Before you can have a tenant removed from a rental property, you have to start by giving proper notice. Without it, you can’t begin the court process required to end tenancy.
Each state has its own requirements which may or may not include the right for the tenant to cure (correct) his or her violation and stay the remaining term of the existing lease agreement.
Before you can go to court, you need to assess whether or not the tenant violated the terms of the lease and follow your state’s notice requirements.
Tenant violations are categorized into two types:
- Curable – These are violations that state laws allow for an opportunity to cure. This means a tenant is given a chance to correct the problem such as being late on the rent and bringing it current or maybe boarding a pet and then removing it.
- Incurable – These are violations that allow landlords to ask the tenant to leave without a chance to cure the problem (It’s up to the landlord whether or not he or she wants to give the tenant an opportunity to cure).
For a list of each states’ requirements, please see the following references: