It is always better to seek legal action to evict your tenant, rather than doing it in a forceful manner, on your own. Serving an eviction notice on the tenant is the primary course of action. Check out this article for some notice templates that can make things easier for you.
If you are planning to evict your tenant, the first and foremost step is to serve an eviction notice, asking the tenant to address the cause or to vacate the premises, within a specified time. You must also cite the specific cause for such an action from your part. It could be anything, like, failure to pay the rent, use of the concerned property for illegal activities, or for violation of any clause specified in the lease agreement. The notice is known in different names, like ‘notice to quit’, ‘notice to vacate’, ‘pay rent or quit notices’, ‘cure or quit notices’, ‘3-day notice to pay or vacate’, ’20-day notice to terminate tenancy’, ‘eviction letter’, etc. Don’t confuse this notice, with the ‘eviction notice’ or ‘eviction order’ issued by a court, in case the landlord wins the eviction suit against the tenant.
So an eviction notice is meant for informing the tenant about the underlying cause, and the remedy, if there is any or to vacate the premises. If the tenant fails to fix the problem or vacate the premises, within the specified time, the landlord can file a lawsuit to evict the tenant. The tenant has to face legal eviction, if the judgment is in favor of the landlord. Before starting with the formalities regarding the eviction notice, it is advisable to have a basic understanding about the grounds for eviction and other requirements.
As mentioned above, a notice from the landlord to the tenant is the primary course of action, if the former wants to resolve any problem with the tenancy and/or to evict the tenant. In case of default in rent payments, the landlord has to serve a notice on the tenant asking him to pay the same within the stipulated time or to vacate the premises. So a written notice is a must in situations, where the landlord wants to remove the tenant from the lease property.
Type of Notice: The notice can be conditional or unconditional. A ‘pay rent or quit notice’ is a conditional one, as the tenant has to pay the rent, if he wants to avoid legal eviction or to continue with the tenancy. Unconditional eviction notice is served on the tenant, in case of repeated failure to pay the rent or for causing serious damage to the property or indulging in illegal activities in the premises. In case of an unconditional notice, the tenant has no other way, but to vacate the premises or face legal eviction. However, such unconditional notice is not recognized in certain regions.
Service of Notice: Ensure that the eviction notice includes the required information, like the name of the landlord and the tenant(s), the reason for serving the notice, the date on which the notice is served, the date given for rectifying the cause/vacating the premises and signature of the landlord and the person who serves the notice (if any). The notice can be served by the landlord himself. He can entrust another person for this task or send the notice through post. Make sure to get a signed receipt from the tenant, to the effect that the latter has received the notice.
Though the basics of an eviction notice are similar, the legal requirements may vary from one state to another. So it is necessary to seek an attorney’s help for drafting an eviction notice, according to the laws of the jurisdiction. If there is a standard eviction notice form in your jurisdiction, you can use that format. Here are some eviction notice templates for your reference.
| 3-Day Notice to Pay Rent or Quit |
| Date:
Tenant’s Name: Address of Rental Unit: Dear Mr/Mrs………………. This notice is issued with regard to the rental agreement (details – date, serial number, etc.), pursuant to which, you hold possession of the premises described hereinafter. You are hereby required to pay the due and unpaid rent that amounts to ………………………….., for the period from …………………….. to ………………….. . You are further notified that within three days from the date of service of this notice, you have to pay the full amount due or vacate the premises and handover the possession of the property to ………………………………… (name and address of the landlord/caretaker/manager). If you fail to comply with this notice by …………… (date), the undersigned will be forced to initiate legal proceedings against you, to recover the amount due, along with damages and for possession of the premises. (Add a description of the concerned premises. You may also mention the preferred mode of payment.) Sincerely (Signature, name, address and contact number of the landlord/manager) |
| 30-Day Notice to Vacate |
| Date:
Tenant’s Name: Address of Rental Unit: Dear Mr/Mrs………………. This notice is to inform you that you are not complying with the terms and conditions of the rental agreement (details – date, serial number, etc.), regarding the premises described hereinafter. (Description of the property) You are required to vacate the premises and handover possession of the same to ………………………. (name and address of the landowner/manager), within 30 days from the date of receipt of this notice. Reasons for eviction …………………………….. (eg: indulging in illegal activities in the premises) If you fail to vacate the premises on or before ………………. , you have to face legal action. Sincerely (Signature, name, address and contact number of the landlord/manager) |
| Eviction Notice Issued by a Court |
| PLAINTIFF (landlord) Name: Address: City State Zip: Phone: Vs. DEFENDANT (tenant) District Court Summary Ejectment Case Number: _____________ NOTICE TO THE TENANT The sheriff is scheduled to evict you on [date]: _____________ The eviction will take place on the date named above unless you either: 1. Move out of the property and return control of the property to the landlord; Warning: AFFIDAVIT OF POSTING: I hereby certify that I posted a completed copy of the above notice on the premises described above on ___ / ___/ ____. Printed Name: __________ Signature: ___________ Date: _______ |
If the eviction notice served on the tenant is not proper, the court may dismiss the lawsuit filed by the landlord, against the tenant. So you must have a basic know-how about the state laws regarding tenancy and eviction of tenants. The best way is to consult an attorney and get the notice drafted.
