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Eviction Procedures

Eviction Procedures

3-Day Nuisance Notice

  • Committing or permitting a "nuisance" on the rental property
  • Committing or permitting "waste" (damage or destruction) on the rental property
  • Setting up or carrying on any unlawful business on the rental property
  • Violating a controlled substance law

If the tenant does not correct the problem or move within 3 calendar days, the landlord/agent may apply for a 5-Day Unlawful Detainer.

3-Day Foreclosure Notice
When the property has been sold. Must be followed by a 5-Day Unlawful Detainer. Please consult an attorney to expedite the process.

7-Day Notice to Pay the Rent or Quit the Premises
This notice is for non-payment of rent only. If the tenant pays in full, the notice is no longer valid and the tenant stays. The landlord does not have to accept partial payment. If payment has not been made to the landlord in 7 Judicial Days, the landlord/agent can file for a Summary Eviction.

5-Day Violation of Lease
If a violation in the contract has been made, the landlord/agent needs to specify what the violation is. If the violation is not corrected within 5 Judicial Days, the landlord/agent may apply for a 5-Day Unlawful Detainer.

5-Day Notice to Quit for Tenancy-At-Will
A "tenancy-at-will" is the type of tenancy that exists when the tenant (known as the "tenant-at-will") occupies the premises with the consent of the landlord (either express or implied) for an indefinite period of time with no periodic rent paid or reserved, where the tenancy can be terminated at any time at the will of either party. If the tenant does not leave in 5 Judicial Days, the landlord/tenant may apply for a 5-Day Unlawful Detainer.

5-Day Unlawful Detainer
This notice cannot stand alone. This notice follows all other notices except for a 5-day Pay the Rent or Quit the Premises. This gives the tenant an opportunity to contest the notice and request a court hearing. If the tenant does not leave in 5 Judicial Days, the landlord/agent can file for a Summary Eviction.

30-Day Notice to Quit the Premises
There does not have to be a reason for this notice. The tenant is given 30 calendar days to leave the premises. If the tenant has not vacated by the 30th day, the landlord/agent may apply for a 5-Day Unlawful Detainer.

Notice to Surrender
This notice is typically used to evict unauthorized occupants or squatters. If the occupants do not leave within 4 Judicial Days, the landlord/agent may file for a Summary Eviction.

**Non-Judicial Days include Friday, Saturday, Sunday and Holidays.

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