Eviction Notice Templates

An eviction notice is a legal document a landlord sends to tenants to inform them that they must fix a particular problem or vacate the property within a certain number of days. This notice informs tenants of the issue and demands corrective action or vacating the property within a set period.

By State

By Reason/Action

By Number of Days

Table of Contents

• By State
• By Reason/Action
• By Number of Days
• What Is an Eviction Notice?
• Eviction Notice Example
• Notice Periods & Laws - By State
• Types of Eviction Notices
• What Is the Eviction Process?
• What Should You Include in an Eviction Notice?
• Sample Eviction Notice
• How to Write an Eviction Notice
• Frequently Asked Questions

What Is an Eviction Notice?

An eviction notice (or eviction letter) is a legal document used by a landlord to evict a tenant who fails to comply with the original terms of the lease or rental agreement.

In some cases, the landlord may believe the problem is not fixable and send an incurable notice. In the case of an incurable eviction notice, the tenant has no choice but to vacate the property within a certain number of days.

Even if the landlord serves the notice, the tenant has the right to stay on the premises until a judge hears from the landlord and tenant.

What Is the Difference Between a “Tenant at Will” and a “Tenant at Sufferance”?

Most states give a “Tenant at Will” more protection than a “Tenant at Sufferance.”

A tenant usually stays on the premises with the landlord’s permission, so states often give such tenants more advanced notice (i.e., 30-day notice).

In contrast, a tenant at sufferance (i.e., a holdover tenant) stays on the premises without the landlord’s permission and gets less time for a landlord to begin an eviction (i.e., usually, no advanced notice is required).

Here’s an easy-to-understand chart describing the differences:

Eviction Notice Example

The following example records a notification given by the landlord, Sarah R Cooper, to the tenant, Margaret A Burgess. Sarah R Cooper wishes to inform Margaret A Burgess that the lease is terminated and that Margaret needs to leave the premises.

Notice Periods & Laws – By State

Use the table below to find out which type of notice you need to provide based on state-specific applicable periods and laws:

Types of Eviction Notices

1. Pay Rent or Quit Notices (“Failure to Pay Rent”)

The tenant has a certain number of days (check your local housing laws) to pay rent or leave.

For example, imagine Steven, who is a tenant in South Dakota. His rent is due at the end of each month. August 31st comes and goes, and he misses his rent payment. His landlord can send a 3-day notice to quit for non-payment of rent, giving Steven three days to pay his rent or move out.

Most state eviction laws agree that tenants should pay their rent on time. More than a third of the states require landlords to give a minimum 3-day notice when rent is late or overdue, while almost a quarter of the states require a minimum of 5 days, and only six states require seven days.

2. Cure or Quit Notices (“Lease Violation”)

Tenants have a certain amount of time to correct or “cure” a problem, such as violating a no-smoking or no-pet policy. Otherwise, they must leave or “quit” the premises.

For example, imagine Laura, who is a tenant in Vermont. Her lease has a direct clause stating that she isn’t allowed to have more than one dog. During an inspection, the landlord observes two dogs in her apartment. The landlord can issue a 30-day notice to quit for non-compliance, giving Laura 30 days to get rid of the unauthorized dog or move out.

States vary widely on the minimum number of days a landlord should give tenants to cure the default (i.e., no longer violate the lease provision). Nine states require that landlords give tenants a minimum 3-day notice if a tenant has broken one of their promises in the lease agreement.

Interestingly, eight states do not require a minimum notice since the lease already spells out the obligations, and the tenant is perhaps assumed to have broken the lease knowingly.

3. Unconditional Quit Notices (End “Month-to-Month”)

The tenant cannot pay rent or correct the problem because, on multiple occasions, they have:

• Failed to pay rent on time
• Violated the lease agreement
• Seriously damaged (or is currently damaging) the premises
• Committed a crime on the premises (like selling drugs or running a prostitution business)

For example, consider Bradley, a tenant in South Carolina. He engages in illegal drug use on the property. His landlord can issue an immediate notice to quit for illegal activity, giving him no option to correct the breach.

Most states (more than ⅔) require only a 30-day notice to end a month-to-month or holdover tenancy, but some states, like Delaware and Georgia, provide a more tenant-friendly 60-day notice.

Landlords also use unconditional quit notices to end an unwanted landlord-tenant relationship with someone who has overstayed their lease (i.e., a Tenant at Sufferance).

What Is the Eviction Process?

Generally, the rules and regulations governing the process provide different protections for landlord and tenant due process. Neither the tenant nor the landlord can be deprived of “property” in the form of either housing (for the tenant) or rent money (for the landlord), following appropriate legal procedures and safeguards.

The eviction process is akin to an expedited lawsuit by the landlord (i.e., plaintiff) against the tenant (i.e., defendant). It ensures that both the tenant and the landlord receive fair treatment. Only the judge has the final say in whether the tenant must leave.

Other ways to refer to the eviction process include:

• Ejectment
• Eviction lawsuit
• Forcible detainer
• Repossession
• Summary process
• Summary possession
• Unlawful detainer action (UDA or UD)

Usually, the eviction process is a “summary” court procedure. This means that the court will move forward with the case quickly, and the tenant has a short time to respond to the lawsuit.

Instead of waiting months for a judge to hear the case, the landlord and tenant can appear before the local court relatively soon after the landlord files a complaint.

When Do You Need an Eviction Notice?

Landlords use it to inform tenants that the eviction process is beginning. Still, landlords may not need to begin eviction if the landlord and tenant can resolve the problem themselves.

In most cases, it is desirable to avoid serving the notice to save both parties time, energy, and expense.

The following are some possible reasons for eviction:

• The tenant has failed to pay rent.
• The tenant has violated the lease agreement.
• The landlord wishes to terminate a month-to-month tenancy.
• The lease has ended, and the tenant has remained on the property (holdover).

If the tenant is late paying rent, there are several procedures a landlord can follow.

Sometimes, a sincere apology, candid communication, and an honest willingness to cooperate can save the landlord and tenant time and money in the long term.

If landlords and tenants cannot resolve a disagreement, and landlords want to end the lease agreement and properly ask tenants to leave by a specific date, they should send the notice.

Some states require landlords to store abandoned belongings for a specific time.

In contrast, others allow landlords to sell these items, but only after contacting the tenant, posting a notice in the newspaper, or following other strict procedures.

How to File an Eviction

If a landlord doesn’t follow the proper procedures, the tenant can challenge the eviction on a technicality and force the landlord to restart the process.

For example, if the landlord was required to give a 10-day notice but only gave a 3-day notice, the tenant may be able to claim that you violated their right to due process.

A landlord should consult their local housing laws and carefully follow the strict steps to evict a tenant properly.

It’s my house! Can’t I kick out a bad tenant?

Even if a tenant is actively damaging the premises, a landlord may NOT resort to self-help measures. Instead, if the landlord is right, the court will require the tenant to move out sooner. In most states, self-help measures are ILLEGAL.

A landlord may NOT:

• Change the locks
• Put padlocks on the door
• Remove outside doors or windows
• Shut off the lights, gas, or water
• Move out the tenant’s furniture
• Intimidate or harass the tenant to move out
• Physically remove the tenant (i.e., Uncle Vinny can NOT help you)

The landlord MUST use the court-administered eviction process to remove the tenant from the premises.

Ultimately, only the courts have the power and authority to decide whether an eviction can legally occur.

What Should a Landlord Include in an Eviction Notice?

When drafting the document, remember that it should answer: Who, Why, Where, What, and When.

Who does it apply to

• The tenant’s name and address
• The landlord’s name and address

Why there is the reason for an eviction

• Failure to Pay Rent
• Lease Violation
• Month to Month Tenancy Ended
• Lease Expired (i.e., Holdover Tenant)

Where the eviction occurs

• The “Address” or the “Premises:”

This is the address and location of the rental property (or “Premises”) from which the landlord is evicting the tenant. If the address applies to your type of housing, be sure to include any room or apartment number as part of the street address.

What should be done to fix the problem

• The name and date of the original lease agreement
• A reference to the lease about how the tenant can fulfill their promise

When the tenant must remedy the situation

• The notice is in effect (the “Notice Date”)
• The tenant must pay rent or leave the premises by a specific date (“Deadline”)

Sample Eviction Notice

PDF

Word

How to Write an Eviction Notice

Before you fill out your notice of termination, enter the state where you will start the eviction process.

Step 1 – Fill Out Tenant Information and Property Address

1. Tenant Name. Provide the names of all tenants that entered into the original lease agreement.

2. Property Details. Enter the complete street address for the rental property, including the unit/apartment/room number, if applicable. This is the physical location from which you are evicting the tenant.

Step 2 – Enter the Lease Agreement and Late Rent Details

3. Name of Original Agreement. Write the name/title of the original agreement between the tenant and landlord, such as a Lease Agreement, Rental Agreement, or Residential Lease Agreement.

4. Date of Original Agreement. Fill out the date of the original lease agreement (the date the landlord and tenant entered the contract).

5. Past Due Rent Dates. Provide the start and end dates for the period the rent is past due.

6. Past Due Rent Amount. Write the amount of money for past due rent that the tenant owes the landlord.

7. Total Late Fees. Enter the number of late fees (due to past due rent) the tenant owes the landlord. The original lease agreement should address the calculation of late fees. Remember that state laws regulate late fees and may limit the amount a landlord can charge a tenant for late rent; for example, late fees cannot exceed 5% of the rent due in some states.

Step 3 – Tell the Tenant How to Pay the Late Rent

8. Date to Pay Past Due Rent. Explain the number of days the tenant has to pay the amount past due or face eviction. The number of days the tenant must pay depends on the state your property is located in (for example, three or five days’ notice.) If the tenant does not pay within that time frame, you can terminate the tenancy, and the tenant must leave the property.

9. How to Pay Past Due Rent. Select one of the acceptable methods for receiving the past-due rent payment.

Step 4 – Reference State Statues and Sign Notice

10. Notice Provided in Accordance with State Statute. Depending on your property’s location, our builder will populate the applicable state law/regulation name and section number.

11. Landlord Name and Date of Signature. Sign and date this notice.

12. Landlord Contact Information. Provide the most current information so the tenant can contact the landlord if necessary.

Step 5 – Provide Proof of Service Information

Proof of service is an affidavit, signed under oath, that acts as proof that the Eviction Notice/Notice of Termination was served to the Tenant.

13. Date of Delivery. Enter the date of delivery. This is important because it provides evidence of the date the notice is delivered to the tenant, which starts the number of days the tenant has to pay the past due rent.

14. Method of Delivery. Choose a method of delivery. Personal hand delivery to the tenant is one of the best and most direct methods. Delivery to someone other than the tenant is acceptable if the server is confident the recipient will reliably give the notice to the tenant. The server should complete the fields for the person receiving the notice and the address of the location where the notice was delivered.

Step 6 – Sign the Notice

15. Person Delivering Notice. The server, the person delivering the eviction notice/notice of termination, signs and dates the proof of service and prints the full name.

Frequently Asked Questions