Living in your own home has a lot of benefits of its own, but not everyone can own a dwelling; they have no choice but to rent an apartment. If you are renting an apartment or house, then you have to be careful about some things. Before renting the apartment, you have to agree with the landlord about all the terms and conditions for renting, which is called a lease contract. Before anything, you have to make sure that you can obey every term and conditions of the lease, or else the landlord will have to evict you from the apartment.
However, he has to give you an eviction notice. There are two types of eviction notice: eviction for cause and no-fault eviction.
Eviction for Cause
Depending on the lease, your landlord does not always need a reason to evict you. If you have a fixed-term lease with the landlord for a period of 12 months, the landlord cannot evict you until the period of 12 months is up unless you do something contrary to the terms and conditions of the lease. Only then can the landlord force you to leave before the time is up. This type of eviction is known as “eviction for cause.”
For example, if you forget to pay the rent for a couple of months, and the landlord already warned you and you still didn’t pay the rent, then the landlord can give you the pay or quit eviction notice. This notice provides you with some days to pay your past-due rent or move out of the apartment. In most states, it is three to seven days.
If you violated the no-pets term or damaged anything on the property, then the landlord can give you the cure or quit notice. This notice will provide you with some days to fix a violation of the lease or move out of the apartment. If you fix the problem, then the lease will be carried on. As usual, the landlord can not forcefully evict you from the apartment.
The harshest type of notice for eviction is a three-day unconditional quit notice. This notice orders you to move out of property immediately; there is no second chance. This kind of notice is given in the laws of most of the states if you are a serial offender. For example, you failed to pay more than once or you have repeatedly violated the terms and conditions of the lease.
No-Fault Eviction
When you are living in a rented (as opposed to leased) apartment, the landlord has the authority to make you leave. Even if you have paid the rent on time, if the landlord wants, he can still ask you to leave. Most rental agreements are month-to-month tenancies. It means that the rental will continue to be stable as long as you give rent every month on time, but they do not have a fixed end date. Even a fixed-term lease can turn into a month-to-month tenancy if you continue to live on the property after the fixed term expires. In these types of tenancy, the landlord can give you a 30-day eviction notice at any time for any reason or no reason at all.
The notice is called “no-fault eviction notice” because the tenant does not have to do something wrong to receive this notice. The notice officially declares that the landlord wants you to vacate the property within 30 days.
According to most of the states’ laws, if you have been renting an apartment for less than a year, 30 days is the correct period for the eviction notice. If you have been renting the property for more than a year, the landlord has to give you 60 or 90 days notice of eviction.
If you got an eviction notice, you have to defend yourself. Defending in court is a very tough job. You have to be knowledgeable about the law regarding all these legal issues. It will be a lot easier for you if you hire an experienced eviction lawyer. Some law firms can help you by giving you consultancy and also help you with finding an experienced eviction lawyer, and one of them is Express Evictions.
