Eviction Notice Templates

Table of Contents

• What Is an Eviction Notice?
• Do Eviction Forms Differ By State?
• What Are the Reasons for Sending an Eviction Notice?
• How Many Days in Advance Should I Issue an Eviction Notice?
• How Many Lease Violations Lead to an Eviction Notice?
• Can I Evict Periodic Tenants?
• What Eviction Notice Do I Use If a Tenant Won't Leave?
• What Should I Do Before Writing an Eviction Notice?
• How Do I Write an Eviction Notice?
• How Legal Templates Simplifies the Eviction Notice Process
• Eviction Notice Sample
• Frequently Asked Questions

What Is an Eviction Notice?

An eviction notice is a formal communication that informs a tenant of a lease violation. If the problem is curable, the notice tells them how to fix it, whether by paying overdue rent or fixing property damage. If the problem isn’t curable, the notice tells them to move out by a certain date.

An eviction form kickstarts the eviction process, which allows a landlord to remove a misbehaving tenant from their property. In most cases, issuing an eviction notice is mandatory before a landlord can file an eviction complaint in court.

If you’re preparing to evict a tenant, Legal Templates’s eviction notice template can help you start the process correctly. We offer curated forms for each state and eviction reason so you can issue the right amount of notice per local laws. Using a template designed for your needs can streamline the process and increase the odds that the steps you take will hold up in court.

Do Eviction Forms Differ By State?

Eviction notice requirements vary significantly by state. Some states have longer notice periods before eviction, while others allow for shorter timelines. The method of delivering the notice also differs—some states require personal delivery, while others allow certified mail or posting on the property.

To ensure compliance, you need the right eviction notice for your state. Legal Templates provides state-specific eviction notice forms that meet local laws, helping you avoid delays and legal issues.

What Are the Reasons for Sending an Eviction Notice?

Landlords send eviction notices for several reasons. For example, they may use it to inform a tenant that they’re late on rent payments. Landlords may also have to issue it to deal with tenants who break lease terms or commit illegal acts.

Our state-specific eviction notice templates help landlords clearly document the reason for eviction while ensuring compliance with local laws and grace periods.

How Many Days in Advance Should I Issue an Eviction Notice?

Eviction notice periods vary by state and reason for eviction. Some states allow immediate removal for criminal activity, while nonpayment of rent may require 30 days or more. Landlords must meet state minimums but can offer extra time as a courtesy to reliable tenants.

Legal Templates provides state-specific eviction notices, including 3-day, 5-day, and 10-day options, to ensure compliance.

How Many Lease Violations Lead to an Eviction Notice?

The number of lease violations needed to issue an eviction notice depends on several factors, including state laws, your lease’s terms, and the nature of the violation. For example, a single serious violation, such as illegal activity or subleasing without a sublease agreement, may be sufficient to remove a tenant from the property.

Meanwhile, minor violations—like late rent or noise complaints—may warrant several warnings before you move to eviction. The goal is often to correct behavior rather than immediately evict tenants. Giving time to fix the violation can avoid full eviction proceedings.

Landlords must always follow state-specific laws and the specific terms of the lease regarding the number of violations that can trigger eviction. Legal Templates provides forms tailored to each specific situation so you can feel confident that you’ve handled your eviction notice correctly.

Can I Evict Periodic Tenants?

You can usually end a periodic tenancy (month-to-month or week-to-week lease) without cause by providing proper notice. These leases automatically renew each period until one party gives notice, so neither party is locked into a fixed term.

A lease termination letter is the preferred method over an eviction notice, as it’s simpler and allows a smoother transition. You can use our letter template to initiate lease termination. If the tenant doesn’t comply, you may need to issue an eviction notice to start formal proceedings.

What Eviction Notice Do I Use If a Tenant Won’t Leave?

Once a tenant’s lease is up, you can start repossessing the property with a non-renewal lease letter. This message informs the tenant that you will not extend the lease, which means they must vacate the property by the lease expiration date.

If the tenant stays past the expiration date and ignores the non-renewal letter, they become a holdover tenant. At this point, you can start the formal eviction process by issuing an unconditional notice to quit. This notice can either require the tenant to leave immediately or give a specific number of days for them to vacate.

The amount of time you give will depend on the lease’s terms and state laws. Some states, for example, let landlords immediately file for eviction after the lease expires if the tenant remains without permission. Others may require you to offer them more time. Make sure that you follow your state-specific processes to ensure that the eviction is legal.

What Should I Do Before Writing an Eviction Notice?

Before writing an eviction notice, it’s important to take the right steps to ensure compliance with state laws and strengthen your case. Proper preparation can help you avoid delays and legal challenges.

1. Review the lease agreement and determine the violation.
2. Issue a notice of rent balance or an informal warning to tell the tenant about the problem.
3. Assess the tenant’s history to see if it’s a first-time offense.
4. Verify your state’s laws to ensure compliance with all eviction regulations in your area.
5. Check for any possible defenses the tenant might use.
6. Consult a local attorney if you need more help.

How Do I Write an Eviction Notice?

Writing an eviction notice requires clarity and precision to ensure it’s legally valid. Each state has specific rules on what details must be included, such as the reason for eviction and the required notice period. By following these steps, you can create an enforceable notice that protects your rights as a landlord.

1. Fill Out Landlord Details, Tenant Information, & Property Address

Fill in your information as the landlord, including your name, address, and phone number. This way, the tenant can communicate with you, either to get clarification on addressing the violation or to inform you that they’ll comply and move out.

Also, provide the tenant’s name and property address to clearly identify the intended recipient. If there are multiple tenants on the lease, make sure you add all of them to avoid future problems. When you use our template, you can easily name multiple tenants.

2. Reference the Lease & Associated Violation

Note the date that you and the tenants entered into the original agreement and name the violation. Our template offers pre-written options for you to easily choose from, which include:

• failing to pay rent
• violating the lease
• remaining on the property
• terminating a periodic tenancy

Then, state whether the violation is curable or incurable. You also have the option to reference the specific lease provision that the tenant broke for greater clarity.

Finally, if the breach can be cured, provide a deadline by which the tenant must fix the lease violation and ways they can correct it.

3. Reference State Statutes & Sign the Notice

Referencing the relevant state statutes will help streamline the eviction process if you have to proceed. Our lease eviction notice builder will populate the notice with applicable state laws and the section numbers, so you don’t have to look up the statutes yourself.

Sign the notice and specify the date you’re writing the notice so the established deadlines are clear. If needed, differentiate between the date you sign the notice and the date the tenant receives it.

Do I Need to Get an Eviction Notice Notarized?

In most cases, it is not necessary to get an eviction notice notarized. Your signature and the information provided will let the tenant know that they need to follow the notice’s terms.

4. Collect Proof of Service Information

In most states, you will need to provide proof of service to the tenant as part of moving forward with the eviction process. Proof of service is evidence that you submitted the notice and that the tenant received it. You can serve an eviction notice via the following methods:

• personal delivery
• substituted delivery (via someone living at the residence)
• posted delivery
• mailed delivery

When you use our template, you can choose whether you want to include proof of service. Even if your area’s laws don’t require it, it’s wise to provide it so you can prove when and how the tenant received the notice.

How Legal Templates Simplifies the Eviction Notice Process

Legal Templates provides state-specific eviction notices that help landlords take swift action to reclaim their property.

Our customizable templates ensure compliance with state laws while clearly communicating the reason for eviction, reducing errors and potential delays. With our easy-to-use platform, landlords can create compelling notices that encourage tenant compliance and potentially avoid lengthy legal battles.

Eviction Notice Sample

See a sample of our eviction notice template to get an idea of its structure and details. Once you know the format, you can check out our document builder to start developing your own.

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Frequently Asked Questions