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Eviction Notice
An eviction notice ( or an eviction letter ) is a legal document used by a landlord to evict a tenant for not complying with the original terms of the lease or rental agreement.
In some cases, the landlord may believe the problem is not fixable and send what’s known as an incurable eviction notice.
In the case of an incurable eviction notice, the tenant has no choice but to vacate the property within a certain number of days.
Even if the landlord serves an eviction notice, the tenant has the right to stay on the premises until a judge hears from the landlord and the tenant.
Types of Eviction Notices
As a reference, there are three kinds of notices:
1. Pay Rent or Quit Notices (“Failure to Pay Rent”)
The tenant has 3 to 5 days (check your local housing laws) to pay rent or leave.
Most state eviction laws agree that tenants should pay their rent on time.
More than a third of the states require landlords to give a minimum 3-day eviction notice when rent is late or overdue, while almost a quarter of the states require a minimum of 5-days, and only six states require 7-days.
2. Cure or Quit Notices (“Lease Violation”)
Tenants have a certain amount of time to correct or “cure” a problem like violating a no-smoking or no-pet policy.
Otherwise, they must leave or “quit” the premises.
States vary widely on the minimum number of days a landlord should give tenants to cure the default (i.e., no longer violate the lease provision).
If a tenant has broken one of their promises in the lease agreement, nine states require that landlords give tenants a minimum 3-day eviction notice.
Interestingly, eight states do not require a minimum notice since the lease already spells out the obligations, and the tenant is perhaps assumed to have broken the lease knowingly.
3. Unconditional Quit Notices (End “Month-to-Month”)
The tenant cannot pay rent or correct the problem because, on multiple occasions, they have:
failed to pay rent on time violated the lease agreement seriously damaged (or is currently damaging) the premises committed a crime on the premises (like selling drugs or running a prostitution business).
Most states (more than ⅔) require only a 30-day eviction notice to end a month-to-month or holdover tenancy, but some states like Delaware and Georgia provide a more tenant-friendly 60-day notice.
Landlords also use unconditional quit notices to end an unwanted landlord-tenant relationship with someone who has overstayed their lease (i.e., a Tenant at Sufferance).
Notice Periods & Laws
Author | – |
Language | English |
No. of Pages | 3 |
PDF Size | 1 MB |
Category | Form |
Source/Credits | eforms.com |
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