Understanding Early Lease Terminations and Evictions

Early lease termination and rental eviction terms affect both parties involved in the property transaction; the tenant and the landlord. Lease termination refers to the process whereby either the tenant or the landlord terminated the lease contract earlier than the originally specified term. In most cases, the landlord only terminates leases then the tenant is in violation of the terms. An eviction is the 2nd step involved in the process of removing a tenant from the property by the landlord. While the procedures will vary from state to state, there are some underlying guidelines and processes which are universal.

Early Lease Terminations and Eviction Requirements

A landlord cannot begin evicting a tenant without cause. And, to evict a tenant, a landlord must first terminate the existing lease. The valid reasons to terminate a tenant early vary from state to state, but some of the generally accepted terms include:

Unpaid Rent - In the event that a tenant repeatedly does not pay their rent as outlined in their lease contract, a Pay Rent or Quit Notice may be delivered to the tenant. Within this notice will be a specified amount of days that the tenant has to either pay their rent, or “Quit” their lease by vacating the property.

Pay or Quit Notice - In the event that a tenant violates one or more of their lease terms, the landlord has the option to deliver a cure or quit notice. This notice gives the tenant the option to cure the lease violation or to quit the lease by vacating the property.

Unconditional Quit Notices- This is the least common form of rent eviction, and it is not permitted in all states. This notice does not give the current tenant any right to cure their lease violation or to pay their rent. In most cases, the tenant must have seriously violated the lease terms, caused damage to the property or have been repeatedly late on their rent to qualify for this type of notice.

While these are the most common reasons for a landlord to evict a tenant, most reserve the right to evict without cause. Tenants should review the terms of their lease carefully before signing to fully understand their rights.

Landlords: How to Evict a Tenant

The first step involved in the early termination of lease in preparation for eviction is providing written notice to the tenant. If the tenant does not vacate the property under the terms as outlined, the landlord can file a lawsuit for eviction. In order to win this lawsuit, the landlord must prove that there is sufficient reason for the termination of the lease.

Check Status of Eviction Process and Lease Terminations

The tenant can check the status of their lease termination or eviction status by speaking with their property attorney, with the landlord directly or with the court in which the paperwork has been filed. Landlords can check the status of their eviction or lease termination paperwork by also speaking with their property attorney, or by contacting their local courts.

Early termination of leases and eviction processes will vary from state to state, however some universal principles do apply. Tenants and landlords should become familiar with these processes prior to the execution of a property lease.