An eviction letter is the first serious action against a non-cooperative tenant and serves as a final notice from the landlord. Find a few sample eviction letters and tips for drafting one.
An eviction letter is simply a notice asking the tenant to vacate the premises where he/she is currently residing. It serves a written communication about the landlord’s decision as far as the tenant’s stay is concerned.
Sending an eviction letter must be the first step for a landlord seeking legal eviction of his property. Though an eviction letter cannot be considered as a legal notice, a landlord can take the tenant to court, if he does not agree to evict the place.
Eviction Notice Writing Tips
Jurisdiction
First and foremost, correct identification of the jurisdiction under which the concerned property will be governed is necessary. Accordingly, the details for eviction procedure, time period to be granted for eviction, delivery mode, etc., must be followed.
Time Period
The time period to be granted also depends on the reason for which an eviction is demanded. For example, a 3-day or 5-day period is given in case the tenant has defaulted on payments, failed to comply with any of the terms under the lease agreement, or has been found to be engaged in any illegal or criminal activities. However, if the landlord desires to sell the property or use it for any other purpose, a notice period of at least 30 days has to be granted.
Confirmation of Receipt
It is essential to ensure that the tenant receives the letter. If the letter is hand-delivered, a written and signed acknowledgment of receipt must be taken from the tenant. In case the letter has to be mailed, certified mail services that maintain a record of the recipients must be availed. This will prevent the landlord from ending up in situations where the tenant claims of ignorance or non-receipt of the notice.
Reason for Eviction
The letter must clearly mention the reason for issuing an eviction letter.
Further Action
It should also inform the tenant of the landlord’s further course of action, in case the tenant fails to vacate the property within the stipulated time.
Sample Eviction Letters
Sample 1
| 420, Fannin Street, Austin, TX 77030 October 8, 2012 Derek Mcarthy Dear Mr. Derek Mcarthy, This is to notify you that your failure to pay the rent since May 31, 2012 for the apartment addressed 645, Creek View Street, League City, Texas 77573 has rendered you in violation of our lease agreement dated November 1, 2011. The amount due for payment sums up to $5000. You are hereby requested to pay the above-mentioned amount within 3 working days or vacate the premises. Failure to do so will compel me to file an eviction suit against you. Your cooperation will be appreciated. Sincerely, (Signature) Mr. Chris Kringle |
Sample 2
| 4256 Masonic Hill Road, Russellville, AR 72801 October 8, 2012 Erin Heinz Dear Ms. Erin Heinz, This is to request you to kindly vacate the apartment, 420 West 70th Street, New York. I, Irving Raffaele, have decided to offer the property for sale and hence wish to seek your cooperation. Please consider this as my final request. If you fail to vacate the property within a period of 30 working days, I will have to begin an eviction proceeding against you. Kindly cooperate. Sincerely, (Signature) Mr. Irving Raffaele |
Sample 3
| 174 Giraffe Hill Drive, Atlanta, GA 303003 October 8, 2012 Mr. Tom Pemberton Dear Mr. Tom, This letter is to notify you that I can no longer allow you to reside at my apartment, 2 Post Farm Road, Atlanta, GA 30303. I, Gerald Whaley, ask you to evict the premises immediately, on the grounds of your involvement in illegal activities. Your failure to vacate the apartment within 3 working days will lead to an eviction suit against you. Sincerely, (Signature) Mr. Gerald Whaley |
The landlord has every right to terminate the lease agreement between him and the tenant in case the tenant does not conform to the terms agreed. Sending an eviction letter and making the tenant aware of your intentions is the right way to go about it.
