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Notice to Quit Forms; How to Choose the Correct Eviction Notice

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Notice to Quit Forms; How to Choose the Correct Eviction Notice
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11/16/2011
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It's always worrying when I hear people mention notice to quit forms as

if it's the one and same thing. It's not - Whether you are pushing for a

forceful eviction or a peaceful termination, there is a different notice

to quit for each occasion. Join me as we dig deeper into the major types

of eviction notice forms and lease termination letters:Pay or Quit

Notice: If You are Evicting Someone for Unpaid RentHad enough of all the

sob stories and colorful excuses that your tenant is cooking up to avoid

the rent? Then put an end to the nonsense with a notice to pay or quit -

A formal way of saying, "Cough up the rent quick... or pack your bags and

go."By law, you will need to give your tenant a final warning letter

before evicting him or her - Our pay or quit notice happens to be this

last chance. A 3 day notice to pay or quit (tenant has 3 day to pay the

rent) is most common, but it can stretch up to 5 days if your local laws

are more tenant-friendly.As you can tell, dishing out a pay or quit

notice is a big move - You should only do it if you are prepared to evict

your tenant. If you are blessed with an excellent tenant who's late with

the rent for the first time in two years, a milder late rent notice

should be enough as a gentle reminder.Notice to Comply or Quit: To Uproot

and Evict a Trouble MakerWhether it's by accident or by choice, your

tenants may break the rules from the time to time. This can mean

breaching the your lease agreement terms or running afoul of your

landlord-tenant laws.While little mistakes can be often looked over or

settled with a simple phone call, the more serious and persistent

violations that scream "eviction!"... needs to be handled with a written

comply or quit notice. Some of the more "popular" violations include

keeping pets without your permission, housing squatters and racking up

property damages.Whether you like it or not, you will still have to give

your tenant a final deadline (3 to 5 days) to clean up the mess. Before

you can kick start evictions, you must hand this notice to your tenant.

If your tenant doesn't make corrections, then you have the green light to

take legal action.Notice to Vacate: Peaceful, Formal Method of Ending

Your LeaseNot all notice to quit forms end up and smoke and hostile

evictions: Sometimes you just want a notice to quit that allows you to

end a lease painlessly. In this case, a 30 day notice to vacate is the

very form you will need. Since this is not an eviction notice, it's not

something just for landlords. It's available to tenants as well.Of course

a notice to vacate isn't an escape hatch for you to terminate any lease

at any time. It only works if you have a month to month lease, verbal

lease or a fixed term lease that is expiring soon. For certain types of

tenants (e.g. elderly, government subsidized), you may have to grant them

a longer deadline of at least 60 days.As always I have save the best

(tip) for last: It's not just which notice to quit you choose, but how

you deliver it (we call it proof of service). In short, you don't want to

give the other party a chance to say, " Notice? what notice? I didn't

receive anything from you." Just to play it safe, I recommend that you

either hand over the notice in person or send it by registered mail.


Shared by: mr doen
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