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How Eviction Works

How Eviction Works

Posted by Chris Peterson | Dec 11, 2015 | 0 Comments

How Eviction Works

How Eviction WorksIf you are a landlord, it is very important that you be familiar with the eviction laws. The eviction process can prove difficult, so you should strongly consider working with a Bryan real estate attorney.

Termination of Tenancy

Even though you are the landlord, you cannot simply tell a tenant to vacate the premises at once. Indeed, before you can begin the actual process of eviction you must give the tenant written notice that their tenancy is being terminated. You need to offer a compelling reason, for it is possible that the tenant will fight the eviction in court.

There are several types of termination notices that you may use. These include:

  • Cure or Quit Notice: This notice is generally given when the tenant has violated one of the conditions of the rental agreement. Among common reasons for a cure or quit notice are that the tenant often makes excessive noise or is keeping a dog or other pet. When you use a cure or quit notice you should give the tenant time to remedy the matter.
  • Pay Rent or Quit: As the name suggests, this notice is given to a tenant who has failed to pay the rent. The tenant is given a period of time to remedy the problem.
  • Unconditional Quit Notice: With the notice the tenant does not have the option of remedying the problem to avoid eviction. Keep in mind that you are allowed to serve an unconditional quit notice only for a few compelling reasons. These include repeatedly violating a condition for rental of the property; not paying rent on time repeatedly; damaging the premises; or dealing drugs or engaging in other illegal activities on the premises.

Taking the Eviction to Court

When a tenant refuses to adhere to the notice to pay rent, remedy a violation of the rental agreement, or move out, you will need to take the matter to court in what is termed an unlawful detainer lawsuit. You must serve the tenant with a copy of the complaint and summons to appear in court.

You may find that the tenant fights the eviction in court. You need to make sure that you have served the appropriate notices and in a timely fashion. Moreover, assuming the court finds in your favor, you might have a difficult time getting the tenant to actually move.

If You Are Planning to Evict a Tenant

Eviction of a tenant can be a complicated and lengthy process. It may be in your best interests to work with a Bryan real estate attorney. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Founding Attorney Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. In addition to the law practice, Chris is involved in Aggieland Title Company and Brazos 1...

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