are valid reasons to evict a tenant). If the tenant has not cured the violation within the time frame set forth in the notice to quit, you can now go to your local county courthouse by bringing a copy of the Return Receipt and filing for the eviction. Depending on your economic situation, you may qualify for subsidized or free legal services. There are mainly 3 different ways a tenant can violate their lease: Failure to pay rent, non-compliance issue, or by committing an illegal act on the property. Communicate and be flexible with the tenant, allowing them more time to cure unpaid rent. With a little bit of research, you may also discover that your local or state government offers helpful landlord-tenant services. If the Tenant has not violated the lease, a Landlord may not ask the Tenant to leave prematurely before the Terms of the Lease have expired. The Tenant has 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. Here are a few possible sources of additional help: Another option is to simply appear before the judge without legal counsel, also known as appearing pro se or “for yourself.”. Most states allow Landlords to begin eviction proceedings in court immediately. The process makes sure that both the Tenant and the Landlord receive fair treatment. This form may be given when the tenant has failed to pay rent. The Landlord MUST use the court-administered eviction process to remove the Tenant from the Premises. See the chart below for a few variations. It also notifies the Tenant that both parties may need to go to court to continue the eviction process. If you receive an eviction notice, try the following immediately: 1. Common reasons for using this notice include a tenant being late on rent, violating the terms of their lease, violating a law (e.g. Landlords in Utah are empowered to evict tenants for the following reasons: Nonpayment of rent – If a tenant fails to pay rent then the landlord may issue a 3-Day Notice to Pay or Quit after any applicable grace period. If a Landlord does not strictly follow the proper procedures, the Tenant can challenge the eviction process on a technicality and force the Landlord to re-start the whole process. 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. Where 4. If you fail to leave after the final day, the landlord can order the local sheriff to physically remove you and your personal belongings out and onto the street curb. This means that the court will move forward with the case very quickly, and the Tenant has a short time to respond to the lawsuit. The Landlord MUST receive a court order or judgment from the court to make you leave. Reason for Eviction and Corresponding Notice Titles, Most states give more protection to a “Tenant at Will” than a “Tenant at Sufferance.”. Both notices let your renters know that you are electing to end the tenancy. Follow the Eviction Laws in your State. The Utah Investigative Journalism Project reviewed more than 1,000 eviction cases, among them 390 cases in which the Cullimore firm later sought to add damages to old evictions. The average cost to evict a Tenant is more than $10,000, according to an article by Cozy in the August 2015 edition of Landlord Property Management Magazine for the San Francisco metro area. Be sure to include any room or apartment number as part of the street address, if it applies to your type of housing. Having been evicted, you may find it is harder to find housing in the future since a rental application usually requires a background check. Ultimately, only the courts have the power and authority to decide whether an eviction can legally take place. Once the notice period has ended, a landlord will have to choose the court in which to file the Summary Process Action. The complicated and detailed statutory procedures for an eviction process tries to protect the rights of BOTH Landlords and Tenants. Only the judge has the final say in whether the Tenant must leave.
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