Management One Property Management

Property Manager’s Guide to Eviction Notices: What you need to know

By Melissa Astudillo

 

It’s that time again…the busiest time in a property management company…the first of the month. Rent is due! The constant flow of traffic of residents paying rent, the phone ringing off the hook with promises to pay. The accounting department is on their toes making sure deposits are balanced, landlords receive their money and the dreaded…filing evictions on those that have not paid.

eviction notice

Eviction notices are at the core of property management since undoubtedly there will be lease violation of some kind at one point or another. The laws vary by state; therefore, it is important to be acquainted with the local laws for the successful posting of an eviction notice.

 

In 30 years of property management, we filed 100’s of evictions. Over the course of time, we have created a system to streamline the process of filling evictions on residents.

eviction notice

So, what is an eviction notice?

An eviction notice is a legal tool you use as a landlord to end the lease with the current residents and gain back possession of your property. There are several types of notices which are explained in more detail below.

 

What are some eviction notice time requirements?

  1. If you want to terminate a lease for a resident that has been in the home less than one year, a 30-day notice to vacate is sufficient.

 

  1. If you want to terminate a month to month contract for a resident that has been in the home for over a year, a 60-day notice would apply. The same applies to not renew a lease for someone who has been living in the home for over a year.

 

These timelines are essential to giving proper notice to a resident because an improper notice can derail the time you expect them to be out.

eviction notice

What information do I need to include in the eviction notice?

  1. The full names of your residents
  2. The address of your residents
  3. The date the demand was served to them
  4. Information regarding what the notice is for.
eviction notice

What types of Eviction Notices are there?

  1. There is a 3-day notice to pay or quit: This is used when residents do not pay their rent on the agreed date and are past the grace period. The serving of this notice will be the basis of an eviction case due to nonpayment of rent. Therefore, it is imperative that the notice is thorough in instructions, and contains accurate information.

 

  1. There is a 30- day notice to vacate: This would be used for residents who have been living in the home for less than one year and you wish to end the vacancy at the end of the lease. In this case, you would post/serve the eviction notice 30 days before the end of the lease agreement.

 

  1. There is a 60-day notice to vacate: This notice is used for residents who have been living in the home for over one year and you wish to end the vacancy. It is the same for one-year leases or those with a month to month contract.

 

  1. 3-Day Covenant: This notice would be used in case of a breach of contract. In this case, you are giving your resident 3 days to correct the issue and if no action is taken then you can proceed with the eviction.
eviction notice

Posting the eviction notice:

In most states, the landlord is allowed to personally serve the eviction papers, make sure to check your state guidelines. If your state does not allow it, you can check with the Sheriff’s office or seek a private service to assist you with this.

  

Types of postings:

  1. Personal Service: this means you “personally” hand the paperwork to them. (If allowed by your state). This guarantees that there are no misunderstandings you know they received it straight from your hands.

 

  1. Posting Service: this means the notice would be posted on their door. You can use an envelope to make the delivery more conspicuous if you’d like. For those that avoid being served, this would be a convenient way of posting the notice.

 

  1. Mail: this means you mail out the notice to them using regular mailing services, you can also request tracking and require a signature on the documents to confirm they have received it. Use certified mail with return receipt to confirm service.  You may use USPS.

 

  1. Private server: depending on your state laws you might not be able to use the previous, therefore, the use of a private server would be needed. Most attorneys employ private serving services, you can request a referral from them or by calling the court.
eviction notice

What’s next?

Make sure to follow up on the notice to make sure it has been received. While the time is running on the notice make sure to get acquainted with the documents that need to be filed with the courts. You can do this online or by physically going to the court and getting this documentation. You will also need to know how long to wait after the notice has been served.

 

Once the notice has expired, if no action on behalf of the resident, you are ready to start an eviction case against your resident with the court.

 

Management One offers an “Eviction Guarantee.” We will pay for a basic eviction of any tenant that we placed in your home. We post all notices, file all forms needed, use an Eviction Attorney to carry out the eviction process. We show up for lockouts with the Sheriff and complete all inspections.  We eliminate all your headaches!

 

Related Articles:

California Eviction Notice: What every tenant should know

How much does a tenant eviction cost? A detailed breakdown

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