Starting The Eviction Process – Notice Required

Proper notice is very important!

The landlord must never forcibly remove the tenant (or occupant) himself or herself.  If the landlord wishes to remove a tenant from his or her rental property, the landlord must use the eviction process—and it begins with proper notice. Before a court will enter a landlord’s request for an Order of Eviction, the tenant must have been given a proper eviction notice.

There are nine reasons specified by law that would allow the landlord to start eviction proceedings.  Several of the lawful reasons describe prohibited behavior. One reason includes, “Violation of a lease provision.” This could be any provision agreed to by the parties when the lease was signed.  Each reason for eviction has a specific amount of time that MUST pass before the landlord may commence a lawsuit—either 24 hours or 7 days or 30 days.

 

24-HOUR NOTICE is required for the following reason:

Illegal drug activity and formal police report filed (lease provision must allow for termination).

 

7-DAY NOTICE is required for the following reasons:

a)      Nonpayment of rent;

b)       Extensive and continuing physical injury to property;

c)      Serious and continuing health hazard.

 

30-DAY NOTICE is required for the following reasons:

a)      Violation of a lease provision and the lease allows for termination;

b)      Forceful entry OR peaceful entry, but forceful stay OR trespass;

c)      Holding over after natural expiration of lease term;  

d)      “Just cause” for terminating tenant of mobile home park; OR

e)      “Just cause” for terminating tenant of government subsidized housing.

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