Before sending eviction notifications to their tenants, landlords must first grasp the legalities surrounding the eviction process. At some point, you may need to evict a tenant if they do not follow their lease agreement. It’s critical to understand when an eviction notice is required and what should be included in them before you send one. There are numerous reasons for issuing an eviction notice. We’ll go through five of them today.
Professional Eviction Services Can Help
Before we begin, you might want to consider utilizing eviction services to manage your eviction procedures. To avoid court, landlords must follow the rules of their state’s eviction legislation when delivering eviction notices. Landlords should engage the help of an eviction service for the preparation and execution of their eviction notices. From issuing eviction notices to filing eviction paperwork with the justice court and conducting research to working with local authorities to remove unruly tenants, evictions services will take landlords through the whole process.
NMI Evictions is a leading Las Vegas landlord-tenant eviction firm that offers professional and affordable eviction services. For landlords in the Las Vegas region, NMI Evictions provides expert eviction notice services and legal guidance at a reasonable price. Get in touch with NMI Evictions immediately to discuss your and your tenant’s next steps.
Let’s move on to the 5 reasons a landlord needs to send an eviction notice to their tenant. All timeframes throughout the article should be taken as business days, not calendar days:
1. For When Your Tenant Stops Paying Rent
The most frequent reason for a landlord to issue an eviction notice is non-payment of rent or irregular and periodic payments made late or in the incorrect amount. The three items usually specified in this type of eviction notice are the due date of the rent, how much was not paid, and what will happen if it isn’t paid within a certain period.
Normally, if the tenant pays the outstanding rent after receiving a notice to pay rent, they will be permitted to stay on the property. If the tenant repeatedly breaches terms regarding payment of rent, the landlord may pursue an everlasting eviction.
2. For When Your Tenant Violates the Lease Agreement
In addition, if the landlord believes that a tenant has violated their lease agreement terms, they can also serve him or her with an eviction notice. Some landlords ask tenants to work things out before taking formal action against them; however, it is recommended that eviction be filed with the court as soon as possible once violations are discovered since the refusal of an eviction request may occur (this varies from state to state), or your wires might get crossed and your relationship with your tenant could become strained.
Another important detail: If your tenant is a tenant-at-will, you’ll give them a different eviction notice than if they have a formal lease agreement for the rental property. A tenancy-at-will is a type of tenancy in which there is no formal rental agreement between the landlord and tenant. Many times, tenants-at-will will pay rent sporadically, pay less rent, or don’t pay rent at all. So, whether your tenant pays rent weekly, monthly, or not at all, and, if they do not have a lease or rental agreement, they are considered a tenant-at-will and you’ll have to provide them with a different type of eviction notice.
3. For When Your Tenant Won’t Vacate the Property After the Notice Period
When it’s time for them to move out and the tenant fails to leave, you’ll need an eviction notice in order to lawfully evict them. Again, according to eviction law, the landlord must provide proof that eviction notices were delivered to the tenants properly after sending them. Personal delivery or certified mail are two options for proving this under eviction legislation. In some states, there is a waiting period between the issuance of termination notifications and court appearances.
If a tenant receives an eviction notice and fails to vacate the property or correct the problem before the notice period has passed, the landlord will generally serve them with a five-day Unlawful Detainer Notice to Quit. The Unlawful Detainer notice informs the tenant that their presence on the premises is now unlawful, and it demands that they depart within the next five days. If they do not leave, law enforcement may get involved.
4. For When Your Tenant Inflicts Damage Upon Your Rental Property
If a tenant causes property damage, the landlord should serve eviction notices. Some eviction rules demand that landlords prove they were not responsible for the damage, and thus the eviction notice must include information on what repairs are required and how much they’ll cost.
There are a few more circumstances that occur along with this one. If the tenant causes a nuisance, generates a lot of waste on the premises, deals or uses drugs on the property, sublets without permission from the landlord, or runs an unauthorized business from home, they may be evicted.
5. For When You (the Landlord) Want to Live in the Unit
In certain circumstances, a landlord must give a tenant an eviction notice if he or she plans to move into the rental unit. In such cases, under eviction laws, landlords must provide tenants with at least thirty days’ notice before entering a unit or forcing someone out of it if someone is residing in it during that time period.
The thirty-day rule does not apply if the renter is over sixty years old or has a physical or mental disability. If they are sixty or older, they must present documentation proving tenant’s age in the form of a driver’s license or other legal documentation. The landlord will almost certainly have to extend the tenant’s stay if they can prove their age or have a mental or physical handicap.
Follow the Rules for a Smooth Eviction
Eviction is never pleasant, but it is necessary to follow eviction regulations in order to safeguard yourself, your reputation as a landlord, and your belongings. Landlords must understand eviction laws before serving tenants with eviction notices. It’s critical that you know how to go about the eviction process correctly and compassionately, whether you’re evicting someone for nonpayment of rent, a lease or rental agreement violation, refusing to vacate, or just because you need to move into your rental property. If both the landlord and tenant follow civil law, you can expect a smooth eviction process and transition. This includes understanding eviction notice requirements, as well as determining which sort of eviction notice is appropriate for your circumstances.
Hiring NMI Evictions to handle the tough work for you is a smart idea if you’re having trouble with the eviction procedure. They’ll keep you organized, give legal advice, and work hard to complete your eviction as smoothly, quickly, and respectfully as possible. They can assist you in avoiding an eviction lawsuit, court costs, and attorney fees by getting back full control of your commercial or residential property.