When Can a Landlord Evict a Tenant?

Landlords may begin the eviction process when a tenant has:

• Failed to pay rent (landlords can serve a Three Day Notice to Pay or Vacate the Premises even after one (1) day after unpaid rent
• Violated the lease agreement
• Used, produced or distributed a controlled substance on the property

Three Day Notice to Pay or Vacate Premises

The first step of the eviction process is serving the Three Day Notice to Pay or Vacate Premises after the tenant has failed to pay rent.  This notice informs the tenant that they have three (3) days to pay or vacate the property.  The Three Day Notice to Pay or Vacate Premises should include:

• The names of ALL tenants and address of the rental property
• The amount of rent past due
• Statement that the tenant has three (3) days to pay rent or vacate the property or else an eviction lawsuit will be filed
• Landlord or authorized agent signature and date

The Three Day Notice to Pay or Vacate Premises should be posted in a visible place on the rental property and a copy mailed to the tenant or personally delivered to the tenant.

Filing a Lawsuit and Going to Court

If the tenant fails to pay the full rent due or vacate the premises, the next step is filing an unlawful detainer lawsuit to regain possession of the property.  Landlords are entitled to an expedited trial.  We highly recommend seeking the assistance of a qualified landlord attorney to ensure this process runs seamlessly and without delay.  In most cases, the tenant will be ordered to pay attorney fees and costs when the landlord prevails in court.  Call or inquire today for a free consultation with landlord attorney, Diane Redal.

The information on this site is not intended to be relied upon as legal advice. If you have legal questions, you should consult with an attorney for individual advice regarding your specific situation.