Generally, landlords do not look forward to initiating eviction proceedings against incompliant tenants, often preferring to explore other means of resolution.Paul E. ![]() However, certain tenancy situations call for more stringent measures, like the initiation of eviction proceedings. One of such situations that might lead to an eviction claim is the non-payment of rent. All state laws allow landlords to initiate eviction proceedings (unlawful detainer lawsuit) against tenants that have failed to pay rent. In most states, however, a landlord must first serve the tenant with a notice to pay or quit.Ī Notice to Pay or Quit is a legal document that a landlord issues as a formal notification to a tenant. The notice requests the tenant to pay the rent by a certain date or take leave of the property. In addition, these notices give the tenant a short grace period, usually ranging from three days to two weeks, depending on the state. While most states in the US require this notice to be served before the eviction process can be initiated, some states do not have this requirement.įailure to pay one month’s rent is not enough grounds for eviction in many states. Instead, a landlord can correspond with the tenant through phone, email, or letter, prompting them to pay the rent within this period. ![]() A notice to pay or quit is usually reserved for tenants who are recurrently late in paying rent, usually two months or more.Įach state specifies different requirements on how much notice a tenant is entitled to. Notice periods required by states range from three days (in states like New Mexico and Iowa) to as many as 14 days (e.g., New York and Vermont). Suppose a tenant fails to make rent payment and does not vacate the property within the grace period given in the notice. In that case, the landlord has the right to terminate the rental agreement and initiate an eviction proceeding. It is advised that the landlord carry out a proper review of the associated state laws regarding evictions, either personally or through an attorney, before initiating an eviction proceeding. Something tenants generally have in common is a responsibility to pay rent. A landlord-tenant agreement specifies the details about rent payment (details like the amount, mode of payment, and due date), and these details are specific to each tenancy agreement. When a rent payment issue comes up, the tenancy agreement and the applicable rental laws of the area where the property is located bind both parties. Notice periods to pay or quitįor tenants that do not have a history of late payment, landlords can send a Late Rent Notice as a reminder to pay while also indicating applicable late fees. For tenants that remain non-compliant after a Late Rent Notice, or tenants that have been late on payment on multiple occasions, it is within the landlord’s rights to send a notice to pay or quit to the tenant. In addition, the landlord is advised to keep a detailed record of all correspondence with the tenant on issues relating to the rental, as this can serve as helpful evidence in court during an eviction proceeding. If included in a rental agreement, a grace period is a provision that allows the tenant to make rent payment within a specified period after the actual due date without paying a late fee. It is not the default right of the tenant to be awarded a grace period unless such provision has been stated in the rental agreement or has been mandated by state law. Therefore, landlords should stay up to date on grace period provisions (if any) embedded in state laws to avoid taking actions that would later jeopardize any court proceeding. ![]() While there are no specific limits set in many states for late fees on late rent payments, the state laws often use the term “reasonable” or “fair” when referring to the amount to charge for late fees. Most courts consider a charge of five percent of the rent as reasonable, and some set a fixed dollar amount that is usually not more than five percent of the rent. If a late fee is payable for late rent, the landlord must specify this on the rental agreement. Landlords are legally required to abide by the Federal Fair Housing Act and any additional fair housing legislation provided by the applicable state. Landlords, generally, do not look forward to court eviction processes primarily due to the time and cost implications and therefore are sometimes tempted to take laws into their hands. This usually comes with grave consequences for the landlord, as specific unsanctioned actions can prompt legal action from the tenant. The paragraphs below specify some actions a landlord should avoid taking in a case of non-payment of rent.
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