An eviction notice is a vital part of the eviction process. No further action can be taken until an eviction notice has properly been served. There are specific situations in which an eviction notice may be served, although some types of eviction notices must offer an alternative course of action for the tenant.

Types of Eviction Notices

The first type of notice is a 3-Day Notice to Pay or Vacate. This notice allows the provision for the tenant to pay their rent, or whatever other amount is due, and remain living on the premises. Otherwise, the tenant must vacate the premises in 3 days.

Another type of eviction notice is a 3-Day Notice to Comply with Rental Agreement or Vacate. This type of notice is allowed when the tenant is failing to comply with the rental agreement, but changes can be made so that the tenant complies. If the tenant does not change in compliance with the rental agreement, they must vacate the premises within the 3 days.

In situations with month-to-month lease agreements, or when nearing the end of the rental term, a landlord may serve a Notice to Vacate by End of Rental Period. In most states, this notice must be served at least 15 days before the end of the rental period. This notice does not need to provide the tenant with additional options.

For situations with no oral or written rental agreement, the landlord may serve a 5 Day Notice to Vacate to Tenant at Will. The landlord is under no obligation to provide additional options to the tenant. These situations occur when guests refuse to leave, when a rental agreement has expired, or when the property is sold to a new owner.

What Conditions Must Be Met To Serve an Eviction Notice?

In order for a landlord to serve a 3 day eviction notice without offering alternative courses of action for the tenant, one of the following conditions must be met.

• The tenant has assigned or sublet the premises contrary to the rental agreement
• The tenant is causing damage to the property.
• The tenant conducts an unlawful business on the premises.
• The tenant has violated a term of the rental agreement that cannot be corrected.
• The tenant commits a criminal act on the premises

 

Eviction can be tricky to navigate. There are many laws concerning both the tenants and landlords. To be certain that you are not in violation of any such laws, consult with an experienced attorney. For superior legal representation involving evictions, contact us at LeBaron & Jensen today!

The laws concerning security deposits vary from state to state. There are a few general reasons that a landlord may be entitled to keep part or all of the tenant’s security deposit. The period in which the landlord must return the deposit varies, but it is typically within 15-30 days of moving out. The landlord is also required to include an itemized list of any deductions, so that you know exactly why your security deposit was withheld.

Reasons a Landlord May Keep the Deposit

There are four general reasons a landlord will be allowed to keep the security deposit. The security deposit may be kept to compensate for unpaid rent or if the property requires excessive cleaning. The deposit may also be used to offset the cost of repairing damages, as well as the cost of repairing or replacing damaged appliances. Normal wear or tear that occurs through regular living is not a reason that the landlord may keep the deposit.

What is Considered Wear or Tear?

Wear or tear occurs whenever a property is occupied. The longer a tenant has resided in a property, the more reasonable wear or tear can be expected. Small stains or holes are typically considered wear or tear. Faded blinds, paint, or curtains all occur over time. Rug wear from regular use is another type of wear or tear.

How Do I Keep my Security Deposit?

There are several steps you can follow to ensure that you will receive as much of your security deposit back as possible. You must give proper notice to your landlord prior to moving out. Clean the property thoroughly to prevent any excessive cleaning costs.

You should consider walking through the property with your landlord prior to move-out. This will allow you to check base with them regarding any repairs that must be made. Take pictures both when you move in and before you move out. Don’t make any unauthorized repairs and ask for explanations of vague terminology in your contract. If you do not receive your security deposit within the specified period of time, you must follow the necessary procedures to obtain it. Draft a properly formatted demand letter.

Because the laws vary between states, it is highly recommended that you consult with someone who is familiar with real estate law in your state. A security deposit tends to be thousands of dollars, so it is important to do everything you can to recover it. If you need help securing your deposit, contact us at LeBaron & Jensen today!

 

Ownership disputes can occur in several different situations. The most common types of ownership disputes are those caused by divorce or disruption in a business partnership. The most complicated type of ownership dispute involves business partnerships, because these have the most significant impact on the ongoing income of the individuals involved.

Business-Related Ownership Disputes

A dispute between co-owners of a business can disrupt the business’s processes. Many companies go out of business after an ownership dispute. If a co-owner refuses to pay their share of the business’s costs, if there are disagreements about management, or more can lead to significant ownership disputes.

There are a few ways to resolve business-related ownership disputes. Mediation sessions may allow co-owners to agree on the best outcome for their business. One owner may be able to buy the other owner out. They may also agree to sell the property. Incorporating a provision into the initial property agreement can help prevent these disruptions from occurring. They will also provide the best course of action for co-owners in the event of an ownership dispute. It is highly recommended to include ownership dispute processes in the original contract.

Court

Smaller cases of ownership dispute may be settled through small-claims court. These cases do not require a lawyer, but small-claims courts have a maximum amount of money that can be involved. For this reason, larger business or more significant amounts of money should be resolved through other means. Divorce disputes are typically resolved through a family court rather than a business-related one.
Ownership disputes can be extremely emotional, as well as have a significant impact on your life. If you co-own property with another individual, you likely have an extensive history with them, which can make it difficult to see things clearly. For the most beneficial process possible, you should seek the services of an experienced estate litigation lawyer. To obtain superior, high-quality legal guidance, contact us at LeBaron & Jensen today!