SHERIFF’S 5 DAY NOTICES TO VACATE
Eviction is the removal of a tenant or tenants from a rental property by the landlord/owner. Depending on the laws of the jurisdiction, there are other terms used for this process, however the term eviction is the most commonly used in communications between the landlord and tenant.
Many landlords and owners are not aware of their legal rights or the current & proper eviction procedures. And, many tenants and property renters are also not aware of their legal rights or the current & proper eviction response & action procedures.
Each state’s laws have its own, very detailed requirements and procedures for landlords who want to end a tenancy, and how termination notices and eviction papers must be written and delivered (“served”) to the tenant/property renter. Landlords and owners must follow state rules and procedures exactly.
In most jurisdictions, it is defined that an eviction may only take place with the support of a law enforcement officer or a representative of the law. In most places, it is illegal for the landlord or owner himself/herself to attempt to force the tenant/property renter off the property, or to force them to move in other ways, like shutting off heat or utilities, or changing the locks. A tenant/property renter facing these types of forces may file a counterclaim against an existing eviction proceeding or sue the landlord/owner.
Notice of Termination for Cause (for a specific reason). There are basically three types of termination notices that a tenant or property renter might receive if violation of the rental agreement or lease in some way include:
Pay Rent or Quit Notices – given when the tenant or property renter has not paid the rent. These notices give a few days (three to five in most states) to pay the rent or move out (“quit”).
Cure or Quit Notices – given to the tenant or property renter if there is a violation of a term or condition of the lease or rental agreement (like a no-pets clause or a promise to avoid making excessive noise). There is usually a set amount of time allowed in order to correct, or “cure,” the violation.
Unconditional Quit Notices – these are the most severe. This would order the tenant or property renter to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, these quit notices are allowed only if the tenant or property renter has:
- repeated the lease or rental agreement clause violation significantly;
- been late with rental amount on more than one occasion;
- caused serious damage to the rental property, or;
- engaged in serious illegal activity, such as dealing drugs on the rental property.
Notice of Termination Without Cause (for no reason). Even if the tenant or property renter has not violated the rental agreement and has not been late paying rent, a landlord or owner can ask a tenant or property renter to move out at any time (assuming it is now under a fixed term lease) as long as the landlord or owner gives you a longer notice period. This would typically happen if the property was being sold or otherwise status changed, like a non-rental property (owner occupied) etc.
3 Day Notice
5 Day Notice
30 Day Notice
60 Day Notice
Notice to Vacate