Keeping a roof over your head is a top priority for everyone. Nothing leaves a sinking feeling in your gut quite like an eviction notice. If you have received one at your door you probably saw it coming. Though evictions are not an everyday occurrence, as a tenant, it is crucial that you know the procedure. Don’t be taken advantage of. Understanding the eviction process for your state and knowing your tenant rights is vital.
The 5-day notice states that the lease has been violated. Often, this because rent is several days late. 5-day notices can be issued for other reasons too such as smoking in a non-smoking apartment or an unauthorized resident. They are commonly sent by certified letter and most judges accept that the notice has been ‘received by the tenant’ if sent in this way. But, some landlords will tape the 5-day to the door and send it via regular mail. It just depends on the landlord’s preference. Bottom line, they make sure you receive the message.
A 5-day notice is not an eviction. But, it is a warning that you are in breach of contract and you need to make some changes. The notice will give you five business days to pay the bill or stop violating the lease. Most leases state that if you have two or more 5-day notices issued during the term of your lease, the landlord reserves the right to kick you out.
If you receive an unconditional quit notice, then you have used up all your chances. You must You are on your way out the door whether you like it or not. If you choose not to move out by the date on the note, the landlord will begin the formal eviction process.
You will be taken to court by your landlord and you will have to defend yourself. If you feel you are being unjustly evicted, you will have the opportunity to prove it. There are a few instances where tenants are wrongly accused.
If the paperwork is accurate, and the landlord held up their end of the contract, the judge will approve the eviction.
The landlord may not legally start throwing your things out the day they win the eviction. The landlord notifies the sheriff of the eviction and the sheriff lets you know the date and time they will arrive to escort you from the apartment. Typically, they also supervise as all your belongings are moved out of the home.
Losing an eviction is not good news for a resident for a couple reasons.
Eviction is not how anyone wants to end the tenant-landlord relationship. An eviction notice is the last thing you ever want to see at your door. If you are having issues with the landlord address them early and document everything. You must prove the issues to a judge. Avoid being taken advantage of by understanding the process and knowing your rights.