Most renters are confident that they will be able to pay their rent. So, it’s not a surprise that the number of renters who fear imminent eviction for being behind on rent has reduced. Yet statistics show that the number of those who believe eviction is somewhat likely is still over 2 million.
This shows that millions of Americans still struggle with paying their rent on time. For many, the consequences will probably be eviction. So, how much time does a landlord have to give a tenant to move out?
No property manager wants to be in such a situation. But the reality is that at some point, for whatever reason, you may have to tell your residents to leave. And it will be a lot easier if you know the proper way to go about it. Keep reading to get the facts about this issue.
Understanding the Lease Agreement
The lease agreement is the contract between the landlord/property manager and the resident. It outlines the terms and conditions of the arrangement.
A lease agreement contains the following information:
- Duration of the rental arrangement, typically six, 12, or 24 months
- Frequency and amount of rent payments due on the property
- Rights and responsibilities of both resident/s and property manager
A rental agreement should preferably also contain:
- A basic outline of the procedure for termination of lease from either party
- The actions that would be viewed as a violation of the lease
- Any other information that the tenant needs to know about what is expected of them
A written lease prevents any misunderstandings about the rental arrangement that may arise down the line. It protects the rights of both the resident and property manager, and when signed by both parties, it serves as proof that both were aware of the terms and conditions.
So, how much time does a landlord have to give a tenant to move out? It depends on the type of tenancy agreement you have with the residents occupying the property.
Notice Periods for Month-To-Month Tenancies
Perhaps you initially had a written lease with your property residents but it was not renewed when it ended. They have now become month-to-month tenants.
Does a month-to-month tenant have to abide by the same type of rules as someone under a 12-month or longer fixed lease? Yes, they have to fulfill their obligations as set out in the lease terms. And they have to continue paying rent on the due date each month.
Should you decide to bring the monthly rental situation to a close, you’ll have to provide the resident with a termination notice. This will inform them that you are officially terminating their lease and they must move out.
With a month-to-month tenancy, the time frame is still generally 30 days. There are exceptions though, and the notice period may differ depending on the reason for eviction.
Always check with the state and local authorities to ensure that you are complying with the law before attempting to evict residents from a rental property.
Fixed-Term Leases and Notice Periods
If you don’t intend to renew the lease, you must give notice to vacate. This must be in writing and delivered to the resident before the lease expires.
In certain states like California, a 60-day notice is required if the resident has lived in the unit for at least a year. Delaware requires at least a 60-day notice for month-to-month lease agreements. However, in most states, 30 days is the accepted minimum.
Eviction Notices
Evictions are a hot topic right now. In late 2023, the Department of Housing and Urban Development (HUD) published a proposal to require that public housing agencies provide residents with a minimum of 30 days' written notification before filing for an eviction lawsuit due to nonpayment of rent.
But how much time must you give your residents to move out of a privately owned residence when they are being evicted? You have to give the resident notice before you begin eviction proceedings. This is done with a formal and legal document known as an eviction notice.
An eviction notice alerts the residents that they have to vacate the premises within a specific time frame and by a specified date. You must give the resident/s this notice before trying to evict them. This can be hand delivered or sent by certified mail.
Reasons for Eviction
Evictions are unpleasant and we understand you trying to avoid them. However, sometimes they are unavoidable, and therefore necessary. Let’s look at the most common reasons why you may have to evict residents from a rental property.
Failure to Pay Rent
The legal way to evict residents who are in default on their rent is to give them written notice that they will have to move out. A period of 30 days’ notice is the norm.
In special circumstances, a property manager may choose to give a longer notice period. They may also try to arrange an alternative solution if the reason the rental payments are behind is a temporary one.
Late rent doesn’t mean you can immediately evict residents. You must allow them to remedy the situation by paying the late rent. Should they refuse to do so, you may decide to evict them. However, a minimum of 30 days' notice must be given, in writing.
If you fail to give proper notice, an eviction is not legal. However, eviction laws may differ from one state or city to the next. Therefore, you must check the regulations for the area the property is situated. In some states and districts, the notice period can be as high as 60 or even 90 days.
Is Failure to Pay Rent Ever an Invalid Reason for Eviction?
The eviction notice period for unpaid rent can differ depending on the city or state laws where the property is located. In New York City, for example, 14 days written notice is the minimum.
However, the resident may have a valid reason for temporarily not paying rent, such as unexpected employment termination and loss of income, or hospitalization which delayed them meeting their rental obligations.
They may also have a legally valid reason to contest an eviction in an eviction lawsuit. If they were not given a letter of demand, they could claim that they were unaware of the problem. This is why you must send a letter of demand as soon as rent payments are late.
Other Rental Agreement Violations
Even when residents have faithfully paid their rent each month, other issues could give you a reason to tell them to leave.
Perhaps the renters have not upheld their responsibilities for property maintenance. Property maintenance is the responsibility of the property manager and not the resident. But that does not mean that residents are not required to maintain the property in a habitable condition.
This is a common landlord-tenant dispute and is further complicated by differing state regulations and the specific terms of the lease. However, residents are typically expected to perform minor maintenance, keep the property clean, and avoid incurring damage.
The dispute over who pays for maintenance on a rental property is often not sufficient reason to move ahead with an eviction lawsuit. An exception is when residents are guilty of contravening health and safety regulations.
Physical damages to a property are another common reason why you may choose to evict residents, even if rent is paid on time. You may decide to resolve this without resorting to legal steps. Issue the resident a written warning that the damage must be repaired.
Typically, after failure to pay rent, a lease violation is the most common cause for eviction. If it’s a minor infraction, it’s best to try to resolve it without resorting to legal process. If, however, all efforts at diplomacy fail, a 30-day written notice to move is sufficient.
Illegal Activities
When illegal activities are taking place on the property, the requirement for a written notice may fall away. It’s not the same as when evicting residents for non-payment of rent.
In the case of illegal activities on the premises, a property manager can immediately move ahead with an eviction case via a properly executed eviction lawsuit. You will need to present evidence of these illegal activities to back up your claims.
Non-Renewal of Lease After Rental Period Is Over
Before the lease ends, you must send the resident of the property an end-of-lease letter.
You may choose to renew the lease, or not. But coming to the end of a lease term is not grounds for eviction. It only becomes a problem if residents are given a notice of termination, and enough notice, yet still refuse to move out.
When the lease is coming to an end, you must send the resident of the rental property a termination of lease letter. Residents must be given enough advance notice, as stipulated by your state and city laws. And they must pay out their security deposits within 14 days.
If you’re willing to renew the lease, you must stipulate that clearly in the termination of the lease letter, along with any other pertinent information such as a rental amount increase.
If you aren’t willing to renew the lease, that must also be stated clearly. By neglecting to issue a termination of lease letter, the resident may be unaware that the lease has ended and continue staying on the property.
When a resident chooses to remain on the property after the lease has ended, despite a termination of lease letter and non-renewal of the lease, they become a ‘holdover tenant’. They must be given a 30-day written notice to move from the premises.
The Eviction Process
The eviction process cannot result in a forced removal without a court order, and this is always the last resort. First, the residents must be given proper notice to leave, in the form of a 30-day (or more in certain states) written notice.
If they refuse to do so within the stipulated time frame, it becomes a matter for the courts. An eviction lawsuit is necessary only if the residents refuse to leave the rental property in the stipulated time frame of the written notice.
Property owners/managers must also give just cause for the intended eviction. This ensures that renters’ rights are not abused.
To initiate an eviction lawsuit, you must file a court application for eviction, supported by an affidavit explaining why the residents should be evicted. The court process can take several weeks and even up to three months on average. The court will decide whether and when the resident must vacate the premises.
If the court rules in your favor, the resident is legally obligated to move out or be removed if necessary. You may not legally remove the resident yourself.
Resident Eviction Defences
After filing the eviction lawsuit, the resident will be allowed to respond and defend against the eviction, if they want to.
Residents often contest evictions. However, they will have to prove that the landlord or property manager has not followed legally required eviction steps. For example, if the resident did not receive a 30-day written notice, they will have legal grounds to contest the eviction.
If they’re unhappy about an early termination of their lease, that is not a good enough reason to oppose it. However, the court will look at whether the lease termination is lawful and whether or not the property manager had just cause to evict tenants.
Residents may also claim that the reason they withheld rent was that the property manager failed in their duty to provide a habitable home.
To avoid such issues, ensure that you carry out your duties and maintain built-in appliances, repair structural damage, etc. It will save you a lot of hassles long term, and residents will not have an excuse not to pay their rent.
RentCheck is the best tool to help you stay on top of maintenance tasks and property inspections. This handy app streamlines rental property management by allowing residents to conduct their own inspections with detailed checklists.
It allows for photo and video documentation to accurately capture property conditions, ensuring thorough records. Automated reports enhance accountability and simplify maintenance tracking. With this app, you’ll save time on inspections and avoid disputes with your residents.
Removal of the Resident
The property manager may not resort to changing locks, cutting off utilities, or forcibly removing any resident/s or their personal property from a rental property. Failure to comply with a lease termination/written notice must be followed by an eviction lawsuit.
If the court decides that the resident should be evicted, a warrant of eviction will be issued. If the resident still refuses to move, a sheriff will remove them from the property. This is the only legal way to remove tenants who don’t comply with an eviction notice.
Even though a resident has been removed from a property, they are still liable for any damage they caused to the property. This may cause you to want to sue for damages.
Special Circumstances
Sometimes, special circumstances may affect an eviction process. These special circumstances typically revolve around three factors:
- The resident paid rent and does not believe that they violated the rental agreement in any other way.
- The resident has nowhere else to move to, or no funds to secure other accommodation.
- The resident simply needs more time to make alternative accommodation arrangements.
Numbers 2 and 3 on this list are generally the most common objections. In such a scenario, it’s up to the landlord or property manager’s discretion whether they allow the resident more time to make alternative arrangements.
Court action will not result in an immediate eviction. Be aware that even if you take them to court, if they present valid evidence for these objections, the court may rule in their favor. It also takes time to present a case. Much depends on the state laws and the tenant’s specific life circumstances.
Streamline the Move-Out Process WIth RentCheck’s Inpsection Software
As a property manager, you strive to have an amicable relationship with the residents in the properties you oversee. As long as they abide by the terms of the rental agreement and pay their rent on time, all is well.
But sadly, you’ll eventually face the situation where you have to ask one of them to leave. This may be due to non-payment of rent, or violation of the terms of the lease, or just an expiry of the lease.
Both you and the resident/s will find the move-out process less stressful if you’re on track with property inspections. It reduces disputes over damages and simplifies the entire process. With RentCheck, you’ll enjoy access to automated inspection checklists and reports for every stage of the lease cycle.
Sign up for a free trial today!
