There are no pleasantries involved with evicting an unruly tenant. After all, by the time it comes to this, you’ve requested back payments, sent notice to correct lease violations, or pled your case to exit the property without undue stress. But now the time has come, and you must evict. As a Brentwood landlord, you want to avoid business litigation but now it cannot be helped. Here is some basic information on evictions and the different types of notice you might give. 

Common reasons for eviction

There are many reasons to initiate the eviction procedure in Brentwood. A form of business litigation, eviction is a legal process often triggered by actions (or inactions) of the individual or family occupying your property. An eviction may be due to failure to satisfy the terms of the lease. An example would be nonpayment, improper use of the property, or excessive noise that interferes with the quality of life of other tenants. You may also need to evict if you find your tenant has committed a crime on the property or has caused significant damage to the structure or grounds. Sometimes, you may need to end a tendency because the property is being sold or you need to transfer it back to your own personal use.

Initiating an eviction is an intimidating process. Fortunately, you have rights as a landlord and, when you take the proper steps, may be able to avoid further business litigation in Brentwood courts. 

Eviction with cause

It is important to note that you cannot simply show up to a property and demand your tenants leave without notice. Eviction does not happen overnight and must begin with a formal written notice. The type of correspondence you send depends upon whether the eviction is for a reason or without cause. There are three types of for-cause eviction notices. These are:

• Pay Rent or Quit — Pay Rent or Quit comes into play when a tenant has failed to satisfy the financial terms of the lease. This allows you to demand payment within a specified period, typically three to five days. If they do not pay monies owed, they must leave.
• Cure or Quit — When the eviction is for behavioral violations, you send a Cure or Quit notice. This provides a short timeframe for the behaviors to be corrected or the property to be vacated.
• Unconditional Quit — An Unconditional Quit notice is an absolute order to vacate the premises. The tenants are not given an opportunity to rectify their infarctions. This is essentially a last-resort eviction notice and may only be given for multiple lease violations or other serious infraction, such as causing intentional damage to the home.

Be aware that tenants may appeal an eviction regardless of the reason. In Brentwood, business litigation experts might recommend gathering documentation from the time a landlord first made notice of issues with the tenant.  

Eviction without cause

Eviction due to no fault of your tenant requires a 30-or 60-day notice to vacate. This eviction notice is meant to allow the tenant the time to find a new home but serves as an official notice that the property must be released. A no-cause notice may be needed when the property is unsafe, needs renovations, is being sold, or must be transferred back into the owner’s personal use. 

Attorney Brian T. Boyd is a real estate law and business litigation expert. Location in Brentwood, Tennessee, Boyd represents business owners throughout Middle Tennessee.