Is it easier to evict for Non-Payment or Non-Monetary Violations

Once a Tenant stops paying rent, a Landlord needs to act quickly.  The longer they wait, the more money they will lose.  At that point, an Eviction is the best option.  Landlords also have Tenants that violate the lease for reasons other than non-payment of rent.  While both are effective in removing Tenants, they face different obstacles. If you have questions about whether it is easier to Evict a Tenant for Non-Payment or Non-Monetary Violations, contact us at (954) 990-7552.

Is it easier to Evict for Non-Payment or Non Monetary Violations?

There are two types of Evictions:  Non-Payment and Non-Monetary.   While both have obstacles, Evicting a Tenant for non-payment is easier.  In other words, a Landlord has less to prove in Court.  A Tenant has to pay or vacate after they are served with a 3 Day Notice.  If they do not vacate and do not pay rent, an Eviction will be served against them.  They will have 5 business days to respond.  However, if they are going defend it and disagree with the amount alleged, they will need to deposit the rent into the Court Registry.  If they choose to deposit the rent, they will likely file a Motion to Determine Rent.  The Court will then set it for Hearing.

At the Hearing, the Court will determine the amount owed and require them to deposit it in the Registry.  A Final Hearing will be scheduled if it is deposited.  A Tenant has less defenses in a Non-Payment Eviction unless they serve their Landlord a 7 Day Notice to Cure allowing them to withhold rent.    

Why do Non-Monetary Evictions take longer?

Removing a Tenant for violations unrelated to Rent takes more time.  Unlike an Eviction for Non-Payment, a Landlord must give the Tenant a 7 Day Notice to Cure or Vacate.  It must state the violation but allow them to cure it within 7 Days.  The Tenant will likely object.  The difference with a 3 Day Notice is there are less defenses.  The Tenant paid or they did not.   With a Non-Monetary Violation, the Tenant may claim they have witnesses to disprove the allegations.  It also depends on whether they have the opportunity to cure the violation or leave within 7 days.    If they do not leave after being served with a 7 Day Notice of Termination, an Eviction will be filed against them.  Once they respond, the Court may require an evidentiary Hearing or schedule it for a later date even though it falls under Summary Procedure.   

Evictions for Non-Monetary Violations generally take two to three weeks more than Non-Payment.  It does depend on several factors.  If you have questions about the Eviction Process and its’ timelines, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.