Eviction Notice Templates (4)

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Updated October 24, 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

An eviction notice informs a tenant that their lease will be terminated if a violation, such as unpaid rent, is not fixed within the notice period.

By State

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.

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Notice to Comply or Vacate – Should be given to the tenant for any lease infraction other than the non-payment of rent.

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Illegal Activity – Terminates the lease between the landlord and tenant immediately.

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Month-to-Month Termination Letter – May be used by a tenant or landlord to cancel a tenancy at will between the parties.

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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

State Non-Payment Non-Compliance Laws
 Alabama 7-Day Notice 7-Day Notice § 35-9A-421(b), § 35-9A-421(a)
 Alaska 7-Day Notice 10-Day Notice AS 34.03.220(b), AS 34.03.160
 Arizona 5-Day Notice 10-Day Notice § 33-1368(2b), § 33-1368(A)
 Arkansas 3-Day Notice 14-Day Notice § 18-60-304(3), § 18-17-901
 California 3-Day Notice 3-Day Notice CCP § 1161(2), CCP §1161(3)
 Colorado 10-Day Notice 10-Day Notice

§ 13-40-104

 Connecticut 3-Day Notice N/A § 47a-23
 Delaware 5-Day Notice 7-Day Notice Title 25 § 5502, 25 § 5513
 Florida 3-Day Notice 7-Day Notice § 83.56(3), § 83.56(1)
 Georgia Immediate Notice N/A § 44-7-50
 Hawaii 15-Day Notice 10-Day Notice § 521-68, § 521-72
 Idaho 3-Day Notice 3-Day Notice § 6-303(2), § 6-303(3)
 Illinois 5-Day Notice 10-Day Notice 735 ILCS 5/9-209, 735 ILCS 5/9-210
 Indiana 10-Day Notice N/A IC 32-31-1-6
 Iowa 3-Day Notice 7-Day Notice § 562a.27(2), § 562A.27(1)
 Kansas *10-Day Notice *14-Day Notice *§ 58-2507, *§ 58-2564(1)
 Kentucky By County By County By County
 Louisiana 5-Day Notice 5-Day Notice CCP 4701
 Maine 7-Day Notice 7-Day Notice Title 14 § 6002, § 6025 & § 6002
 Maryland 10-Day Notice 30-Day Notice § 8-401, § 8–402.1
 Massachusetts 14-Day Notice 30-Day Notice Chapter 186, Section 11
 Michigan 7-Day Notice 7-Day Notice § 554.134(2), § 600.5714 & § 554.134(4)
 Minnesota 14-Day Notice N/A § 504B.135(b)
 Mississippi 3-Day Notice 14/30 Day Notice § 89-8-13
 Missouri Immediate Notice 10-Day Notice § 535.060, § 441.040
 Montana 3-Day Notice 3-Day Notice § 70-24-422
 Nebraska 7-Day Notice 14/30 Day Notice § 76-1431(2), § 76-1431(1)
 Nevada 5-Day Notice 5-Day Notice NRS 40.2512
 New Hampshire 7-Day Notice 30-Day Notice  § 540:3
 New Jersey 30-Day Notice 30-Day Notice § 2A:18-61.2(b)
 New Mexico 3-Day Notice 7-Day Notice § 47-8-33, § 47-8-33(b)
 New York 14-Day Notice 30-Day Notice § 711(2), § 753(4)
 North Carolina 10-Day Notice Immediate Notice § 42-3, § 42-26
 North Dakota 3-Day Notice 3-Day Notice § 47-32
 Ohio 3-Day Notice 3-Day Notice § 1923.02 & § 1923.04, § 1923.04
 Oklahoma 5-Day Notice 10/15 Day Notice Title 41 § 131, § 41-132
 Oregon 72-/144-Hour Notice 10/14 Day Notice ORS  § 90.394, § 90.392
 Pennsylvania 10-Day Notice 15/30 Day Notice § 250.501(b)
 Rhode Island 5-Day Notice 20-Day Notice § 34-18-35, § 34-18-36
 South Carolina 5-Day Notice 14-Day Notice § 27-40-710(B), § 27-40-710
 South Dakota 3-Day Notice Reasonable Notice § 21-16-2(4), § 43-32-18
 Tennessee 14-Day Notice 30-Day Notice § 66-28-505, § 66-7-109
 Texas 3-Day Notice 3-Day Notice § 24.005
 Utah 3-Day Notice 3-Day Notice § 78B-6-802
 Vermont 14-Day Notice 30-Day Notice § 4467
 Virginia 5-Day Notice 21/30 Day Notice § 55.1-1415, § 55.1-1245
 Washington 14-Day Notice 10-Day Notice SB-5600RCW 59.12.030
West Virginia Immediate Notice Immediate Notice § 55-3A-1
 Wisconsin 5-Day Notice 5-Day Notice § 704.17(2)
 Wyoming 3-Day Notice 3-Day Notice § 1-21-1003

How to Evict a Tenant (6 steps)

This is a general guide. It’s best to follow the specific process in the state where the property is located.

  1. Try to Solve the Situation
  2. Send the Eviction Notice
  3. File Eviction Papers
  4. Go to the Court Hearing
  5. Obtain the Judgment
  6. Collecting Past Due Rent

1. Try to Solve the Violation

landlord explaining violation to tenants

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

mail courier delivering 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)
  • Standard mail (not recommended)

3. File Eviction Papers

outside of courthouse

If the tenant has not cured the violation within the timeframe 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, include 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

judge holding gavel in courtroom

If the tenant doesn’t have enough money to pay rent, they most likely 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
  • Notice to quit

5. Obtain the Judgment

tenant loading boxes of belongings into car trunk

If you win the case, the court will allow the tenant a small amount of time in order to pack up and leave — typically around one 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, who will escort the tenant out of your property along with their possessions.

6. Collecting Past Due Rent and Court Fees

landlord sitting in chair counting money

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.

However, 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.

Overview (Infographic)

how to evict a tenant 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: ________________________