Evicting tenants can become a messy business, if the right set of rules are not followed. The first step that a landlord and Gastonia property management firm has to take is to legally terminate the tenancy. Only after legally terminating the tenancy will you be able to begin the process of eviction.
How to legally terminate a tenancy?
Different states have different laws when it comes to ending a tenancy. In general, it requires giving the tenant written notice on the basis of the specifications laid out by the termination statute in your state. Filing a lawsuit to evict a tenant is the last resort that must be taken only after the tenant has ignored the tenancy termination notice. For instance, after sending the tenant the tenancy termination notice, if the tenant does not move out in time, you may file for eviction.
In case, the property management firm or landlord were trying to change a particular behavior displayed by the tenant (not paying bills on time or keeping a pet against the express wishes of the landlord), and the tenant fails to reform, an eviction lawsuit may be filed.
Primary Types of Termination Notices
There are two basic categories of termination notices – those that are sent with cause and those that are without cause.
v Termination with Cause: Termination notices that are sent by landlords owing to the tenant’s misbehavior are deemed notices with cause. Pay rent or quit, correct/cure the problem or quit, and unconditional quit (in cases where the tenants have repeatedly violated rental agreement clauses, paid rent late or severely damaged the property) are basic types of ‘Termination with Cause’ notices. Gastonia property management may also choose to serve an Unconditional Quit Termination if the tenants are found to be engaging in illegal activities like drug dealing in the rental home/premises.
v Termination without Cause: A ‘Notice to Vacate’ may be sent by the landlord or Gastonia property management even when the tenant has not done anything wrong. Such a notice would offer the tenant a 30 or 60-day period in which to vacate the home. However, these notices may only be used in the case of monthly tenancies. Even so, most tenant-friendly states and rent control cities do not allow such a notice without a reasonable cause.
Even after receiving a legitimate notice if tenants fail to leave or fix the problem, landlords and Gastonia property management can begin an eviction lawsuit, also known as unlawful detainer (UD) lawsuit.