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EFFECTIVE LEGAL GUIDANCE FOR FAMILIES AND BUSINESSES

Giving Notice: the Beginning Stage of an Eviction

| Feb 24, 2020 | Real Estate |

An eviction proceeding begins with the service of one of two documents: a “Demand for Compliance or Possession of the Premises” or a “Notice to Quit.” In situations where there is a written lease and a tenant violates a condition of the lease, the landlord must deliver to the tenant a “Demand for Compliance or Possession” before starting an eviction proceeding.

Recently, the notice period was extended from a three (3) day right to cure or vacate the property to a ten (10) day right to cure. The change provides tenants a greater opportunity to cure an alleged lease violation.

The “Demand for Compliance or Possession” must:

  1. Describe the property the tenant is renting,
  2. Describe the alleged violations of the lease,
  3. Specify a deadline for tenant compliance, and
  4. Be signed by the landlord or his or her agent.

The landlord then provides a copy of the “Demand for Compliance or Possession” to the tenant by hand delivery, leaving a copy with someone residing in the property above the age of fifteen (15), or by posting it in a conspicuous place on the property.

While the initial notice requirement seems relatively straightforward, the drafting of “Demands for Compliance or Possession of the Premises” can be highly technical. Contact our office to get in touch with an experienced real estate attorney to help ensure you are complying with the necessary Notice requirements of a “Demand for Compliance or Possession.”