There are many situations that can arise during a tenancy which inevitably result in an eviction being necessary. While a landlord would prefer to remove a problematic tenant as quickly as possible, an eviction lawsuit cannot proceed without first terminating the tenancy. In order to do this, a landlord must give written notice to the tenant in the form of a notice to quit or notice for termination. Basically, there are two types of notices for termination; a notice for termination with cause and a notice for termination without cause.DocumentNotice to QuitStart My Document
Notice for Termination with Cause
A notice for termination with cause is used by a landlord to remedy a situation in which the tenant has failed to fulfill a portion of the lease agreement, such as:
- failure to pay rent,
- famaging the property, or
- violating one or more terms of the lease agreement.
A three-day notice to quit is most often used when a tenant has failed to pay rent and the landlord wants to remedy this situation as quickly as possible.
A cure or quit notice is used when the tenant violates a condition of the lease agreement such as allowing someone to live on the premises who is not in the lease agreement or keeping a pet that was not approved by the landlord. Unconditional quit notices are used to order the tenant to leave the premises without the chance to remedy the situation. This is used for a serious breach of the lease agreement or chronic late rent payment.
Notice for Termination without Cause
The notice for termination without cause is utilized by landlords to end a tenancy where the tenant has not done anything wrong. These types of notices to quit are frequently used by landlords who wish to raise the rent and need to remove the tenant in order to do so. A 30-day notice to quit is used to end the tenancy of month-to-month rentals or a lease agreement that has been in existence less than one year. A 60-day notice to quit is most frequently used to end a lease agreement that has been in existence for at least one year.
Serving the Eviction Notice
If one of the above notices to quit has been served and the tenant refuses to vacate the premises, then the landlord must initiate an unlawful detainer lawsuit in order to evict the tenant from the premises. Once the landlord has received a judgment from the court they can then turn the matter over to local law enforcement for the process of the eviction. Under no circumstances should a landlord initiate the actual eviction on their own. Notices of termination and eviction laws vary from state to state so it is always a good idea for a landlord to consult with a local attorney prior to initiating eviction proceedings.