What’s the Difference Between a Motion Notice and an Eviction Notice?
We can all dream of having the best possible tenants. They pay their rent, they don’t cause any damage, they give a security deposit and answer the phone or the door when we call. Life could be simple with good tenants. When we are looking for good tenants, we screen, interview, perform background checks, get references and try our hardest to get a full picture of their lives. We are letting someone into our home, so they need to be a good occupant of our property.
Regardless of how diligently we screen rental applications, as landlords we will meet unpleasant circumstances and bad tenants.
Possibly, a tenant has failed to pay their rent for the month, or either they have just bought a dog, or brought an animal into the property. Even though there is a clear sign that says “No Animals”, they still think it is their house, and they can do as they please.
Therefore we must act and solve the issue.
A confrontation with a renter is never pleasant, and we must preserve evidence. So, what is the proper paperwork? Is an eviction notice required? Should we provide notice, or just try to have a chat?
What is an Eviction Notice? In a Notice to Vacate, the landlord (or their lawyer) informs the tenant that they have terminated the lease and must vacate the property by a specific date. If they break the lease terms, landlords might terminate it and ask tenants to leave.
What is a Notice of Motion? A Notice of Motion is legal paperwork that informs tenants that the landlord intends to evict.
Landlords must have a legal justification to evict renters. Depending on where you live, these may include nonpayment of rent, breaches of other lease conditions, unlawful activities, or damage to the property. Hence, when renting out a house, whether you have decided to invest in a buy-to-let property or you’re one of the many people who have become “unexpected landlords” due to an unexpected event, you should be aware of the obligations and responsibilities. Landlords duties include a lot of regulations, and it’s easy to become paralysed by the sheer number of requirements. However, as long as you do your homework, you should have no trouble meeting your responsibilities and being on the correct track.
