Do you have to state reason for eviction in your notice?

Question

Do you have to state the specific reason for eviction in your Notice to Vacate besides breach of lease? The county guy I spoke to said I don't have to be specific and can just say "due to breach of lease" and that I don't have to give them an option to correct the issue (I want them gone). I find it odd that someone on here told me that i can't evict due to son not being on the lease but living on premises yet county said if more than 30 days that is a valid reason to evict. PS i did give them a chance to fill out an application for him as he is an adult but they ignored it.

Also, do you put in the notice that if they don't get out in 30 days you will file for eviction? I didn't see that in the document language from the county. Is it just assumed? My tenants aren't the brightest so i didn't want to catch them off guard, want them to understand where this is headed.

Also, do you put in the notice that if they don't get out in 30 days you will file for eviction? I didn't see that in the document language from the county. Is it just assumed? My tenants aren't the brightest so i didn't want to catch them off guard, want them to understand where this is headed.

Joe Splitrock · Answer

It is a good idea to have an attorney draft the notice to vacate and have a process server deliver the notice for proof of delivery. They can tell you how to best word the reason. If they have a lease term, it is usually expected that you notify them of the lease violation and give them opportunity to correct. I am not sure a judge will consider having a child move into the property as a major lease violation. You will want to have documentation proving you worked with them to remedy.

Victor Buquer · Answer

@Sofiya Cherni  is better if you are letting them know why they are getting kicked out it will come up anyway if you have to go to court if they refuse to leave. Does your lease states anything about having unregistered occupants?

Depending on your local judges sometimes it is hard to evict someone from having unregistered occupants just keep all your documents you sent to them it will show that you try giving them a chance to fix the problem and they refuse and that will be non compliance as well that should help you a lot in case you go to court.

Sofiya Cherni · Answer

My state law is different, I have to send security deposit within a certain amount of time without tenant asking for it. If new address not provided then it will go to current address. I plan to request return address service so if they left forwarding address I’ll get their new address in this manner.

It’s hard to take someone to court if you don’t know where they live but I plan to figure that out if need be. There are other nuances where they may be interested in keeping things out of court. There are steps to what docs should be filed in order to garnish wages, didn’t look too complicated, will try without attorney.

Sofiya Cherni · Answer

I was going to list quite a few reasons (unauthorized occupants, providing false info on application etc) but they requested a notarized lease termination so i haven't sent notice to vacate.

Ashleigh Leach · Answer

@Sofiya Cherni

Keep their security deposit and your list of repairs and do not ask for their forwarding address and move on. Depending on the lease, they have a certain amount of days to ask you for it back with their new address. In my lease, it’s not up to me to get that info from them, it’s up to them to ask me and provide the info.

If you have more repairs than what deposit will cover, you’ll have to get a judgement against them for damages which costs money and you’ll likely never see it unless you hire another attorney to help garnish wages.

Ashleigh Leach · Answer

@Sofiya Cherni

You should consult an attorney.

Ask yourself, what is a judge going to say?

When I do a notice to vacate, lease termination, I state the reason. I’ve also gone to court because the tenant DIDN’T get out and you have to prove whatever it is or the judge will throw it out. What do you think a judge would say if you didn’t even tell your tenant what their offense was?

Sofiya Cherni · Answer

Thank you everyone for your replies! Tenants have asked to terminate the lease early. They have a month left but have already started moving their crap. I find that odd but am delighted they will be someone else's problem now. They refused to provide their new address, which I will find eventually so I am not too worried about it. I don't believe they expect the deposit back (half months rent) and I don't think there will be anything left after fixing damages judging by the condition of things as of few weeks ago, although I will still send the letter with how the deposit was spent and what they owe (if anything). I finally get to sleep when I want and best part is that I'll be gone for their last two weeks.

AJ Shepard · Answer

@Sofiya Cherni

I’m not familiar with the laws in your state.  In oregon they are quite strict.  Typically you would give them a non compliance notice with time to cure.  After they have not cured the non compliance you can send a termination notice for cause.  The lease terminates after the termination notice and you can proceed with the process of eviction.

Currently no cause termination notices have been banned by the cdc and most states have backed this up with their own version.  If you go down this route you’re probably hoping they get scared and move out, but currently may not be held up in court, let alone heard.

My suggestion is that you serve them with the non-compliance with the lease and anything else they are breaking and hope they don’t cure it.  For unauthorized occupants in oregon it’s a 7 day cure I think, something you can look up in the statutes.  Typically service requires you add 2-3 days on to the notice for 1st class mail.  You don’t need to pay a processor.

If none of this works, the other option, even though hard to stomach sometimes is cash for keys.  Offer them

500 bucks to be out by the 1st and be done with it.  In my experience it is way easier and cheaper to have them leave on their own accord.  Even though you may be right and they may be awful, a little money can go a long way.

Do you have to state reason for eviction in your notice?

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