Each of the 50 states is a sovereign entity, and each has its own procedure for in listing the assistance of the law in dispossessing a tenant. All share the common feature of notice and an opportunity for the tenant to be heard before a law officer removes them from the property, i.e., due process. Evictions, with a few exceptions, start with a notice of some sort, giving the tenant an opportunity to do certain things or move, or simply to move within a limited time. It is this notice that places the tenant in the position of wrongfully withholding possession of the rental unit from the owner and gives the law the authority to come to the ownerâ€™s aid. There are many protections under the law for tenants as there are many legal rights that can be easily exercised by landlords to evict tenants who fail to comply with the any oral or written rental or lease agreement.
Eviction notices can be divided into two groups. Yours seems to fall into the latter:
1. Non-payment of Rent Notices-most of which the tenant must pay or vacate the premises. These are the most common eviction notices used.
2. Conditional or Unconditional Quit or Vacate Notices â€“which either demand possession within a limited time out right or give the tenant an opportunity to perform some acts (correct or cure), other than pay rent, or vacate, at its option.
While REALTORS have real-world experiece and anecdotes in matters of landlord-tenant law, we are not attorneys.
So where to start to get general answers? Try the link below. Hop this helps!
The Bremner Group at Coldwell Banker
REALTOR, 00588885, ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
For more on managing apartment buildings, check out http://kagansblog.com
The reason I am saying this is because you are asking for legal advice from licensed Realtors who have no capacity to give such advice in legal matters.
Hope this helps.
Web Reference: http://www.DavidNewHome.com
Have a blessed day!
I would suggest you look up the yellow pages (yes, remember those? They had them b4 the internet!) and look out a Landlord Legal Services law firm and you can call them and they will probably tell you what you need to do over the phone...
I would let them handle it, because the forms and process are very, very finicky... I have done dozens of evictions because we manage properties and I always have a law firm handle them...