What Is an Eviction Notice? All You Need to Know

If you’re renting to a tenant who has violated the lease or failed to pay rent, you may need to send an eviction notice.

We’ll take you through everything you need to know, including the types of eviction notices and how to send them.

Table of Contents

• What is an Eviction Notice?
• How Does an Eviction Notice Work?
• How to Send an Eviction Notice
• Ways Eviction Notices Can Be Considered Unlawful
• Tips on Avoiding Eviction Notice Costs and Issues
• Eviction Notice FAQs

What is an Eviction Notice?

An eviction notice, or an eviction letter, is a legal document that landlords use to evict tenants for not complying with the original terms of the lease or rental agreement.

The notice officially states:

1. The tenant must fix or “cure” the problem at hand;

OR

2. The tenant must move out by a specific date;

AND

3. The tenant and landlord may need to go to court to continue the eviction process.

An eviction notice begins the eviction process, which varies widely state by state.

What are other names for an eviction notice?

Each state may use a different name for an eviction notice. See the chart below for a few variations.

How Does an Eviction Notice Work?

The landlord delivers a written eviction notice to the tenant by state law. If the tenant doesn’t fix the problem or move out, the landlord can file an unlawful detainer lawsuit to evict the tenant.

In court, a judge will hear the case and decide whether the tenant can stay.

The following graphic shows a roadmap describing the process from start to finish:

How to Send an Eviction Notice

You can send an eviction notice by downloading an eviction letter and serving (delivering) it to the tenant according to your state’s requirements — usually by certified mail with a return receipt or hand-delivering the eviction notice to the tenant in person.

These methods are the safest way to ensure the tenant cannot dispute whether they received the eviction notice.

The Most Common Reasons for Sending an Eviction Notice

The most common reasons for sending your tenant an eviction notice are:

1. Unpaid Rent: failure to pay rent on within time frame noted on lease
2. Lease Violation: damaged property (such as waste or mold buildup), constant noise (“nuisance”)
3. End a Month-to-Month Lease: landlord wants to end a month-to-month or at-will rental
4. Lease Expired: staying after the lease expires, is canceled, or is terminated (holdover)
5. Unwanted Roommate: landlord no longer wants to live with a friend or family member
6. Illegal Activity: tenant engages in unlawful or criminal activity on the premises (such as drug dealing)

Do I Need to Send an Official Eviction Notice? What Happens if I Don’t?

Yes, an official eviction notice gives the tenant proper notice of the eviction and formally begins the eviction process.

You may also face the following consequences if you decide to take matters into your own hands instead of sending an official eviction notice:

1. Pay for damages incurred by the tenant, such as the cost of temporary housing
2. Pay penalties since some states require landlords to pay up to $100 per day for unlawful self-help
3. Pay for damages you’ve incurred, such as attorney fees to defend yourself from an illegal eviction
4. Personal time to attend court
5. Delaying the eviction process

What happens if I don’t send the eviction notice properly?

If a landlord doesn’t follow the proper procedures for delivering the notice, the tenant can challenge the eviction process and force the landlord to re-start the whole process.

You must consult your local housing laws to evict a tenant properly.

Ways Eviction Notices Can Be Considered Unlawful

Eviction notices can be unlawful if they fall under the following categories:

1. Retaliatory Eviction: It’s illegal for a landlord to evict a tenant for reporting a housing code violation to the building inspector.
2. Implied Warranty of Habitability: The landlord must provide livable premises and necessities such as heat and running water.
3. Excessive Rent: A landlord may not ask for more rent than is agreed upon and due.
4. Lease Has Not Ended: If the tenant has not violated the lease or engaged in illegal activity, a landlord can not ask the tenant to leave prematurely before the end of the lease.
5. Domestic Violence: Neighbors may be troubled by the excessive fighting, noise, or police presence caused by fighting within a home, but a landlord may not be able to evict victims of domestic violence, depending on state and local laws.
6. Unfair Discrimination: Federal law protects tenants from discrimination based on race, color, religion, sex, national origin, family status, and disability. Some states expand these protections and prevent landlords from discriminating based on marital status, sexual orientation, and military or veteran status.

Tips on Avoiding Eviction Notice Costs and Issues

If you can resolve the problem with your tenant, you won’t need to use an eviction notice.

For instance, if the tenant is late paying rent, you can ask why and try to understand the tenant’s situation. Consider working out a payment plan for missed payments.

If you’re considering evicting a tenant due to damage caused to the premises, find out if the tenant is willing to pay for the cost of repairs.

This way, you can avoid the hassle and expense of evicting the tenant and maintain a good relationship.

How Much is an Eviction Notice?

It costs nothing to create your eviction letter, but you may need to pay the certified mail delivery fee to serve the tenant’s notice.

If the eviction goes to court, the average fees will be anywhere from $50 to $200 or more, depending on your state and the case’s specifics.

Where to get a free eviction notice template

You can download our blank eviction letter, which contains all the clauses you need to start writing your eviction letter.

Alternatively, by answering simple prompts, you can use our eviction notice form builder to generate a complete eviction letter.

Eviction Notice FAQs

How much notice should a landlord give a tenant to leave?

It depends on what state you’re in and your reason for evicting the tenant. You need to give the tenant the proper number of days’ notice required by your state, depending upon the nature of their violation.

What happens if I receive an eviction notice?

The notice is not a court order to leave, but do not ignore it. An eviction notice allows the landlord to start the eviction process in court if the tenant cannot resolve the problem and comply with the lease agreement.

The landlord must receive a court order or judgment from the court to make you leave.

If you receive an eviction notice, try the following immediately:‌

1. Talk with your landlord and come to a mutual understanding.
2. Hire a private attorney.
3. Contact government agencies and offices for helpful landlord-tenant services.[/lt_faq_answer]

How can I evict a tenant fast?

The fastest way to evict a tenant is to follow the correct legal procedure from the beginning so you don’t wind up in a lengthy lawsuit. Make sure you have evidence of the tenant’s violation and deliver the notice as quickly as possible.

Create your eviction notice using our builder or download a free template.

Do I need a lawyer to evict a tenant?

You don’t need a lawyer to evict a tenant. However, you may consider hiring a lawyer to help you if:

• This is your first eviction
• The tenant is filing for bankruptcy
• The tenant is against the eviction and has a lawyer[/lt_faq_answer]