By Dez Duran-Lamanilao
Landlords should be aware of the rights provided by their position such as the privilege to set the rent, be informed of any repairs, or be given reasonable access to the property to carry out repairs. Similarly, they should also take the initiative in finding out the responsibilities that come with the position. One of which is giving proper notice before carrying out an eviction to avoid unnecessary conflicts or complications.
The eviction procedure varies from state to state. Three notices are usually given by landlords before they can bring a summary of non-payment court proceeding to evict their tenants:
- Pay Rent or Quit notices are given when the tenant has not paid the rent.
- Cure or Quit notices are used after a violation is made on the term or condition of the lease or rental agreement.
- Unconditional Quit notices are used to evict tenants without giving them the chance to pay the rent or correct the lease or rental agreement.
In Alabama, for example, tenants are given seven business days to answer an eviction notice if there is no court date. If the eviction paper (Unlawful Detainer) contains a court date, the date and time indicated in the notice must be followed. Do note that an Unlawful Detainer eviction only allows the tenant exactly one week to appeal. Payments are to be made into Circuit Court so the tenant can remain in the home.
With tenants having their own rights during an eviction process, it is important for landlords to have the capability to follow through with the eviction according to what the law requires. The biggest mistake a landlord can do is not to seek legal and professional help when it comes to forcing tenants to leave the property premises. Getting an eviction protection will allow you to minimize costs and get the property leased again as soon as possible. You do not need that added burden of dealing with the legal aspects of eviction while dealing with difficult and problematic tenants.