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Eviction Notice

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While an eviction notice is a legal document that you don’t ever want to have to write or receive, they are a necessary legal tool that any landlord needs to know how to compose and any tenant needs to know how to deal with. In short, an eviction notice is used when a tenant has violated the terms of their lease to such an extent that the land lord has no other legal option available other than evicting the tenant from the premises. Laws regarding when an eviction notice can be given, how they have to be written and what can be done to fight them vary wildly from state to state, so check with the jurisdiction you live in to find out the finer points of writing or accepting an eviction notice.

Most eviction notices can be broken into two main categories, eviction with cause and eviction without cause. If you are looking to give or receive a termination with cause, that means that the tenant has done something to directly cause themselves to be evicted. It could be a situation where illegal activity was occurring in the rented space or it could be something as simple as keeping a pet even though the lease expressly forbade pets. Landlords have two choices when it comes to issuing eviction notices with cause. They can give the tenant one last try to fix the situation or they can simply cut ties and require that the tenant be out in 30 days. In the case where the tenant is given one more chance, they usually have five total days maximum to repair the situation and then the eviction notice can be withdrawn.

If you are looking to give an eviction without cause, the procedure works a little differently. This sort of eviction can be given if there is currently no lease between tenant and land lord or if the lease is set to expire. In this case, most state and local laws require at least a month’s notice, although some require up to three months for the tenant to find a new place since they are being evicted through no fault of their own. State laws in this situation can actually be trumped if you own or run a property that is assisted in any way by the government. Check with the laws in your area.

If the main cause of the eviction is a non payment of rent, many states and locals have much more landlord-friendly laws in place to help out landlords who need rent to stay solvent.

To find a legally written eviction notice for your state or local, you can easily find one online and many sites have free ones that can be downloaded as PDFs and printed out, that way, you don’t have to enlist the help of expensive lawyers to write up a fresh eviction notice every time you need one.

Although both residents and tenants hope that they will never really need an eviction notice, it is helpful to know the laws in your area.

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