It would be nice if this practice were to never take place. It is difficult for both sides as well as expensive. There must be a violation of the rental agreement to allow you to proceed with an eviction. There is only one situation where no notice need be given to the renter. That is where a lease by its terms ends and no provision is made for the renter to hold-over or for the lease to renew automatically. At such time court action may be taken without further notice to the renter. However, it is always better to advise the tenant with a 30 day notice prior to the expiration of the lease, or with a 15 day notice should the tenant be on a month-to-month tenancy.
There are 3 types of evictions. A 3-Day Notice to Pay Rent of Vacate: this notice is used when the renter is behind on rent and can be served any time after the rent becomes due. The notice must give the renter the alternative of paying the rent or vacating the premises. A Nuisance Notice: this is used where there may be loud parties, property destruction, or unlawful activity. It may be when assignment or subletting is being done without the owner's consent. This is to be used in situcations where the renter really can't cure the problem or would start up again on another day. The 3 Day Notice to Perform Covenants of the Lease or Surrender the Leased Premises: This notice is used where the renter is violating the lease but could cure the problem. The renter has 3 days to either cure the problem or move out.
Anyone over the age of 21 years of age as designated by the owner or managing agent can serve the preliminary eviction notice. These notices can be served in 4 ways: 1) Delivering a copy to the renter personally. 2) Leaving a copy of the notice with someone over the age of 13 years and mailing a copy to the residence via regular mail addressed to the renter. 3) Posting the notice in a conspicuous place on the rented premises. 4) Sending a copy via certified mail addressed to the renter at the place of residence
Thursday, October 1, 2009
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