Most of the restrictions placed upon evicting tenants under the federal, state and local eviction moratoriums only apply to nonpayment of rents evictions. Fast Eviction Lawyer can prepare eviction notices for same day service that do not violate any of these new laws. These eviction notices have successfully removed tenants despite these new laws. Mr. Marshall has prevailed in both trials and has overcome tenant’s delay tactics in virtually all cases where his eviction notices have been used by his clients from the beginning of the case. Mr. Marshall also has used client notices at trial but this is not recommended.
3-DAY NOTICES – Breach Other Than Nonpayment Of Rent
In order to successfully evict a tenant for breaches other than nonpayment of rent the breaches must be major. These include illegal subletting of the premises to occupants not agreed to under your lease or otherwise. A public nuisance where the neighbors have complained or a government entity has cited your or the tenants directly for failure to comply with legal requirements. New laws now require that you give the tenant a 3-Day notice that allows them to cure the breach and then serve a 3-Day Notice where they must leave after three days. To succeed in these cases the evidence should be supported by documents or statements by the tenant of the wrongdoing.
30-DAY NOTICE
If your tenant has lived on your property for less than year and only a month-to month written or oral agreement exists then you can remove them with out just cause after proper service of a valid 30-Day Notice. These are not barred by any of the new laws. There is a current requirement that a good reason must exist before they are removed but this is set to expire..
60-DAY NOTICE
If the period of your lease has ended (or it is a month-to month agreement) and where all tenants have occupied your property for one year or more you must state just cause reasons for eviction in a 60-Day Notice.
Just Cause-Tenant’s Fault -Wrongful Acts
There are two general types of just cause reasons. First, where the tenant has breached the rental agreement in an important “material” condition of the month to month agreement. The key to evicting a tenant after the passage of these new laws is the ability to prove these breaches of your rental agreement with your tenant. Keeping documents or emails or texts help win trials.
These can also include any lies made in their rental application. The most common breaches include unauthorized occupants living at the premises. A second common breach is if the tenant refuses your entry after a proper notice. This is usually a 24 hour notice, however our firm uses a more effective right of entry with repeated success at trial.
Just Cause-No Fault -Sale of Property Or Family Wants To Move-In
There are a number of just cause reasons that do not involve wrongdoing of tenant. The most common is simply your desire to stop renting the property. This can be simply because you are tired of these extra laws and want to sell the property. You also might want to move into the property yourself or move a family member into the property. These are legal reasons for eviction.
Again, none of these are banned by the new tenant laws that were created or strengthened by the Covid-19 eviction moratoriums. Mr. Marshall has successfully removed tenants and continue to win trials using these eviction notices. Judges have ruled in his favor so this is not merely his legal opinion.
Last Piece of Advice – Don’t Take Money From A Trespasser
Once an eviction notice period has ended. If you accept money or offer a longer period of time to move out you have to start over. This cancels the notice.
