Eviction Notices – Keep these things in mind
An eviction is a legal process that must be carried out properly in order to be enforced. You will need to gather up several reasons or “grounds” for your eviction. Each reason may allow for a certain number of days for the tenant to respond to the eviction. There may be cases where you may have to fight for the eviction to take place in the court system, so be prepared.
The Standard Eviction Time Frame
The standard wait time for a Notice to Vacate is 3 business days. So that if you deliver the eviction notice on a Friday your count actually starts on Saturday, you skip Sunday and then you have Monday and Tuesday the third day. Now on the forth day which in this case is Wednesday you can start the eviction process if they have not responded to you favorably with the rent or you and the tenant agree to some new arrangement. Always make sure that everything is documented and signed. Otherwise if you have to go to court it’s going to be a he said she said scenario. The judges does not like to here that. He will just ignore any plea based on that type of problem.
As with any lease agreement there are stipulations and rules that govern such an agreement. With this agreement both the tenants and you the landlord must obey the letter of the law when it comes to renting out your property. That is why it is vital that you properly maintain and keep up with all complaints made by your tenants. The more you obey the letter of the law the more likely you will be able to have a successful eviction.
The Eviction Court System
Every single court system that seems to exist prefers all matters to be at least attempted to be solved outside of the court system. So, if you can show that you acted in good faith to give your tenants notice of your intentions to evict, and gave them enough time to respond you will be better able to win your case.
Now your time that you may give notice to your tenant may be spelled out in your lease agreement. Your lease is going to be what is considered. The law may state you only have to give three days’ notice but if it says differently in your lease agreement, meaning more than 3 days, then you must give your tenant that extra time. A judge will want to see the lease agreement signed by all parties in these types of disputes, that is what is going to govern any eviction ruling or not.
The Delivery Method for the Eviction Notice
Giving notice can be done by hand or you can mail it. We offer a by Hand Delivered Eviction Notice that really gets the tenants attention. Our 3 Day Notice To Vacate puts everything in official mode and they understand you are serious now and the next step is go to court if they do not pay up or move out.
If you choose to mail your eviction notice you must give your tenant at least 5 days to respond. You should always use registered mail with a return receipt to ensure that you have the proper paper trail to prove to the court.
There are times though when mailing won’t be feasible, such as if the mail cannot be delivered. In cases such as that you can leave an eviction notice on the inside of the front door of your property. As well, if you know the tenant has an alarm system on your property but don’t have access to the alarm code you may leave the notice on the front door. Essentially, you can do this if it is impossible to deliver the notice by any other means. We not only hand deliver you notice but we also send a Priority Mail letter so that we have all the bases covered and there is no excuse before the judge.
Tenant Failure to Respond to the Notice to Pay or Vacate
After your tenant has failed to respond you can then go down the county clerk’s office and file for an eviction to take place on your property. It is vital that you have everything documented. Every encounter with your tenant should be written down and the details of your conversations should be noted. The more evidence you can show to the court that you did everything possible to avoid an eviction suit will just simply help your case in the end.
If you are uncertain what the county clerk needs from you to begin the eviction process it is important to call them up. There are many clerks that have lots of experience in doing this and will want all documentation before they begin filing the eviction and scheduling a hearing for your case.
But the best thing to do is let us handle the eviction for you and then you have no worries as if it is being done right. We handle hundreds of evictions a year and you are in good hands.