Unconditional Quit Notice
Unconditional Quit Notice: This notice is only warranted in the most extreme of circumstances. For example, if your tenant has caused unfix-able damage to the property or has participated in illegal activities on the property you could then issue them an unconditional quit notice.
A landlord is required, by law, to warn any tenant of an eviction and by issuing one of these three notices said landlord has successfully fulfilled this obligation. Occasionally, if a tenant can not positively respond to the eviction notice they will leave the property voluntarily. If they do not, the property owner may file an eviction lawsuit, also known as an unlawful detainer lawsuit. An unlawful detainer lawsuit is what’s called a “summary judgement” which means that it will move forward very quickly. The judge who is hearing the case will give a tenant up to 5 days to submit a written defense. After the defense is reviewed the judge will make his or her decision and will usually wrap the eviction case up in about 30 days.
Over the years, real estate laws have been enacted to protect the rights of tenants. Any tenant eviction must go through the specified legal process beginning with what is known a s termination notice of tenancy.
If the judge orders in favor of the landlord the tenant will have no choice but to leave the commercial, residential, or industrial property. Even at this point in the process, the landlord must be patient and remain within the confines of the law. Before any action can be taken the property owner must turn the decision over to an officer of the law so that they can proceed with the legal removal of the tenant in question. A landlord MAY NOT take matters into their own hands and change the locks or remove a tenant’s property from any rented space. These types of actions will, in fact, further complicate the eviction.
Unconditional Quit Notice Laws
There are certainly an abundance of reasons for a landlord to evict a tenant from a property. That being said, the two most common reasons for eviction are undoubtedly a non-payment of rent or an obvious violation of the terms and conditions laid out in the lease agreement. Many people will assume that these types of offenses are cut and dry and that all tenants guilty of such infractions should be forced to immediately vacate the premises. However, this is simply not the case.
More often than not, landlords and property owners everywhere have a difficult time understanding the restrictive nature of tenant eviction laws. They feel that, as owners of the property, they reserve the right to remove a tenant who has not paid them rent or who has broken the rules. This alone, though, does not change the fact that in order to legally remove a tenant from a home, office space, or industrial property an owner must strictly follow certain legal steps.
Adding to the confusion of tenant eviction is the fact that each state, and perhaps even each city, may have differing laws in regard to the process for landlords. While the basic procedure is alike in most areas there are important distinctions in the law books of each city that can not be ignored. With this in mind, it is often invaluable to have the help of a real estate attorney who is not only knowledgeable about the legal process of eviction but who is familiar with the process. RepresentYou is a great place to start as our panel of attorneys includes a number of real estate lawyers with a vast knowledge of the ever changing real estate laws. Our staff will work to place you with an attorney who can help your get your tenant OUT NOW!
Unconditional Quit Notice Tenant Eviction Attorneys
By renting out a property the owner can see a definite amount of income on the real estate investment. By finding a tenant to pay a monthly rent on any commercial, residential, or industrial property you can guarantee a monthly return on your real estate investment. Unfortunately, land and property owners can not always find “good tenants” and, even when they do, it is not out of the ordinary for a reliable family and/ or business to fall on hard times that may affect their ability to continue to pay the agreed upon rent. Then, when tenants struggle to pay their monthly rent and devalue a landlords property, current real estate laws make it difficult to evict them.
If you are a landlord, and find that you have no choice but to evict a current tenant, you must proceed carefully. In fact, it may be in your best interest to hire a qualified real estate attorney with knowledge of the eviction process as laws have been written to protect delinquent tenants from immediate eviction. RepresentYou may help you find an eviction lawyer with just this type of expertise. Our panel of attorneys includes a number of real estate lawyers who have successfully handled eviction procedures.
Find a Unconditional Quit Notice Lawyer
The RepresentYou staff understands that evicting a tenant is not always easy and the desire to try to get it done as quickly and as painlessly as possible.That is why we will do our best to connect you with one of the experienced eviction attorneys in your area RIGHT AWAY.
RepresentYou is a lawyer referral service certified by the State Bar of California and, as such, is in a unique position to help you find a qualified real estate attorney with experience working through the process of tenant eviction. Members of our staff can assist you in English, Spanish, Portuguese and French.
Not only do the lawyers on our panel have a unique knowledge of the eviction laws but they are also held to some of the strictest professional standards in the business. First and foremost, all of the attorneys on RepresentYou’s panel have at least 20 years of experience practicing law. Also, each of the RepresentYou panel member attorneys has malpractice insurance for the protection of their clients and zero history of disciplinary action from the State Bar of California or any other bar association.