What Is an Eviction Notice?
An eviction notice, also known as a notice to quit, is a formal document a landlord gives to a tenant to address a lease violation or request that they move out. It explains the issue, such as unpaid rent, property damage, or other lease violations, and, if fixable, gives the tenant a chance to correct it.
Eviction notices are often required before a landlord can file a legal eviction in court. If the tenant doesn’t leave on their own, a sheriff or law enforcement officer may remove them and their belongings after the court approves the eviction.
Our eviction notice template makes it easy to start the eviction process correctly. To stay compliant with local laws and timelines, choose a state-specific form based on your reason for eviction.
Common Reasons for Evicting a Tenant
Landlords can’t evict a tenant without a legal reason. Here are some of the most common ones:
- Not paying rent: The tenant has not paid rent on time, and the landlord has not received the full amount owed.
- Breaking the lease agreement: The tenant is not following the lease agreement terms, such as having an unauthorized pet, extra people living in the unit, or smoking where it’s not allowed.
- Damaging the property: The tenant caused serious damage beyond normal wear and tear, and didn’t fix it after being asked.
- Illegal activity: There is evidence of illegal actions at the property, such as drug use or other criminal behavior.
- Disturbing other tenants or neighbors: The tenant is creating repeated noise, threats, or other problems that affect people living nearby.
- Refusing to leave after the lease ends: The tenant stays in the rental unit after the lease is over and doesn’t have permission to remain.
How to 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 identify the intended recipient clearly. If multiple tenants are 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 you and the tenants entered the original agreement and name the violation. Our template offers pre-written options for you to 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 instructions for correcting it.
3. Reference State Statutes & Sign the Notice
If you have to proceed with the eviction, referring to the relevant state statutes will help streamline the process. Our lease eviction notice builder will populate the notice with applicable state laws and 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 must 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 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
Using our template, you can choose whether to include proof of service. Even if your area’s laws don’t require it, it’s wise to provide it to prove when and how the tenant received the notice.
Next Steps After Serving an Eviction Notice
Serving the notice is just the beginning. What happens next depends on your state’s laws, the type of violation, and how the tenant responds.
- Wait for the notice period to pass: Tenants must be given the full notice period to correct the issue or move out. Depending on the state and reason for eviction, this can range from a few days to over a month.
- Avoid “self-help” evictions: Landlords are not allowed to change the locks, shut off utilities, or remove tenant belongings without a court order, and these actions are illegal in most states.
- File for formal eviction if needed: If the tenant doesn’t comply, you’ll likely need to file an eviction lawsuit (often called an “unlawful detainer”) in your local court. This is a separate legal process that may require a hearing.
- Understand tenant rights: Tenants have legal protections, including the right to contest the eviction in court. Following the correct legal process helps prevent delays or your case being dismissed.
