Server's Corner

You Just Got Served an Eviction Notice - Now What

Our team at Roland Investigations assists in serving legal documents of all sorts. Eviction notices are one sort of legal document that we do. Undeniably, it is stressful when you are on the receiving end of an eviction notice. You might not know what steps you need to take next. Here is why you may have received an eviction notice along with what you should do after the fact.

Without justification or advance notice, a landlord has no right to evict a tenant. Your landlord may sue you if you fail to pay rent or allow a pet to cause damage to the property. Typically, litigation of this nature would be labeled as an unlawful arrest warrant claim. Your landlord can legally terminate your tenancy if they show you broke your lease's terms.

Your landlord may serve you with one of three distinct types of eviction notices. The severity of each varies. Messages of this type include "pay rent or quit," "cure or quit," and "unconditional quit." Knowing what to do next is much easier if you pay attention to the notice you've received.

If a tenant has not made payments promptly, a notice to "pay rent or quit" will be sent, giving the tenant three to five days to rectify the situation.

When you sign a lease or rental contract, you're committing to its restrictions, including the "cure or quit" clause. Tenants will likely receive this notice if they fail to comply with a no-pets or no- smoking policy. Tenants will be given a certain period to "cure" or fix the infraction.

Tenants may be given unconditional notice to vacate the premises if they have committed serious violations of the terms of their lease, such as regularly missing rent payments, vandalizing the property, or engaging in unlawful activities. You will not be given a chance to settle rent arrears or other infractions with this letter.

For the eviction process to continue, the landlord will need to summon you legally if you haven't moved out by the date mentioned in the notice. If you want to challenge the eviction in court, your presence at this hearing is mandatory. If you do not show up to court, the judge will probably find you in support of the owner without you having a chance to defend yourself.

Some potential reasons in defense against an eviction could include the following. The landlord's illegal reluctance to address substandard living conditions, the case was precipitated by sloppy record keeping, or you have evidence that the litigation is retaliation for your repeated demands for expensive repairs.

If you lose the case in court, your possessions will not be thrown out onto the street when you visit the property. The landlord is entitled to have an agent from the local police enforcement agency accompany you while you are escorted from the property. This typically takes place over a few days. This will give you sufficient notice to pack up and leave the premises in good taste.​

This is a rough idea of the potential conclusions when receiving an eviction notice. If you are someone who needs to serve such a notice by a professional third party, contact Roland Investigations.

By Roland Investigations 10-11-2022