How to evict someone?

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Before vacating a leased property, a tenant must send a written notice to the landlord, as many leases require notice before termination. The lease may automatically renew, so the tenant must provide notice at least 30 days prior to the expiration of the lease. The notice should state the exact date of vacating, the lease portion allowing termination, and a forwarding address for deposit funds or damage notices. The notice must be signed by all renters and sent by certified or registered mail.

When a tenant, or lessee, decides they want to vacate the property, a vacancy notice must be sent to the landlord or lessor. Many leases actually require notice to vacate before the lease can be legally terminated. Before preparing and sending the landlord a notice of eviction, a careful reading of the lease is required. The notice must then be made, in writing, and sent to the landlord by certified mail or registered mail.

While most leases have a predetermined term, such as one year, it is common to include a provision that the lease will automatically renew or continue on a monthly basis in the absence of a notice to vacate from the lessee or a notice to rescind from the landlord. In other words, if the duration of the contract is one year, at the end of the year, the contract can be automatically renewed for another year or it can become monthly. For this reason, a tenant who wishes to terminate the lease and vacate the property must affirmatively notify the landlord of his intention to do so.

When a lessee is considering moving out of leased premises, they should review the terms of the original lease. Pay close attention to the provisions for terminating the lease when it expires. Most lease agreements require the lessee to provide notice at least 30 days prior to the expiration of the lease. Also, the 30 days may need to start at the beginning of a rental period, such as the beginning of the month if rent is due at that time.

A notice to vacate should be in writing and signed by each renter who signed the original lease. The notice must state the exact date the tenant intends to vacate the property and state the portion of the lease that allows the tenant to terminate the lease with adequate notice. The vacancy notice should also provide a forwarding address for the landlord to mail any deposit funds owed to the renter or a damage notice in case the landlord claims damage to the property. Once the notice is ready, a copy should be made for the lessee’s records. The eviction notice must then be sent by certified or registered mail in order to have a record of the date the notice was actually sent in the event of a dispute.




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