Updated July 27, 2022
An eviction notice , or notice to quit , is sent by a landlord to inform a tenant that they have committed a lease violation that could result in default. Upon receiving, the tenant will have a specified number (#) of days to either comply or vacate the premises per state law .
Main Purpose
Informs a tenant that their lease is about to be terminated if a violation is not fixed within the notice period. This is most common for late rent.
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Table of Contents |
By Type (4)
Notice to Pay ($) or Vacate
– The most common reason for eviction. This form may be given when the tenant has failed to pay rent.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Notice to Comply or Vacate
– Should be given to the tenant for any lease infraction other than the non-payment of rent.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Illegal Activity
– Terminates the lease between the landlord and tenant immediately.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
Month-to-Month Termination Letter
– May be used by a tenant or landlord to cancel a tenancy at will between the parties.
Download: Adobe PDF , MS Word (.docx) , OpenDocument
By Number (#) of Days
What is an Eviction ?
An eviction is a legal process of removing a person from possessing a residential property. Reasons for landlords to file an eviction include failure to pay rent, violating the lease terms, overstaying a rental period (tenant at sufferance), and illegal activity.
Ultimately, landlords are required to follow their state’s eviction procedure laws and can not physically remove a tenant from their property (i.e. changing the locks to the property).
Curable Notice
The tenant has a set number (#) of days to “cure” or find a remedy to fix the violation. If not, the tenant will be required to move out.
Incurable Notice
The tenant has no option to “cure” or remedy the issue. The tenant must move out within a set number (#) of days.
Notice Periods & Laws
How to Evict a Tenant (6 steps)
This is a general guide. It’s best to follow the specific process in the bbin电竞官网官方永久 the property is located.
- Try to Solve the Situation
- Send the Eviction Notice
- File Eviction Papers
- Go to the Court Hearing
- Obtain the Judgment
- Collecting Past Due Rent
1. Try to Solve the Violation
Before sending an official notice, the landlord should communicate with the tenant via e-mail or text message. Since eviction notices can scare good-paying tenants, it’s best to have a calm approach that doesn’t make the tenant defensive.
Most lease violations are resolved without going past this step.
2. Send the Eviction Notice
In order to officially start the eviction process, a landlord will need to deliver an eviction notice (notice to quit) to the tenant. Deliver the notice by posting it to the tenant’s door while also sending it by Certified Mail with a Return Receipt by the USPS.
Once the tenant receives the eviction notice, they will have the opportunity to cure the violation within the allotted time frame.
It is required to send an eviction notice by any of the following methods:
- Certified mail (with return receipt);
- Hand-delivery;
- Posting in a conspicuous place (e.g. on or underneath the tenant’s door); or
- Standard mail (not recommended).
3. File Eviction Papers
If the tenant has not cured the violation within the time frame outlined in the notice to quit, you can now go to your local county courthouse by bringing a copy of the Return Receipt and filing for the eviction. Here is a list of information that you will need to bring with you to the courthouse in order to file for your eviction against the tenant successfully:
- The address and a description, if any, of the property you are seeking to possess;
- A description of the reason for the eviction;
- A detailed account as to how and when the notice to vacate was delivered;
- An accounting of all unpaid rent and dues at the time of filing; and
- If attorney fees are being sought, including a statement with the filing.
Once filed, the court will serve a summons that orders the tenant to show up to court on a specified date.
4. Go to the Court Hearing
If the tenant doesn’t have enough money to pay rent, most likely they won’t be able to afford an attorney. In most cases, a tenant will be defending themselves.
The landlord should come to court prepared with the following:
- Original lease;
- Payment Records; and
- the Notice to Quit.
5. Obtain the Judgment
If you win the case, the court will allow the tenant a small amount of time in order to pack up and leave, typically 1 week. In the event that the tenant does not move out at the end of their allotted timeframe, you may contact your local sheriff’s department and the sheriff will escort the tenant out of your property along with their possessions.
6. Collecting Past-Due Rent and Court Fees
The prevailing party is typically entitled to recover all court costs. Most of the time, the security deposit can cover most of the losses incurred by the landlord. If the security deposit isn’t enough, collecting is handled by going through a small claims court.
Although, it might take a while for you to collect your money. Depending on how much you owe, you may want to consider whether collecting is worth your time.
Video
Overview (Infographic)
Sample
EVICTION NOTICE
Date: [DATE]
This notice is sent to [TENANT’S NAME] (“Tenant”) and further directed to all residents, occupants, subtenants, and any others in possession of the Premises.
Property Address : [PROPERTY ADDRESS] (“Premises”)
Lease Start Date : [LEASE START DATE] (“Lease”)
In accordance with your Lease and the laws located in this state, after service on you of this notice, you are hereby given the following instructions:
( Check the Appropriate Box )
☐ – NONPAYMENT . Within [#] days, the Landlord demands the total amount due:
☐ – Past Rent : $[AMOUNT] For the period of: [RENT PERIOD]
☐ – Late Fees : $[AMOUNT] Details: [DETAILS]
☐ – Other Fees : $[AMOUNT] Details: [DETAILS]
Total Amount Due : $[TOTAL AMOUNT DUE]
Payment Instructions : [PAYMENT INSTRUCTIONS]
If the above payment is not made within the required timeframe, the Tenant will be required to quit and deliver possession of the Premises.
☐ – NONCOMPLIANCE . Within [#] days, you are hereby required to remedy the following violation of your Lease: [DESCRIBE THE LEASE VIOLATION]
This is in non-compliance with your Lease. You are hereby obligated to notify the Landlord by the end of the notice period that the violation has been cured or quit and deliver possession of the Premises.
☐ – ILLEGAL ACTIVITY . Within [#] days, you are hereby required to quit and deliver possession of the Premises due to the following illegal acts: [DESCRIBE ILLEGAL ACTS]
☐ – MONTH-TO-MONTH TENANCY . Within [#] days of the next payment date, you are hereby required to quit and deliver possession of the Premises in accordance with your Lease.
YOU ARE FURTHER NOTIFIED that the Landlord hereby elects to declare that forfeiture of your Lease under which you hold possession of the Premises if you fail to perform or otherwise comply. Such noncompliance will institute legal proceedings to recover rent and possession of said Premises which shall result in a judgment against you, including costs and necessary disbursements together with possible statutory damages as allowed by law for such unlawful detention.
Landlord Signature : ________________________ Date: ______________
Print Name: ________________________
Address: ________________________
Telephone: (____) ____-______
E-Mail: ________________________
How to Write
Download: Adobe PDF , MS Word , OpenDocument
I. Landlord Information
(1) Landlord Identity. The Landlord that intends to issue this notice must be identified. Commonly, this will be a Property Manager, Property Management Company, or Property Owner. The header of this document must present this Landlord’s full name as the Party originating this notice in an effort to address a serious lease violation on the Tenant’s part.
(2) Landlord Address. The business address of the Landlord is also needed in the header. This address can be a mailing address or a physical address but it must be well-maintained and remain a reliable method of contacting the Landlord for the duration of this procedure.
(3) Contact Information. The phone number of the Landlord, as well as his or her email address, should be supplied to make immediate contact available.
II.Notice Date
(4) Formal Notice Date. Dispense the official date of the notice. Bear in mind this will be the calendar date that a reviewing court will take as the first day of the notice’s effect. This, in many cases, will determine the timeline of actions that may be mandated.
IV. Concerned Tenant
(5) Tenant Name. The full name of every Leasing Tenant this notice targets must be presented. The Tenant or Tenants named here will be considered both the reason for this notice as well as the Party responsible to correct the lease violation and/or relinquish the concerned premises to the Landlord.
V. Property
(6) Property Address. The concerned property must be defined in this document. Therefore, present the address of the premises being discussed as it is recorded in the lease held between the Landlord and the Tenant being addressed. The physical address where the property is located is the only acceptable report in this area.
(7) Lease Start Date. The first calendar date of the lease agreement’s effect should also be transcribed from the original lease. The original lease must contain a record of the conditions that were violated and the signature of every Tenant named above.
VI. NonPayment Eviction Notice
(8) Nonpayment. The reason why this notice is being generated and served requires definition. Several statement options are displayed to aid in quickly defining the purpose of this notice. If the reason why the Landlord is informing the Tenant that he or she may be forced to quit the premises is “Nonpayment” then select the first checkbox statement. Additionally, the number of days that are given to the Tenant to pay the overdue amount or leave must be established in this statement using the blank space provided.
(9) Past Rent. In order for this document to impose a condition of overdue rent payment on the targeted Tenant, it will have to define the amount of “Past Rent” due and the time frame for when this unpaid rent applies. Two spaces will allow for a presentation of each of these items. Thus, report the dollar amount that is owed in back rent to the first space and the month(s)/year that remain unpaid.
(10) Late Fees. In many cases, overdue rent will cause a penalty or late fee applied to the Tenant’s account. To apply this correctly, the total amount of money the Tenant must pay in late penalty fees should be documented. Once this entry is made, an area where the details describing why these fees were assessed should be tended to. It is generally recommended to cite the discussion on “Late Fees” found in the violated lease agreement.
(11) Other Fees. Supply the sum of all “Other Fees” the Tenant may owe. For example, there may be overdue charges on amenities not considered part of the rent or a cleaning/maintenance/repair fee that the Tenant has let fall into delinquency.
(12) Total Amount Due. Add the dollar amounts reported as “Past Rent” (Item (9)), “Late Fees” (Item 10), and “Other Fees” (Item 11) to one another then document this sum as the total amount the Tenant must pay to cure the nonpayment violation.
(13) Payment Instructions. It is imperative that no question is left as to how the Tenant may effect the payment required to satisfy the debt owed to the Landlord. Therefore, make sure the targeted Tenant(s) is aware of where to submit payment, the type of payment that is acceptable (i.e. certified check, wire transfer, etc.), and to whom the payment may be submitted.
VII. Noncompliance Eviction Notice
(14) Tenant Noncompliance. If the Landlord seeks to cure a Tenant’s violations of the conditions, requirements, or terms of the lease held between these two Parties, then select the second statement option. As with nonpayment, quite a few scenarios of “Noncompliance” can be cured with a Tenant wishing to avoid eviction. Furnish the number of days given to remedy the violation to the first space provided.
(15) Compliance Requirement. Now that the Tenant has been informed that he or she was noncompliant with the lease and has a number of days to fix this problem, the nature of the violation must be discussed. To this end, define the lease condition or obligation that the Tenant failed to uphold in the second space provided by this statement. In many cases, this can take the form of a direct quote from the lease with a brief discussion on how it applies to the Tenant’s violating behavior.
VIII. Illegal Activity Eviction Notice
(16) Illegal Activity. If the Landlord’s purpose is to inform the Tenant that he or she must relinquish the premises as a result of the Tenant’s own illegal activity, then place a mark in the third checkbox statement. This option requires that the number of days given to the Tenant to turn the premises over to the Landlord lest risking legal action is reported to the first blank line.
(17) Cited Illegal Activity. If the Tenant must leave because he or she has engaged in behavior that violates the law, then this behavior must be defined. If a police report has been filed then make sure to cite the police report’s file number. A copy of such a report may be attached as well (recommended).
IX. Month-To-Month Quit Notice
(18) Month-To-Month Tenancy. Select the final statement option if the Tenant and the Landlord are currently participating in a month-to-month lease that the Landlord wishes to terminate. This will require that the number of days from the next date of rent payment when the Tenant must release the property back to the Landlord is defined.
X. Execution Of Notice
(19) Landlord Signature. This notice will not be considered to be legally issued by the Landlord unless he or she signs it then prints his or her name. If a Property Management Company is issuing this notice then a Representative of this Company should sign his or her name on its behalf.
(20) Landlord Signature Date. After this paperwork has been signed, the Landlord must dispense a recording of the current calendar date.
XI. Affidavit Of Service To Targeted Tenant(s)
(21) County And bbin电竞官网官方永久. The Party physically delivering the above notice to the Tenant on behalf of the Landlord will need to provide testimony as to how this was accomplished once this task of service is completed. Before this testimony is delivered the County and bbin电竞官网官方永久 where it is made must be reported.
(22) Date. The Server of the above notice must formally date his or her statement where requested.
XII. bbin电竞官网官方永久ment Of Server
(23) Server Name. The Notice Server must identify himself or herself in this role. As mentioned, this will be the Party that has delivered the above notice to the appropriate Tenants and will now verify that this act was done.
XIII. Recipient Description
(24) Defendant-Respondent. The Tenant that the notice above must be served to should be named as the Recipient. Furnish the name of this Respondent to Item A exactly as it appears in the violated lease and the notice above.
(25) Address/Location. The address of the physical location where the Server released the issued notice to the Recipient must be defined.
(26) Date & Time. The Server must document when the notice was released to the Tenant with the exact date and time that the physical notice left the Server’s possession.
XIV. Server Delivery Report
(27) Mail. While it is not generally recommended, sometimes it is appropriate to serve the Tenant by mail. If so, then this should be indicated as the method of delivery by marking the checkbox for the first item in Section III. This will require an additional selection, therefore the Server must also indicate if this notice was delivered using standard mail, certified mail, FedEx, UPS, or some “Other” means (i.e. private courier) by selecting one of the appropriate checkboxes this statement option presents.
(28) Direct Service. The second delivery option should be selected if the Server released the above notice directly to the Target Recipient (the Tenant).
(29) Someone At Residence. If the Server has released the notice to someone at the Tenant’s residence who was not the Tenant but can leave the Server assured that the Tenant will receive the notice, then the third delivery option should be selected and the full name of the Party who accepted the notice on behalf of the Tenant documented.
(30) Someone At Workplace. The Server should select the fourth delivery statement if he or she delivered the notice to a Co-Worker at the Tenant’s place of work. This will require that the name of the Tenant Co-Worker who accepted this notice be dispensed.
(31) Leaving At The Residence. If the Server is confident that leaving the notice in a highly conspicuous (for the targeted Tenant(s)) will achieve delivery to the Tenant and has done so, then the fifth delivery statement should be selected. This method of delivery will generally be used if the Tenant is difficult to find or is known to be traveling.
(32) Recipient Rejected Delivery. The Server should select the sixth statement if the intended Recipient was found but has rejected the notice by not accepting it. Many would consider it wise to immediately seek a professional consultation with a well-versed attorney in such a scenario.
(33) Other. If the Server has delivered the notice to another Party or has left it in a specific place where the Tenant could be relied on to see and receive it, then the last statement should be selected.
V. Server Verification
(34) Server’s Signature. This affidavit should be signed by the Server. In many cases, this signature will need to be notarized and in the majority of cases, it would be strongly suggested that it be notarized whether required or not. When a Notary Public is obtained, the Server will have to sign this paperwork and dispense his or her printed name.
(35) Server Signature Date. The Server should present the current calendar date.
