The first step in the eviction process is the service of proper written notice. Verbal requests for the tenant to vacate are never sufficient. The notice that is required varies depending upon the reason for eviction.
Non-Payment of Rent
The landlord must give written notice to the tenant by personally serving or posting in a conspicuous place the notice called "Demand for Compliance or Possession." This notice gives the tenant a choice of paying in three days the full amount of the rent that is due or giving up possession of the unit within three days. The right to this notice cannot be waived in the lease.
In calculating the three day period, do not count the day that notice is given. The three-day period also does not include weekends or holidays. If the tenant pays the rent in the three-day period, the landlord must accept it. If the tenant does not pay and does not move out, the eviction process can continue.
Violation of the Lease
The landlord must give proper notice to the tenant by personally serving or posting in a conspicuous place, the notice called "Demand for Compliance or Possession. This notice explains the violation of the lease and gives the tenant the alternative of correcting the breach within three days or vacating the unit within three days. If the tenant does not move out or cure the breach by the end of the three day period, the landlord may file an eviction suit.
A tenant with a month-to-month periodic tenancy may be evicted at the end of any rental period if the landlord gives the proper notice. The landlord must give notice to the tenant by personally serving or posting in a conspicuous place a "Notice to Vacate." This notice must be delivered to the tenant at least ten days before the rent is due (assuming a month-to-month tenancy). If the tenant does not move out by the end of the rental period, the landlord may file an eviction suit to regain possession of the unit.
End of Term
No written notice is required if the lease term ends on a certain day and there is no automatic extension of the term given in the lease. If the tenant does not move out by the end of the term, the landlord can immediately begin an eviction action.