Eviction Notice Templates (4)

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Updated May 07, 2022

An eviction notice (notice to quit) serves as a warning for a lease violation and begins the eviction process if the tenant doesn’t fix the issue. Upon receiving, the tenant will have a specified number (#) of days to either comply or vacate the premises in accordance with State Law.

Main Purpose

Informs a tenant that their lease is about to be terminated if the tenant does not fix the violation within the notice period. This is most common for late rent.

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.

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 their possession of a residential property. Reasons for landlords to file an eviction include failure to pay rent, violating the terms of a lease, 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 vs Incurable Notice

Curable Notice Incurable Notice
 After Serving The tenant has a set # of days to “cure” the violation. If not, the tenant will be required to move out. The tenant has no option to “cure” the issue. The tenant is required to move out with a set # of days.
 Sample Notices Non-Payment of Rent, Non-Compliance Illegal Activity, Lease Termination (month-to-month tenancy)

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 § 89-7-27, § 89-8-13(3)(b)
 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 6-Day 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 the property is located.

Step 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.

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).

Step 3 – File Eviction Papers

If the tenant has not cured the violation within the time frame set forth 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 successfully file for your eviction against the tenant:

  • 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.

Step 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.

Step 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.

Step 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 is owed to you, you may want to consider whether collecting is worth your time.

Overview (Infographic)

Frequently Asked Questions (FAQs)

How long does an eviction take?

To legally evict a tenant, from the very first action taken by a landlord by sending a notice to quit to obtaining a judgment in court, it will take a minimum of 1 month but realistically it can take up to 2 or 3 months if the tenant holds out.

What is an Unlawful Detainer?

An Unlawful Detainer or Forcible Entry and Detainer is the legal term for the court proceeding when evicting a tenant. People are often confused that one term means different from the other but in fact, the term Eviction is more widely used to describe a landlord bringing a case against a tenant to obtain a court order (civil case) to legally obtain possession of a property from a tenant.

What happens (as a tenant) when you get evicted?

From the tenant’s perspective, going through an eviction is never fun and it can be quite stressful as you are dealing with debt while also trying to find another place to call home. In most cases, you will not receive your security deposit, as that money is used to pay for unpaid rent, legal costs, and moving costs (in the event you are unable to remove your furniture and belongings).

When you are officially evicted, the landlord will have obtained a court order to legally enforce you to leave the property which will give you about 7 days to remove your belongings and leave. If you fail to leave after the final day, the landlord can order the local sheriff to physically remove you and your personal belongings out and onto the street curb. By all means, you never want the situation to escalate that far and it’s always best to try to resolve the situation from the beginning.

How long does an eviction stay on your record (credit report)?

An eviction will be in the public record for a period of seven (7) years. The good news is that an eviction judgment is not stated on a credit report but will appear on consumer reports.

How to get rid of tenants without an eviction?

Unfortunately, there are not many ways to remove a tenant without having to legally go through with the eviction process as it is illegal to forcefully remove a tenant without a court order. Alternative ways to rid tenants without going through an eviction:

  1. Allow the tenant to break the lease without penalty. Return their security deposit pending that the tenant returns possession of the property back to you. This might save you money as you won’t potentially lose 2-3 months of rent while going through the eviction process.
  2. Communicate and be flexible with the tenant, allowing them more time to cure unpaid rent.
  3. Setup a payment schedule allowing the tenant to gradually pay back unpaid rent.

Can a writ of possession be stopped?

A writ of possession is a court order that gives permission to the local sheriff to remove a tenant from the landlord’s property, which is the final act in the eviction process if a tenant refuses to leave their dwelling. In most cases, it can not be stopped, unless somehow the tenant wins the lottery and pays back all dues, but even in that unlikely scenario – a landlord would want the tenant gone.

How to Write

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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 State. 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 State 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. Statement 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.

(Video) How to Evict a Tenant