Eviction Process

There are lots of different types of evictions notices; some involve court and some don’t. Before we get into that let’s talk about renters right first. All renters have certain rights that if violated can prevent a landlord from evicting them. These rights are as follows; right to privacy right to live in habitable unit, access to hot water, electricity, and heat during cold months. If any of these rights are violated, the tenant has the advantage in court if the landlord tries to convict them. Also, a Landlord can not just evict a tenant for no reason they need what is called a “Just Cause.” A Just Cause by legal definition means a “legally sufficient reason.” These reasons are, non-payment of rent, bounced rent checks from the tenant, habitually late rent payments, and broken terms of the lease. (IE; having two dogs when lease agreements prohibited pets.)

The landlord has the option to give a multitude of different eviction notices. One of these notices is a “Cure Or Quit” which in short means fix it or lose it. A cure or quit eviction notice is given to a tenant when the tenant has broken the terms of the lease but the landlord is willing to give them time to fix (or cure) the problem before moving forward with the eviction. Another type of eviction notice is the “pay rent or quit.” This notice is given when the tenant is late on their rent payment (around 3-5 days) and the landlord gives them a set time period to pay the rent and any late fees (if agreed upon in the lease) before the tenant has to vacate the premises. The last notice is an “Unconditional Quit.” An unconditional quit is when the landlord informs the tenant there is nothing they can fix or stay to remain in the rented unit after violating terms or having to many late payments.

If the tenant refuses to move out after any of the notices said above the landlord has the right to file an “Unlawful Detainer.” The legal definition of unlawful detainer is when someone is retaining possession of property without legal right. When filing an unlawful detainer it is not uncommon for a landlord to post a “Notice to Vacate.” A notice to vacate is a notice that is written by either the landlord or tenant giving a notice to leave the premises within a specified time frame, or to demand the same. These Notices include a 60 day notice, and a 30 day notice. A 60 day notice and 30 day notice are notices that give a specific time frame on when the landlord wants the tenant to move out and relinquish the property back to the owner. The eviction process is long and hard for everyone but the outcome and peace of mind at the end of it all is bliss.