Know Everything About The Rental Property Legal Eviction Notice Process

August 24, 2021    propertylawyersperthwide
Know Everything About The Rental Property Legal Eviction Notice Process

Sometimes a landlord needs to evict a tenant. It might be for a variety of reasons. But the landlord needs to follow some rules while asking a tenant to leave. A landlord needs to be acquainted with the specific laws for tenancy. Otherwise, a tenant can take legal action against a landlord.


The first step that a landlord needs to follow is to send a rental property eviction notice. A landlord needs to personally send an eviction notice to their tenant. The notice is not required to be authorised by a notary or delivered through an agent. There can be various types of eviction notices. But let us know about the most common types of eviction notices and why they are sent.

Types Of Eviction Notices

The most common types of eviction notices are as follows:

  • 14-Day Vacate Notice
  • 10-Day Notice to Comply or Vacate
  • 3-Day Notice For Nuisance, Illegal Activity or Waste
  • 20-Day Notice To Terminate Tenancy

There are other types of property eviction notice as well, such as the no-cause notice.

Causes Of Rental Property Eviction Notice

A landlord may ask a tenant to leave for not paying rent on time. An agreement needs to be made for rent payment. If a tenant fails to follow that agreement, a landlord may send the 14-Day Vacate Notice. This notice indicates that a tenant has 14 days to pay rent. Eviction is a court process. Therefore, a landlord cannot legally kick out a tenant. But failing to pay the rent within this time will lead to legal consequences for the tenant. So, the tenant should pay heed to the notice and avoid legal actions.


The failure of the tenant to follow the 14-Day Vacate Notice can result in the landlord sending another notice. This time it can be the 10-Day Notice to Comply or Vacate. If the tenant breaches the agreement now, a landlord can evict the tenant. But this notice needs to specify which section of the agreement has been violated. The claim should be supported with adequate evidence. The evidence should be in the form of photos if possible.


After receiving this notice, a tenant has a period of 10 days. The tenant needs to alter his/her action within this period. The tenant needs to comply with the part of the rental agreement which has been violated previously. However, the tenant can also choose not to comply. But in this case, the tenant will have to leave the premises. A common violation of the agreement is keeping a pet. Some contracts specify that tenants cannot keep a pet. Therefore, not following this rule might lead to the tenant being handed over a 10-Day Notice to Comply or Vacate.


The 3-Day Notice For Nuisance, Illegal Activity or Waste is a serious charge. It requires immediate actions to be undertaken by the tenant. The tenant has a window of 3 days to amend their mistakes. The acts of causing nuisance or dumping waste on the grounds are considered gross offences. Any kind of damage or destruction on the property of the landlord can even lead to arrest. A tenant involved with an illegal activity can be served this notice as well. This notice does not offer the option of compliance. A tenant needs to leave if this notice is handed to them.


The 20-Day Notice To Terminate Tenancy is served by landlords who rent property on a monthly basis. A landlord trying to move a monthly tenant can serve this notice. The tenant needs to be given 20 days to move out. All other eviction notices can be served only for a valid reason. Discriminatory clauses are not acceptable when it comes to evicting a tenant. If a landlord faces the problem of getting timely rent from multiple tenants, the landlord needs to check the price. The property’s price needs to be set right to ensure that the tenants give rent on time.

What To Do After Sending An Eviction Notice

The eviction notice serves as a warning to the tenants. If the tenant ends up paying heed to the notice, a landlord can take legal action. The legal actions are as follows:

  • Summons And Complaint

Summons and complaints can be issued with the involvement of a neutral party. This needs to be handed by a third party and not the landlord. You can hire property lawyers in Perth to send summons and complaints. It needs to be prepared by an attorney as it is a legal document.

  • Show Cause Hearing

A show cause hearing must be given to the tenant with summon and complaint. This mentions the date on which the tenant must appear for a court hearing. The judge listens to both sides of the argument. So, the tenants get an opportunity to defend themselves.

Conclusion

A rental eviction notice needs to be served to a tenant. A landlord can proceed with legal actions if the tenant fails to undertake actions as per the notice.

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