Posted in Blog  
  on Aug 31, 2012

When to Use a 3 Day or 30 day Eviction Notice

When it comes to having rowdy, rude and unbearable tenants, there is nothing more a landlord can do than evict them. Fortunately, in some States there is also the ruling that allows the landlord to evict the tenant even if nothing has happened, and if something has happened, well then it is just cause for the effect to take place. There are three types of eviction allowable by the Landlord and Tenant Act.

A landlord can use a three day eviction notice if a tenant violates the terms of lease or rental agreement. There are different types of three-day notices in use. For instance, you can use a Three Day Notice to Pay Rent or Quit. The notice asks the tenant to pay the rent in full within three days before the landlord could take a legal action. The notice is cancelled if the tenant pays the rent before the expiry of this deadline of three days. In case the issue is not related to rent and is about violating some other provisions of a rental agreement, the landlord can opt for a Three-Day Notice to Perform Covenant or Leave. This notice requires the tenant to correct any violation within three days; however, it should clearly state the violation that the landlord wants stopped.

In addition to these three-day notices, you will also find some landlords use a 30-day notice. One can perceive that this notice is as severe as the 3-day notice but has relatively more room to breathe simply because the tenant has time to respond to the eviction notice. Even after receiving this notice, the tenants can find a way to avoid eviction. But at the same time, the 30-day notice also gives the landlord more time to think exactly how they want their tenants to behave. All the conditions that apply for the 3-day notice also apply for the 30-day notice, but some stipulations may vary a little. For instance, some States don’t require the landlord to explain exactly why they want the tenants to move out – it means the State’s laws give full rights to the landlord regarding the eviction process. However, in other States, evictions can be unlawful, and that’s usually when they are discriminatory or retaliatory.

What it means is that no matter what type of a notice you want to send, you should always take your time and first learn a bit about the laws prevailing in your State. Remember, if your tenants are actually wrong and have done something, the process will favor you and if you are wrong, then you cannot expect the court to favor you, even if you have used the right notice to inform your tenants about the violations.

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