need to provide the tenant with additional options.
For situations with no oral or written rental agreement, the landlord may serve a 5 Day Notice to Vacate to Tenant at Will. The landlord is under no obligation to provide additional options to the tenant. These situations occur when guests refuse to leave, when a rental agreement has expired, or when the property is sold to a new owner.
What Conditions Must Be Met To Serve an Eviction Notice?
In order for a landlord to serve a 3 day eviction notice without offering alternative courses of action for the tenant, one of the following conditions must be met.
- The tenant has assigned or sublet the premises contrary to the rental agreement
- The tenant is causing damage to the property.
- The tenant conducts an unlawful business on the premises.
- The tenant has violated a term of the rental agreement that cannot be corrected.
- The tenant commits a criminal act on the premises
Eviction can be tricky to navigate. There are many laws concerning both the tenants and landlords. To be certain that you are not in violation of any such laws, consult with an experienced attorney. For superior legal representation involving evictions, contact us at LeBaron & Jensen today!
