If you are a landlord, you may need to evict a tenant for any one of a number of reasons. Some common reasons for evicting a tenant could be a failure to pay rent, destroying the property, or committing a criminal offense. An eviction letter may be a necessary step to induce a tenant to move out. As a property owner, you need to comply with local and state laws in drafting and serving an eviction notice.
If the tenant does not pay up or move out upon receiving the notice, a property owner may visit court and file an eviction case to evict a tenant. The eviction process is also known as an unlawful detainer case. The owner should file a summons and complaint with the court of the county or district within which the rental unit is found. The court can set a date for a hearing before a judge, and thereafter the tenant is notified of the upcoming lawsuit.
Rent is usually due on the first day of each month, even though the beginning of the month may be a weekend or vacation. The owner is not needed to give the tenant a grace period before charging a late fee or taking steps toward eviction. As shortly because the tenant fails to pay rent once it is due, the owner will begin taking steps toward evicting the tenant.
As shortly as a tenant fails to pay rent, a landlord will provide the tenant a three-day notice. This Notice Must Include and inform the tenant that if he is unable to pay rent within three days of receiving the notice, then the landlord can begin eviction proceedings against the tenant.
How to Write a 3-Day Notice to Vacate?
Now that you understand a lot of concerning this notice, you will be curious about the way to write a 3-day notice to pay or quit.
Before starting, keep in mind that, as we have mentioned, each state has its protocols and procedures concerning what info must be enclosed in an eviction notice like this one. However, you ought to make certain of your state law before sending out an eviction notice to be safe.
Serving Your 3-Day Pay or Quit Notice
Dropping a pay or quit notice into a tenant’s mailbox may appear just like a fast and straightforward resolution. However, there are legal procedures that dictate precisely how things will go. However, you must serve it on the tenant in the manner set out by law. Use these steps to deliver the notice if you can’t hand it to him personally:
- Never provide a notice to a tenant below the age of 18 directly.
- Mail a facsimile via certified mail to the tenant’s address
- Post a copy to their door in a conspicuous location.
No matter how you deliver the notice, you need to do it a way that ensures the tenant is sure to receive it. When the tenant has received their copy, the 3-day waiting period begins.
After 3 Days Pass
The tenant has three days to reply to your notice. They will respond in completely different ways. Pay any unpaid rent, and applicable fees to stay within the property; you will be able to rent the property to the present tenant still.
- Dispute the allegations; you may file for eviction.
- Refuse to pay; you may file for eviction.
- Ignore the notice; you may file for eviction.
If a tenant tries to pay you a partial payment, you need to refuse it to continue with the eviction method. If you settle for a partial refund, a court might not approve your eviction case.
The Court System
If you do not receive full payment from the tenant, it is time to file for eviction. You may try this in line with your native laws sometimes by visiting the local courthouse and paying a fee to register for eviction. The court can then contact each you and therefore the tenant with court dates, and you may visit court to present your proof for evacuation.
It is vital to possess all of your documentation prepared and be ready for a small amount of back-and-forth with the court system.