Beginning the Eviction Process: Termination Notices

I find the eviction process to be one of the worst parts of owning rental property. Not only can it be time-consuming and costly, but, if done incorrectly, it can lead to a whole host of other problems.

Before beginning the legal eviction process, you must first legally terminate the tenancy through written notice. There are three types of termination notices:

• Pay rent or quit notices are used when tenants have not paid the rent. They give the tenants a limited number of days to pay the rent owed or move out.



• Cure or quit notices are given to tenants who violate a term of the rental agreement. This could mean having a pet when they have signed a no-pets clause, or having noisy parties when they have agreed to refrain from disturbing the neighbors with excessive noise. The notice sets an amount of time for the tenants to remedy the problem, move out or face eviction.



• Unconditional quit notices do not allow tenants to remedy their situation. This notice informs tenants that they must move out or confront eviction. In most states, unconditional quit notices are only allowed under the following circumstances:
  • Illegal activity, such as drug dealing on the premises
  • Serious damage to the property
  • Repeated failure to pay rent

If a tenant is leasing month to month, you may use a 30-day or 60-day notice to vacate without providing any reason in most states and cities. If you lease in a city with rent control, however, it is sometimes required that the notice to vacate is supported by a legally recognized reason for eviction.

If the problem tenant does not comply with the terms outlined in the notice within the specified period of time, you may file a lawsuit to evict the tenant.