Management Handbook Form Instruc-Tions

Management Handbook Form Instructions

LV-6h NOTICE TO VACATE FOR NON-PAYMENT OF RENT (HUD Properties Only) (Three-Day Notice)

All Residents shall receive this form after the HUD required “10-Day Notice” grace period expires and the delinquent Resident’s rent balance still exceeds $100.00 or more.

Many states require that for non-payment eviction purposes, a “Notice to Vacate for Non- Payment of Rent” (Three-day Notice), be sent to the delinquent Resident.

For the states of New Mexico and Texas, a “Notice to Vacate” (Three-day Notice) is required for a non-payment of rent eviction.

Even though a “Ten-day Notice” was sent to the Resident between the 4th and 5th of the month, the “Ten-day Notice” is only a HUD requirement. Most courts will not recognize this “Notice” as the required legal notice.

Property Managers will complete, deliver, and distribute the “Notice” according to the instructions on the form. If you have any questions or concerns, please contact the Regional Property Supervisor for assistance.

In the event that a Resident does not respond to this “Notice”, the Property Manager will pursue an eviction hearing on the day following the day this “Notice” expires.

This form does not require the balances to be included on it as long as when filing for the eviction, a copy of the “Ten-day Notice” is attached to it.

If legal assistance is necessary (not required), all appropriate “Notices” and backup documentation pertaining to the eviction will be copied and delivered to the Regional Property Supervisor in the Corporate Office. The Regional Property Supervisor will review the material, confer with and deliver to the Attorney for eviction processing.

Property Managers should file and perform eviction processing without an Attorney if possible. However, when an Attorney represents the Resident, the Property Manager should seek Attorney representation.

Distribute the form as follows: (See also “Service” on the form)

Original – Resident Copy – Resident File under “Notices” Copy – First Class Mail

Notice to Vacate (5/04) Page 1 of 1 LV-6h