Eviction Notice Template

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An eviction notice, or “notice to quit,” is a legal document sent by a landlord that notifies a tenant of a lease violation or the termination of their rental contract. Upon receiving, the tenant will have a specified number (#) of days to either comply or vacate the premises (in accordance with State Law).

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 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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Step 1 – Enter Lease and Tenant Information

In the first blank space after the word “To:”, enter the name of the primary tenant on the lease agreement. Complete the first paragraph by entering the address of the property and the number of days the tenant has to cure the violation (In our example, we entered 10 days due to that being the minimum amount of time needed in the State of New York).

Step 2 – Lease Violation

There are mainly 3 different ways a tenant can violate their lease: Failure to pay rent, non-compliance issue, or by committing an illegal act on the property. Check the appropriate violation statement and enter the information accordingly. In this example, the tenant failed to pay rent on-time, therefore, we selected the first paragraph which demands the tenant to pay past due rent.

Step 3 – Month to Month Tenancy (Not mandatory)

Only fill this section out if the tenant is renting on a monthly basis. If this is the case, enter the starting date in which the lease first began and also the termination date in which the lease will end. In this example, the landlord must give the tenant at least 30 days notice.

Step 4 – Certificate of Service

The certificate of service is a written oath by the landlord stating when and how the notice was delivered to the tenant. Enter the day the notice was delivered, tenant’s name, check the appropriate delivery method, and lastly your signature.