Can a landlord ask a tenant to leave a residence?
January 1, 2020
If the tenant breaches the lease, the landlord may bring an action for possession of the premises and/or damages. For residential tenancies, the landlord must first give notice.
To serve notice upon another means to inform that person that certain acts or events have occurred or will occur in the future. Ordinarily, notices required by law must be served via restricted certified mail or personal service by a sheriff’s deputy or constable’s deputy or a private process server. In certain circumstances, posting of a notice at the premises is allowed. Each jurisdiction may have specific additional requirements for such a notice.
Notice may be given to a tenant for failure to pay rent when due. Usually, a three (3) days’ notice is required if the lease is to be terminated due to the non-payment of rent.
Also, and typically, for any material noncompliance with the rental agreement or the obligations imposed by law, which materially affect health and safety, a thirty (30) days’ notice may be given specifying the breach(s) and stating that the lease will be terminated in fourteen (14) days if the breach is not remedied.
For failure to maintain the premises in a manner that materially affects health and safety, the landlord must first give a fourteen (14) day notice. If the breach is not remedied, the landlord may enter the premises to perform repairs and may then bill the tenant for the repairs. Each jurisdiction may have specific requirements for notice to terminate the lease.