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What is Eviction Notice? How is it Served?

Eviction Notice

The eviction process is a legal procedure in which the landlord can legally remove an unwanted tenant from their property. It is important to understand that this process does not happen overnight, and there are steps that must be taken in order for to send and eviction notice.

The first step in this process would be serving the tenant with an eviction notice. These notices come in many different forms, so it’s important to know what type of notice your state requires before proceeding any further.

After being served with the eviction notice, if the tenant still refuses to vacate then they will have entered into unlawful detainer status where they are at risk of being evicted by law enforcement within 24 hours if they refuse again. This blog post will discuss how landlords can serve tenants with an eviction notice.

What is Eviction?

Eviction is the legal process of forcing someone to leave their home, workplace, or land. Eviction can occur as part of ownership or tenancy law where the current owner, landlord, building manager or contractor seeks someone for eviction.

Reasons might include non-payment on a payment plan on an apartment/condo unit lease agreement, not following rules set by the property owners association for occupants of that particular building, being designated on an unauthorized tenant list resulting in being served with a notice seeking a possession order from a court of small claims division of district court pursuant to CPLR article 7101 et seq.

What Is an Eviction Notice?

eviction notice

An eviction notice is a legal document that’s given to the tenant, by the landlord, alerting them that they have a certain amount of time to pay their rent before being evicted from a property. The intention of eviction notice is to give the tenant the opportunity of voluntarily leaving with less chance of confrontation than if not given any warning at all.

It’s therefore advisable for both parties’ sake to comply with what’s prescribed on it after understanding its content and timeframe before things escalate into ugly confrontations. A notice is usually accompanied with a statement of intent if it expires and there is no response from the occupant.

If there is no response upon expiration, then an eviction notice will be filed with courts or state authorities who will ensure removal. Evictions may also be executed by lien holders under agreements for deed as well as by landlords under month-to-month arrangements who do not provide specific notices according to their agreement.

How Is an Eviction Notice Served?

An eviction notice informs the tenant that his or her presence on the property is no longer deemed legal. Sample wording might be:

  • “You are hereby notified of our intent to terminate your tenancy pursuant to Section XX of the lease.”
  • “You are committing illegal acts.”

A common reason for eviction is non-payment of rent. When tenants of rented housing premises do not pay their rent, landlords must provide them with an order to vacate prior to commencing with court proceedings for forcible entry and detainer.

Must be accompanied by a warning form given in person or via registered mail. A copy can be posted on each entrance door, where they are most likely to be seen by the tenant(s) being evicted.

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