Frequently Asked Questions

Yes, you can. However many landlords prefer to use a process server to serve their tenant. The reason for this is a knowledgable process server an inexpensive safegaurd. Using a process server helps prevent your tenant from using improper service as a defense. Improper service occurs when either your tenant was served incorrectly or not at all.

The biggest mistake landlords make is not giving the proper amount of time for a tenant to respond to being served. This usually occurs with notices that require you to exclude weekends and holidays. When in doubt, add a few extra days to your deadline.

The second mistake is including late fees in the amount due in your notice to pay. It's important to know your state laws concerning adding late fees in your notice. Additionally your lease should explicitly state your late fee policy.

Working business days should only be used to calculate days in your notice. This excludes holidays and weekends. So a 3 day notice will have a deadline of the third working business day of the week. If you are serving your tenants by mail, add an additional X working business days. This is required to compensate for the time it takes for their mail to be delivered and received. If the address you use for yourself is not a physical address a tenant can hand deliver their response, but instead is a P.O. BOX, you must add an additional 5 working business days (Time for their mailed response to be delivered to you.

You have the option to either accept or refuse to accept a partial payments. While there are always exceptions to everys rule, it is highly recommended not to accept anything but a payment in full. The cons heavily outweigh the pros

• Constructive eviction (e.g. making living conditions unhabitable, such as turning of water or electric.)
• Court agrees with tenants proof of claim for withholding rent due to landlords failure to provide essential services.
• Tenant can prove that rent has actually been paid
• Eviction notice or delivery(e.g. errors in filling out notice or improperly served
• Partial payments had been accepted after the eviction notice was served (check local laws)
• Eviction is in violation of the federal Fair Housing Act or State law

You have 3 ways you can serve/deliver your eviction notices. Each has it's own positives and negatives

1. Hand deliver your notice to your tenant
2. Post it/tape it to your tenants door
3. Mail it (additional days may be needed to account for mailing, so check with local laws for required delivery time)
4. Use a third party service (process server or attorney)

Eviction notices do not need to be notarized. Just the signatures of the person initiating the action on behalf of the owner are needed. If they don't comply with your notice by it's deadline, then your next step is to file for your tenants removal in your local courthouse. The court requires 1 or more documents to be notarized.

Your next step is to file a complaint to evict in your local courthouse. A process server or sheriff will deliver a copy of the the complaint to your tenant. The court gives your tenant additional time to respond to your complaint or vacate. If the deadline passes the court will issue a writ of possession that authorizes the sheriff to remove your tenant.

A pay or quit notice is given when your tenants rent is past due. This notice gives them a specified amount of days before you file a complaint to evict in your courthouse.

This notice is given when your tenant has violated the terms of their lease. They can stay if the violation is corrected.

An incurable notice to quit is a given when a serious violation has ocurred. Illegal activities and threatening behavior are examples of incurable lease violations. Fear of the health and safety for you and/or your tenants is an incurable violation.

A tenant who doesn't move after their lease has expired, becomes a "tenancy at will" or "month-to-month tenant". If their never was a signed lease then they are by default a month to month tenant. Without cause means that you don't have to give a reason other than you want them to move out.