A Look Into the Nitty-Gritty of Eviction

Eviction laws are complex and can be confusing for landlords and tenants. Landlords must follow strict procedures to evict a tenant and give written notice of tenancy termination. Only after this eviction notice can the landlord file an eviction lawsuit. Similarly, tenants should know the relevant laws to prepare a strong defense.

The complexity of eviction laws varies in counties and states. Tenant Protection Act of 2019 gives additional protection to tenants who have lived in a property for over 12 months. As a result, landlords must be careful and follow all the rules to avoid having their lawsuits tossed out of court. Since eviction is a civil process, the landlord must provide the tenant with an eviction notice that specifies the reason for eviction, unsettled disputes, and the vacating period.

However, before the eviction proceedings begin, the landlord must offer a minimum 30-day notice to vacate the property or remedy the conflicts during this period. If the tenant is reluctant or needs to act during this notice period, the district court takes up the matter. Typically, a 30-day notice to vacate when a tenant’s lease expires. Eviction also covers month-to-month tenancy or anyone occupying the real estate. However, some laws require the landlord to give a 60-day notice.

Top reasons for eviction

According to law, landlords cannot evict a tenant without a good cause. Of course, there can be exceptions; however, the property owner must have legal grounds and solid reasons to back their tenancy termination decision in most cases. Both landlord and tenant are subject to eviction laws. As a result, the landlord must follow all the rules while opting for eviction; any mistakes can invalidate the process. The reasons for removal can be broadly classified into two categories, i.e., at-fault and no-fault causes for termination. A look into the Nitty-Gritty of eviction and finding homeowners motivated to sell on our platform. A Look Into the Nitty-Gritty of Eviction Leads.

At-fault causes for termination

Long dues & non-payment of rent
Violation of terms stated in the lease agreement
Allowing or participating in acts of nuisance
Unlawful behavior on premises
Engaging in criminal activity

No-fault causes for termination

The landlord decides not to rent its property anymore
Complete renovation works on your property
Sale of the property
Structural demolition works
The owner wants to occupy the house

Whatever the reason for terminating the tenancy, the landlord must try to resolve and settle the issues personally before serving a legal notice. Property owners can also approach tenants through a legal mediator to ensure peace. However, you should always send a legal eviction notice when none of these methods work.

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Frequently Asked Questions

#1: How to respond to a 3-day eviction notice?

Generally, the landlord sends a 3-day eviction notice to perform Covenants or Quit (resolve the issues or move out) in case of severe violation of the lease agreement or long payment dues. So, if you have received a similar eviction notice, you can respond in either of the following ways:

Clear the due payments and agree to the landlord’s terms
Move out within three days of receiving the notice
Challenge the eviction notice and wait for the legal proceedings to begin

#2: Filing Eviction with the Court?

Depending on the court, the eviction process may take 30-45 days or more. It starts when the eviction court forms are delivered to the tenant’s place and ends on the final day they must move out.

#3: How do you serve an eviction notice?

Serving an eviction notice is a multi-step process followed by a lawsuit. In such cases, the landlord is the plaintiff, while the tenant is the defendant. As a landlord, ensure you have the legal grounds to evict the tenant. After that, serve the tenant with appropriate notice of 30 to 60 days, depending on the situation. Often, the tenants claim that the message needs to be done appropriately. So, could you hire an attorney to include all the necessary information?

#4: Can I be evicted right now?

No, immediate eviction is illegal, regardless of the situation or how long you’ve been residing in a property. In case of any lease violation or outstanding rent dues, the landlord must offer a three-day notice within which you can make the necessary fixes to settle the matter before it reaches the court.

#5: How long does it take to evict someone?

Suppose the tenant refuses to fix the issues during the 3-day notice period. In that case, one has to file an eviction lawsuit followed by a court trial that either dismisses the case or orders the tenant to move out, depending on the reasons and evidence presented in court. As a result, the final eviction may take 30-45 days or even longer.

Investor tips for real estate deals

A wholesale deal is a short-term real estate investment strategy investors use to realize relatively fast profits. Wholesale deals start with investors finding properties that can be purchased for less than their market value. Once an agreement has been identified, wholesalers may execute one of two wholesale strategies: pay cash, write a check with a quick deed transfer, or use the “contract assignment” strategy with a “double close.”

As its name suggests, the double close strategy will have the investor buy the home from the seller so that they may turn around and sell it for a profit to another investor in a short period. On the other hand, the assignment of contract strategy will not require the investor to purchase the home. Instead of buying the property, wholesalers may sign a contract with the property’s current owner, which gives the investor the sole right to purchase the home. Otherwise known as a purchase and sale agreement, the contract may be sold to a subsequent end buyer for a small profit. That is an important distinction to make, as the assignment of contract strategy will have wholesalers sell their rights to buy the home—A Look Into the Nitty-Gritty of Eviction.