If you want or need to end a lease agreement, you may wonder how to evict a tenant. An important part of the process is serving an eviction notice to inform your tenant they must leave. You must carry out this process while following federal, state, and local laws to protect your rental business and ensure compliance. Learn the various methods for serving an eviction notice below and discover more about the process.
What Does It Mean to Serve an Eviction Notice?
When you serve an eviction notice, you inform a tenant that they must vacate your property. If the tenant complies, their lease ends, and you can regain possession of the property.
However, serving an eviction notice isn’t as simple as a casual conversation with or a text to your tenant. Instead, you must follow specific legal procedures. For example, you must provide an adequate amount of notice. Some states require 30 to 60 days’ notice, while others have less or more strict requirements depending on the reason for eviction.
You must also issue an eviction notice for a valid and legally enforceable reason. Common reasons include illegal activity, lease violations, or late rent payments. Depending on where you live, you may have to give the tenant a chance to correct their behavior before you can serve an incurable eviction notice.
If you want to evict a tenant simply because you want the property back, you may need to wait for the end of the lease term to arrive. Some states let you evict tenants if you or an immediate family member plan to move in, but these exceptions are often heavily regulated.
How Do You Serve an Eviction Notice? 
Serving an eviction notice is an important first step in getting a tenant to vacate your property. Often, it can be enough to get them to leave, but you must follow these steps to ensure you serve it properly.
1. Write an Eviction Notice
Write an eviction notice to tell a tenant they need to leave your property. Include the tenant’s name, the date you want them to leave, and the reason for the notice. Clarify the number of days’ notice you’re providing and whether you’re giving them a chance to fix the issue. Reference the relevant laws to prove you’re in compliance with local regulations.
If you need help writing a legally enforceable eviction notice, you can use our document builder. Start your 7-day free trial today to create a customized eviction notice that meets your state’s legal requirements and retains your rights through the rental process.
2. Choose a Delivery Method
Once you write a solid eviction notice, you should choose a delivery method. You can deliver an eviction letter via one of the four options we explore in the next section:
- in-person
- process server
- law enforcement officer
- certified mail
There is no “right” delivery method, but each has pros and cons worth exploring.
3. Confirm Delivery
Record how your eviction notice was delivered so you can show that the tenant received it. Be as specific as possible, ensuring you include the date of the delivery and whether you can confirm the tenant got the notice in their possession. Keep a copy of these details for your records. This way, you can refer to the specific details if you initiate an eviction case in court.
After you confirm delivery, wait for compliance from the tenant. If they don’t vacate the property by the date you specified, you can take further legal action.
What Are the Methods for Serving an Eviction Notice?
Did you know you have multiple options for serving an eviction notice? One size won’t fit all, so you can determine the method that works best for you as long as it’s allowed in your jurisdiction.
1. In-Person
As the landlord, you can serve the tenant an eviction notice. All you have to do is knock on the tenant’s door and hand them a copy of the eviction notice.
This method is desirable because you can personally confirm the tenant received the notice. If you collect a signature from them at the time of your personal delivery, you can also show sufficient proof of service.
Consider if this method is the right option before going, as it can be potentially dangerous. Tenants may retaliate if they’re upset about the eviction. If you choose this route, bring a trusted friend, family member, or business partner, but you can also consider a more uninvolved option to protect yourself.
2. Via a Process Server
If you don’t want to insert yourself for safety or convenience reasons, you can enlist the help of a process server. This professional has the necessary authorization to deliver legal documents as a neutral third party.
Process servers are experts at what they do. They understand the applicable laws in your area and know how to serve an eviction notice properly. This assurance can limit your exposure to legal risks and create a more efficient eviction process. If you use a process server, verify their qualifications and background to ensure you’re working with a qualified professional.
They can even go the extra mile and serve a tenant who is intentionally evading service. Because you’re paying them for this specific task, they’re more motivated to get the job done right.
While process servers do not need to be licensed in every state, find out if your state requires it.
3. Via a Law Enforcement Officer
Some areas let you serve an eviction notice through the sheriff or another law enforcement officer.
This method is reliable for providing proof of service and ensures compliance with legal requirements, as law enforcement officers are trained on the procedures to follow while serving processes. The presence of a sheriff may motivate your tenant to comply with your demands, as a sheriff’s communication can seem more compelling and serious.
Requesting a law enforcement officer’s help can be ideal, especially if there are safety concerns. For example, suppose your tenant is hostile and likely to become violent. In this instance, using local law enforcement can provide extra safeguards.
If you want to move quickly, law enforcement officers may not be the best method, as they may have availability issues or backlogs preventing them from efficient service.
4. Via Certified Mail
If you want to guarantee receipt but don’t want to go yourself or involve another person, consider using certified mail. Certified mail lets you send documents via the United States Postal Service (USPS). It lets you know when the recipient gets it, as they have to sign before accepting any mail.
This method is attractive because it shows solid proof of service. If an eviction case goes to court, a tenant will have a hard time arguing against certified mail delivery. If USPS can’t deliver a piece of certified mail, they will return it to you, the sender, as unclaimed or undeliverable.
What’s the Best Way to Serve an Eviction Notice?
The best way to serve an eviction notice depends on various factors relating to your situation. Your state or jurisdiction may have limits on what delivery methods they permit. For example, some states don’t consider certified mail as reliable as other methods, so they may not allow it at all.
The best method for your situation also depends on the complexity of your case. For example, suppose you have a tenant who has recently been late paying rent but hasn’t shown problems or hostility before. After issuing a notice of the current rent balance and still not getting a response, you may deliver an eviction notice in person.
However, if the tenant is regularly participating in illegal activity or presents a threat to you or other residents, you may want to involve your local sheriff. If you want a method with more solid proof but don’t need to involve the sheriff, you can use a process server or certified mail.
What If a Tenant Ignores an Eviction Notice?
If a tenant ignores an eviction notice after receiving it (or refuses to sign for certified mail), you can proceed with the eviction process. The next step is to file a complaint with the local court. You’ll likely need to show proof of service and present a copy of the lease agreement.
Ensure you wait the required amount of time after serving the eviction notice before filing a complaint with the court, as each jurisdiction has specific rules about how long you must wait before taking legal action.
How Much Does Serving an Eviction Notice Cost?
The cost of serving an eviction notice depends on your jurisdiction, the method you choose, and whether you use a professional process server.
A process server may be a bit more costly, especially if they have to make multiple attempts to serve a difficult tenant. Their services typically cost between $30 and $100, depending on the location and urgency of the service.
A law enforcement officer will typically charge a fee, usually between $50 and $150, to cover the cost of the resources they use and any required documentation.
Certified mail is one of the most affordable options, as it only costs $4 to $8. The price can vary slightly depending on the letter’s size and weight and whether you opt for additional services like a return receipt.
Serving an eviction notice in person yourself can be virtually free, minus the cost of preparing the notice.
Serve an Eviction Notice to Gain Control Back
Serving an eviction notice is an important step in regaining control of your property and ensuring you are in compliance with the law. By following the proper procedures and timelines, you can protect your rights while respecting the legal process.
If you’re unsure of how to draft an eviction notice, Legal Templates can help. With our easy-to-use tools and professionally drafted templates, you can handle the eviction process confidently and efficiently. Start your free trial today and take the first step toward resolving your rental situation.
Frequently Asked Questions
Who serves eviction notices?
Landlords often serve eviction notices, but they can also recruit the help of process servers or law enforcement officers to complete more challenging notice deliveries.
How long does it take to serve an eviction notice?
It depends on the delivery method used, but it often takes three to five days on average to serve an eviction notice.
Can a landlord serve an eviction notice themselves?
Yes, a landlord can serve an eviction notice themselves. However, they should be wary of potential challenges, like an interruption of due process, if they are unaware of the applicable legal guidelines.
Can a tenant fight an eviction notice?
Yes, a tenant can fight an eviction notice. If they don’t think the landlord has grounds for eviction, a tenant can request a hearing in court to show their evidence. They may also file a formal response to the eviction complaint.
Is serving an eviction notice the same as filing for eviction?
No. Serving an eviction notice is the first step in getting a tenant evicted. If the tenant doesn’t comply, the landlord then files an eviction complaint in court.
