How To Issue A Notice Of Eviction

Both delivering and receiving a notice of eviction letter can be an unpleasant experience. To remove some of that stress, we’re here to explain the technicalities of an eviction notice letter, when and how to go about the process, and a few legal stipulations. Plus, we’ll provide a general eviction notice template at the end of the article.

When to Evict a Tenant

Understanding when you can and should issue a notice of eviction letter can be tricky, especially given the numerous state and federal tenant protection laws. As hinted above, a few general reasons to evict a tenant from your rental property include:

• Failure to pay rent. In many states and/or leases, tenants have a grace period in regard to rental payments, usually around 3-5 days, before eviction is even on the table. Failure to pay rent after the grace period is grounds for issuing an eviction notice letter, which is associated with an additional notice period (anywhere from 3-30 days). Ensure that the procedure for this scenario is explicitly stated in your written lease term agreement.
• Other lease violations. Similarly, if the tenant violates another lease term, ranging anywhere from prohibited pets and guests to damaging the property, you may be within your rights to issue an eviction notice letter. The legality and process of every situation varies, so as always, check your state and local laws for guidance.
• Illegal activities. If you learn of illegal activities on your property, it’s likely that you have grounds for eviction. Your state laws, the severity of the offense, and other legal nuances will impact whether your situation qualifies and what the process moving forward will consist of.
• No-cause or no-fault. If, for whatever reason, you need to evict an unproblematic tenant before the lease term’s expiry, you may be able to utilize a no-cause or no-fault eviction notice. These scenarios are rarer, so proceed with caution, since there are often state laws that protect tenants’s rights from being evicted without cause.
• The expiration or nonrenewal of a lease. Depending on the lease agreement and the type of rental (short or long-term), landlords can issue a notice for the tenant to vacate the property by the end of a lease term. These typically do not require a formal eviction notice (unless the tenant refuses to vacate), but being aware of them and their process is still important.

Note: It is important that the time periods, penalties, and expectations for lease violations, nonrenewal, and other grounds for eviction are clearly stated in your lease term agreements (and compliant with state and local laws). This will ensure that your tenants are aware of the eviction process—and it may legally protect you if they intend to escalate the situation legally.

Kinds of Eviction Notices

Eviction notices aren’t only letters informing the tenant that they must quit the premises. Some have conditions that, if remedied, can lead to the tenant continuing their stay as planned. Three general kinds of eviction notices include:

• A “cure or quit” notice, in which you as a landlord offer the tenant an opportunity to fix the lease violation (typically within a designated time frame). For example, if a tenant has a pet living on the premises that violates the rental agreement, your state may require you to give them two weeks to either rehome the animal or vacate the premises before you can file for eviction. The time you are required to give the tenant to cure the violation varies based on the state and the severity of the violation.
• A “pay or quit” notice, in which, similarly, you offer the tenant an ultimatum concerning their overdue rent payment (also within a designated time frame set by state laws). This notice can state, for example, that if unpaid rent, any late fees that the tenant owes, or any other money owed are not paid in full by the end of the month (or whichever period state law requires), the tenant will be expected to vacate the premises by a certain date.
• An “unconditional quit” notice, in which there is nothing that the tenant can do to remedy the situation or avoid eviction. Generally speaking, these are issued after repeated lease violations, substantial damage beyond typical wear and tear, and illegal activities. Unconditional quits can only be legally issued in a handful of cases, many of which vary depending on the state that your rental home is in. Be sure to always check state and local laws before evicting a tenant.

Note: Eviction terminology and procedure vary by state. Not every state will use terminology such as “cure” or “pay” when giving the tenant an opportunity to rectify the situation. As always, research and check local laws and reach out to a legal professional for advice before moving forward.

Eviction Notice Letter Timeline

The steps for issuing a notice of eviction letter are different in every scenario. But generally speaking, you can expect the following timeline:

1. The lease terms are violated by the tenant. The type of violation will dictate the type of notice you issue, but luckily, finding an eviction notice template for most situations online is simple and free. Be sure that your writing checks all of the legal boxes for your state (some require certain language, certain phrases, etc.). Some states provide eviction notice templates in their state statutes that you should download or copy.
2. Research the laws pertaining to your situation. If it’s a complex scenario, consider speaking to a trusted legal professional or thoroughly researching your state and local laws before acting.
3. Write and deliver the notice of eviction letter. The delivery step of eviction is crucial, as every state follows a slightly different protocol. The mode of delivery (whether the written notice is left in their mailbox via certified mail, physically handed to them, or slipped under their door) matters, and if done improperly, can be a cause for legal retaliation.
4. Ideally, the situation is resolved. Whether the tenant agrees to vacate the premises on time or their lease violation is cured, the process ideally ends here. However, this is not always the case. If the tenant refuses to vacate the premises/cure the violation, or chooses to challenge the eviction legally, then you should find a professional to guide or represent you through the legal process of filing a formal eviction complaint and attending the court hearing. Never do a self-help eviction, in which you change locks, move tenants' belongings, or otherwise attempt to remove them yourself. You must first have an eviction case or eviction trial where a judge decides a tenant can be removed.

Eviction Notice Template

A notice of eviction should be professional, uniform, and legally sound. You don’t want to leave any room for doubt or confusion, so be sure that you include any information that your state requires, along with the following:

• The tenant’s name, unit number, and address
• The landlord/business’s name and address
• Status and date of the lease
• Cause for eviction (written in clear, plain language)
• Date that the tenant must cure or quit by
• Relevant laws that the notice complies with
• Proof of delivery (for legal protection)

It’s important to note that each situation in each state will call for a slightly different notice of eviction letter. Finding an eviction notice template or a sample eviction notice online is quick, easy, and typically free. Some states may even offer their own template. Always be sure that the template you use complies with state and federal regulations.

Conclusion

Issuing an eviction notice letter to a tenant is a notoriously tricky and sensitive task for most landlords, and it's part of time-consuming, expensive eviction court cases. So long as you stay informed, careful, and within the law, the process shouldn’t be too difficult for you. It’s recommended to utilize a sample eviction notice created specifically for your state, as laws tend to differ greatly across state lines.

Disclaimer: Ledgre does not provide tax or legal advice. All information and materials available on this site are for general informational purposes only. Contact a legal professional for advice with respect to a specific eviction matter.