An eviction notice, otherwise called a notice to quit, is a document prepared by a landlord to inform a tenant of a lease violation they have engaged in and the acceptable remedies. Upon receiving the notice, the tenant may have a specified amount of time to cure the situation or face termination of the lease agreement. In some cases, there is nothing the tenant can do but vacate the property.
The eviction process can be difficult on all parties involved, especially since it is usually regulated by several state and federal laws. This analysis of eviction notice templates should help you effectively communicate eviction messages.
What Is an Eviction?
An eviction, also called an Unlawful Detainer, refers to the legal process of removing a tenant from a residential process. Most states require that landlords follow eviction procedure laws, and a landlord cannot physically remove a tenant from their premises.
Some of the reasons a landlord may decide to evict a tenant include when a tenant:
- Fails to pay rent on time
- Engages in illegal activity on the property
- Violates the terms of their lease agreement
- Overstays their lease
How to Evict a Tenant
As already mentioned, you cannot evict a tenant without a valid reason, and even with one, you cannot physically remove them from your property. The typical eviction will progress as follows:
Step 1: Resolution Attempt
When a tenant commits a violation, you should first attempt to resolve the matter. Send a letter informing them of the breach and what they can do to cure it.
Step 2: Eviction Notice
If the tenant fails to heed your warning, deliver an official eviction notice to their door and send another copy through Certified Mail. This is the only way to start the eviction process officially.
Step 3: Eviction Lawsuit
In the event the tenant fails to cure the violation or vacate the premises by the set date, you can file for eviction with your local county courthouse. You will need to provide the following details:
- The property address
- Violation or reason for the eviction
- A record of all unpaid rent and costs
- Information on how and when you delivered the eviction notice
- A statement indicating whether you are seeking compensation for attorney fees
Step 4: Court Proceedings
After filing the eviction papers, the court will serve the tenant with a summons specifying a court date. You will be expected to show up in court to argue your case.
Step 5: Tenant Removal
If the court rules in your favor, it will allow the tenant approximately seven days to vacate the property. If they fail to move, you can contact the local sheriff to escort them out.
Step 6: Court Fees Collection
If the tenant’s security deposit fails to cover your attorney fees, a small claims court can help you get compensated.
Writing an Eviction Notice
The most crucial component of eviction notice is the statement indicating that the tenant may be evicted by a specific date. Without this notice, as well as proof of delivery, you cannot begin the legal eviction process. You can fill in an eviction notice or a notice to quit by following these steps:
- Entering the tenant and lease information, including the dates and property address
- Explaining your reason for evicting the tenant, e.g., failure to pay rent
- Providing an acceptable way through which the tenant may cure the violation
- Imposing a deadline for action
- Mentioning your intention to evict the tenant if they fail to comply by the set date
- Finally, you should fill in a certificate of service, which is a written oath specifying when and how you delivered the eviction notice. It includes the date, tenant’s name, delivery method, and your signature.
Eviction Notice Format
{Date}
{Tenant’s Name}
{Property Name}
{Property Address}
{City, State, Zip Code}
Re: {Nature of Eviction Notice}
Dear {Mr./Mrs./Ms. Last Name},
This is in regard to {property number/name}, located on {property address} from {property owner/manager}, which you lease on a {type of lease agreement}.
It has come to my attention that {describe the type of violation, e.g., overdue rent or illegal activity}. Due to this, I am writing to request that you {available mode of resolution, e.g., pay the due amount} by {deadline}, or I will be forced to {provide eviction notice}.
If you have any questions, contact me at {contact information}.
Sincerely,
{Your Name}
{Your Signature}
Sample Notice to Pay ($) or Vacate
17 April 2031
Dear Mr. Beauchamp,
This is to notify you that the rent is overdue on Apartment 21G, which you currently hold and occupy. Your account record currently read as follows:
· Rental period – January to February, February to March, March to April
· Rent due – $9,340
· Late fee charges – $300
· Total rent due – $9,640
Pursuant to your lease agreement, you are required to pay the overdue amount or vacate the premises within 15 days of receiving this notice. If you fail to make payment, I will file a lawsuit to evict you.
Please contact me at marvinfitzgerald@email.com if you have any questions.
Sincerely,
Marvin Fitzgerald
Sample Notice to Comply or Vacate
17 April 2031
Dear Mr. and Mrs. Warren,
It has come to my attention that you are keeping a horse on the premises located at Rudy Road, 12092, which you lease from Miller Apartments Ltd. This act is in non-compliance with your lease agreement, and you are hereby requested to cure the violation or quit possession of the premises.
If you fail to comply with this notice within 15 days of receiving this letter, I will institute legal proceedings against you for eviction purposes.
Please contact me at beverlymiller@email.com if you have any questions.
Sincerely,
Beverly Miller
Sample Illegal Activity Notice
17 April 2031
Dear Grace Adams,
This is in reference to House 23A, located on Wilbur Road, 20901. Following the rental inspection carried out on 15 April, it has been established that you have violated your lease agreement by engaging in illegal activity on the property.
The activity in question is turning your apartment into a Bed and Breakfast and listing it online as such. Pursuant to the breach clause on your lease, you are notified that your tenancy is terminated, effective 30 April 2031 at 11:00 AM.
You must vacate the premises no later than this date and time, or a lawsuit will be filed against you.
Sincerely,
Lucy Smith
Sample Month-to-Month Termination Letter
17 April 2031
Dear Mr. Reuben,
I am writing concerning your lease agreement for the Springs apartment located at Greek street, 12091, which is set to expire on 30 April 2031. The lease is renewed on a month-to-month basis. Unfortunately, I am unable to renew it any further.
This decision is based on my plans to sell the property at the end of the year. I believe this notice will allow you enough time to find another place to live.
Please contact me at chelseaprattler@email.com if you have any concerns.
Sincerely,
Chelsea Prattler
Eviction Notice (Word Template)
Key Takeaways
The law is very particular about the conduct of landlords and tenants in matters of eviction. As a landlord, you should never take matters into your own hands by physically trying to remove a tenant from your property. Instead, you should make use of these eviction notice templates to notify the tenant of their violation and give them a chance to cure it or face eviction.
