 Evictions, with a few exceptions, (lease expiration, for example), start with an eviction notice, that is providing a written notice giving the tenant an opportunity to do certain things or move out (vacate or quit), or simply to move out within a limited time. It is this notice that places the tenant in the position of wrongfully withholding possession of the rental unit from the owner and gives the court and Sheriff’s office the power to come to the landlord’s aid and evict the tenant from the premises.
Landlords, in almost every situation, must provide the tenant with a proper and correct eviction notice before initiating any eviction proceeding in court, and before the Sheriff (or Marshall) can return possession of the premises to the landlord.
Eviction notices can be divided into two groups:
1. Non-payment of Rent Notices which require the tenant to pay or vacate the premises. This is the most common eviction notice used.
2. Conditional or
Unconditional Quit or
Vacate Notices that either demand possession within a limited time outright or give the tenant an opportunity to. perform some act and salvage his tenancy or vacate the premises.
Notices, where required, are essential to obtaining an order for dispossession. An eviction without a proper notice is a violation of due process of law.
Eviction can be a large expense. Landlords should do as much as they can to avoid it. If you cannot avoid it, do all that is necessary to get it over with fast. |
We are here at the Law Offices of Robert Anderson and Landlord Services to help you support your decision to evict or not to evict your tenant. We have also prepared eviction process charts that will show you each step that is required to evict your tenant and return the premises to you. Keep in mind, though, that while there is such a thing as a process chart, an eviction proceeding is not a process. Each eviction will, in some way, be unique and subject to the judgment and discretion of the human beings, such as judges, clerks, and sheriffs, from whom you are requesting action.
Eviction Notice Process Chart
Eviction Action Process Chart – Uncontested
Eviction Action Process Chart – Contested
A Step by Step Look at the Eviction Process
We welcome your questions and are here to help you.
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