Eviction Notice

While state rules vary, most legal evictions start with an Eviction Notice. If your tenant has violated their Lease Agreement by failing to pay rent or otherwise failing to comply with the lease terms, you may use an Eviction Notice to alert them that you will take legal action to remove them if they do not comply with the lease terms. It is critical to recognize that this legal document does not have the authority to compel renters to relocate. A court order is still required to lawfully evict a renter. Eviction Notices are also referred to as Eviction Letters, Notice to Vacate Letters, and Notice to Quit. If this is your first eviction, you should speak with an attorney to establish the best course of action for your particular situation. In general, keeping detailed records and properly completing paperwork can make evicting a tenant less stressful. Learn how to use our free Eviction Notice template, what to include, and how to protect the rights of your landlord or Property management.

Regardless of how angry you are, you should not attempt to evict a tenant without first initiating legal action and submitting the proper paperwork. It is vital that your discussions be fully documented and that you follow all applicable laws. If you go rogue and do things like turn off utilities, change locks without a court order, or enter a unit without proper notice, you may find yourself on the wrong side of a legal struggle. Excessive phone calls, text messages, or notes should be avoided as well, as they may be interpreted as harassment. It is recommended that you engage a lawyer and go through the entire eviction procedure.

When properly drafted, an Eviction Notice letter can help protect you as a landlord or property manager by:

There are several forms of quit notifications:

1. A 3-day notice to vacate is used to end a lease when the tenant has failed to pay rent, violated the Rental Application, is using the property for an unauthorized purpose, has caused property damage, or has created a nuisance.

2. A 30-day notice to leave can be used to end a tenancy in a residential property that has lasted less than a year.

3. A 60-day notice to leave can be used to end a tenancy in a residential property that has lasted longer than a year.

Certain conditions may also necessitate a customized notice to leave. If a tenant’s rent is subsidized, he or she must offer a lengthier Notice to Vacate. It is essential to understand the unique rules for your state and locality, and it is advised to consult with your local rental board.

Eviction Notices can be served in a variety of methods, including:

Most leases or municipal regulations will stipulate how an Eviction Notice must be delivered. If personal service is necessary, for example, this can be performed by identifying the individual and then delivering them the legal document. However, if no one is home, the legal paperwork may not be left with a juvenile or at the front door.

An adult above the age of 18 can often serve process. Thus, in many states, Eviction Notices can be served by the landlord, an attorney, a paralegal, or even a friend or family member.

Nonetheless, many landlords prefer to have legal paperwork served by a professional. These individuals are known as process servers.

When delivering Eviction Notices, process servers must follow state law. When serving legal documents, they cannot, for example, intimidate, trespass, or break into a residence. Depending on where you live, a process server may be required to register with your state before serving legal paperwork. They may also be required to submit a bond or cash deposit when they register.

If an Eviction Notice is not properly served, it may not be legally recognized. You’ll have to advise the renter of a prospective eviction again while adhering to the lease’s conditions as well as any state or local rules. If the service was defective, you may not proceed with the eviction.

After evaluating the reasons for the eviction and understanding what should not be done to remove a tenant, the renter must be evicted using the following procedure:

An Eviction Notice must be served on the renter and filed in a court of competent jurisdiction, stating the basis for the eviction as well as the time and date by which the tenant must depart the property. The landlord must provide the tenant enough time to leave the rented property. Renters in a variety of situations leave the rented premises after getting a formal notice from the court.

The tenant has the option of refusing to leave the rented residence and appealing the eviction after getting the eviction order from the court. In this instance, the landlord may employ an eviction lawyer to file an eviction lawsuit against the renter. The civil court having authority over the rented property receives the eviction complaint.

The court hears both parties and, based on the arguments and facts presented, issues a final legal Notice of Eviction to the tenant. Because they cannot disregard this notice, the renter must remove the rented property when the court issues the final eviction order.

Eviction is a severe option that should be utilized only as a last resort. If the tenant has stopped paying but still occupies the property, you may be able to get a “distress” deed.
This is a court order ordering the renter to pay you rent and authorizing you to have a bailiff seize and retain the tenant’s property until the rent is paid or sell it to settle the rent if he or she does not. It also allows the tenancy to continue and the tenant to stay in the property.