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Q: Who can serve an eviction notice?

A: Anyone, including yourself, can serve an eviction notice, but the person who serves the tenant needs to print and sign their name in the space provided on your document.

Q: When a tenant receives an eviction notice how do you count the days that a Tenant has to respond to the eviction notice?

A: You do not count the day on which you gave the tenant notice by service. For example, if you served the tenant with a Three Day Notice to Vacate for Nuisance on Monday, you would count three days starting on Tuesday.

Q: What happens if my tenant does not obey the eviction notice and stays on my property?

A: In order to continue with the eviction you will likely then be required to file a court action, which will allow a judge to decide your case. The tenant will then be allowed to present his or her side of the case to the court. Because the case may be dismissed if the landlord has not evicted the tenant according to the method dictated by law, it is important to use the correct eviction notice when evicting a tenant.

Q: What type of property can these eviction notices be used for?

A: These eviction notices are to be used for personal residences. They can be used for apartments, houses, or any other type of residence in which people generally reside. However, these forms are not appropriate for tenants who are receiving government subsidies for their rent, or for those who live in federally subsidized housing. For government-subsidized tenants, special federal regulations apply. Special rules also apply to tenants that own a mobile home and rent the space that the mobile home is placed upon. Therefore for either of these special situations (both federally subsidized housing and mobile homes placed on a rental lot) we suggest you consult an attorney to insure ensure you have the necessary forms.

Q: When can I evict a Tenant?

A: A landlord cannot evict a Tenant as a method of retalation or discrimination. However landlords can evict for incidents such as a tenants failure to pay rent, violating a lease provision, or substantially interfering with, and/or disturbing other tenants.

 

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