Tip of the Month - January 2024


EVICTING THE TENANT

Source: Property Management for Dummies
By: Robert Griswold


In order to evict a tenant, you have to first terminate the tenancy by giving an appropriate legal Notice of Termination.  Month to month tenancies generally can be terminated with a written notice of 30 days, whereas leases only expire @ the end of their term  (unless they are renewed or contractually converted to a month to month rental agreement).

Although the terminology varies from state to state, three basic types of legal notices are required, depending on the circumstances:

Pay Rent or Quit notices: These notices are given to tenants who have not paid rent.  The notices require the tenants to pay the rent or move out.  The tenant is allowed from three to seven days to pay in full (depending on the law in your state).

Cure or Quit notices: These are given to tenants who have violated one of the terms or conditions or lease or rental agreement. They give the tenant a limited number of days (determined by state law) to cure the violation, vacate the premises, or be subject to an eviction notice.

Notice to Quit or Unconditional Quit notice: These are the most severe notice and require the tenant to vacate the premises without the opportunity to cure any deficiency.  Most states discourage the use of these notices unless the tenant is conducting illegal activity, has repeatedly violated a significant term or condition of the lease or rental agreement, or has severely damaged the premises.

This web page was updated 12/30/2023.