How can I evict a tenant for non-payment of rent?
You must serve the tenant with a Three-Day Notice for Nonpayment of Rent. You may pick up an eviction package, which includes all forms and instructions, from any local courthouse for free or for a nominal fee.
How can I evict a tenant who
has a lease?
A tenant and/or landlord may terminate a lease by giving written notice to the other as follows: At least sixty (60) days notice by the terminating party prior to the end lease date for a year-to-year lease, at least thirty (30) days notice by the terminating party prior to the quarter’s end on a quarter-to-quarter lease, at least fifteen (15) days notice by the terminating party prior to the month’s end on a month-to-month lease, and at least seven (7) days notice by the terminating party to the other on a week-to-week tenancy. If a landlord wants to evict a tenant with a lease, there must be cause, such as the lease restrictions have been breached. However, eviction may be dependent upon the severity of the breach, The tenant must be given 7 days written notice to cure the breach if the breach can be cured.
I evicted my tenant and put up
a 3-Day Notice, but he/she won’t leave. What should I do now?
You must file an eviction complaint with the county court that has jurisdiction over the location of the premises. Again, you may pick up a complete eviction package from your local courthouse. However, you will need to attach a copy of the Three-Day Notice and lease agreement (if any) to your eviction complaint.
Does my landlord have to give me back my security deposit when I leave the apartment/house?
If the landlord does not intend to impose a claim on the security deposit, the landlord had 15 days to return the security deposit together with interest, if otherwise required. If the landlord does intend to impose a claim, he has 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address that he intents to impose a claim on the deposit and the reason for imposing the claim. If the landlord fails to give the required notice within 30-day period, he forfeits the right to impose a chain upon the security deposit.
If you fail to object to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to you within 30 days after the date of the notice of intention to impose a claim for damages.
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