An eviction notice is given if you have serious problems with your tenant. Refer to a sample to learn how to draft a letter that will be legally valid and admissible in a court of law.
What is an eviction notice? It is a letter or notice that is sent to a tenant by the landlord to inform him that he needs to vacate the property that the landlord owns within a stipulated time period. While it is not a legal notice, it is applicable in the court of law and if the tenant does not abide by the notice, he can be taken to court. But in order for the notice to be applicable, it is important that the notice be drafted properly which is where it becomes important to refer to a sample. A sample will give you an insight into exactly how such a notice should be drafted and what things you need to keep in mind. In this article, we tell you how to write this notice by giving you a sample for reference.
Writing an Eviction Notice
While drafting such a notice it is always important to first take a look at the lease agreement that you had signed with your tenant to check for any clause that can have an effect on the notice. It is also important that you check the rules and laws regarding tenancy in your state. In every state, there are different laws that govern rental and tenancy agreements. It is important for you to be aware of these laws. In some states landlords have the right to give their tenants only three days notice to vacate the premises that they occupy. In other states the notice needs to be served to the tenants almost 9 months before the date on which they are being asked to vacate the premises. It is very important for a landlord to give the tenant a valid reason for asking them to leave the rental property. This reason can range from failure to pay rent to conducting illegal activities at the property. It is important that such a letter be drafted in an absolute professional manner. This is the reason that it is important that the letter be drafted by a legal counsel. A lawyer will have a template that will make the entire task much easier for him.
As a landlord you need to remember that you cannot ask a tenant to vacate the house for reasons like throwing a loud party. It is important for you to follow all the proper laws, both state and federal. A tenant can take you to court in case you fail to give him a proper notice. Some samples will tell you that it is possible to give your tenant a notice without any specified reason. This is true for situations wherein the tenant has been involved in some form of illegal activity like dealing in drugs on the premises. In some states though, in such cases the landlord is supposed to give the tenant between thirty to ninety days to vacate the premises. These time limits are not applicable in case of senior citizens, disabled, or for someone who has occupied the rental property for a long time.
|Name of Tenant who is being asked to evict
This letter is being sent to you in order to ask you to vacate the premises where you currently reside situated at address of the residence. The reason you are being asked to vacate the residence is because of the following incident.
State the cause of asking the tenant to vacate the premises
In case you comply with this notice within number of days, there will be no further action that will be taken against you. On the other hand, failure to abide by the notice can result in legal action against you.
Signature of Landlord
This letter is being sent to you in order to ask you to vacate the premises where you currently reside situated at O-1, Heart Street, Way Lane, Bilkfordshire, Utah. The reason you are being asked to vacate the residence is because of the following incident.
As per the conditions of the rental agreement, you are not allowed to run a customer-based business from the rental property but it has been brought to my notice that you have done so. Since you have violated our agreement, I require you to vacate my premises.
In case you comply with this notice within 30, there will be no further action that will be taken against you. On the other hand, failure to abide by the notice can result in legal action against you.
Signature of Landlord
Date:October 20, 2010
Referring to such a sample is a much better idea than using a template for your purposes because as mentioned before, a legally valid document like an eviction notice should always be drafted after consultations with a lawyer who is well-versed in matters regarding rental properties.