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Have you been Evicted?


Evicted or just given “notice to vacate”?

Eviction or Unlawful Detainer Sounds like an easy question. You would be surprised how many people are unsure of how to answer this question.

An Eviction, or Unlawful Detainer, as they are sometimes referred to, is a legal action taken by a landlord or the Property Manager against a tenant to remove them from a rental property. A Landlord or Property Manager must have cause to file an Eviction, the tenant needs to be in breach of the lease agreement, such as non-payment of rent or allowing criminal activity on the property. A tenant can receive a couple of different notices which, if not properly handled could lead to the filing of an Eviction, such as:

* Notice to Terminate Tenancy with a cause, which allows a tenant to vacate in either 30 or 60 days depending on how long they have resided in the property. If a tenant does not vacate at the end of the allotted amount of time, a landlord or property manager may then file an Eviction to remove the tenant from the property.

* Pay Rent or Quit Notice. These types of notices are normally served when a tenant has not paid the rent due. This notice provides you with a couple of days to either pay rent or move out “quit”.

* Cure or Covenant Notices. These types of notices are typically given for violating a term or condition of the rental agreement, such as a no-pet clause, making excessive noise or excessive guests. Normally you have a provided amount of time to cure or correct the violation. If the violation is not corrected a landlord or Property Manager can take legal action to correct it.

Most tenants mistake receiving a Notice to Vacate or a Notice to Terminate Tenancy without cause as being Evicted. A landlord or Property Manager can serve these types of Notices for many different reasons, such as the owner wants to move back into the property, remodeling the property or putting the property up for sale. Receiving either of these two notices is not necessarily a negative action against the tenant. Usually, if the landlord or Property Manager is contacted they can clarify the reason for the notice. It is important to remember if you have been in the property for longer than a year, you should receive a 60-day notice, less than a year is normally a 30-day notice. Contact your landlord or Property Manager if you need to negotiate additional time. Not vacating the property in the provided amount of time could lead to the landlord or the Property Manager filing an Eviction to regain possession of the property. Communication is key in these situations.

An Eviction can cause harm to your credit and future renting ability.


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Posted by: aaronrobertson on June 17, 2015
Posted in: Prospective Tenants