Almost every landlord will have to deal with an eviction at least once. Learning how to create an eviction notice can help take the stress out of the process. Though evictions can become complicated, if you’re following your local and state laws and using a solid eviction notice template, your rights are protected. An eviction notice is an essential part of any eviction process, and a blank eviction notice form can help get you started.
What Is an Eviction Notice?
An eviction notice, also known as an eviction letter or notice to quit, is a letter a landlord sends to a renter asking them to comply with the terms of their rental agreement or vacate the property. The written eviction notice describes a violation of the lease agreement or termination of that rental agreement. The renter has a specified number of days after receiving a notice of eviction letter to either comply with the its directives or to vacate the property. Local laws determine how and when you’ll need to serve an eviction notice to a renter.
Two main types of eviction notices exist:
- Curable notice: The renter has a chance to “cure” the issue, or make it right.
- Incurable notice: This type of eviction notice requires the renter to vacate a property by a specified date.
It’s a good idea to either send an eviction notice by certified mail return recipient or to deliver the letter by hand to the renter yourself. This way, you have proof that the renter has received the notice.
You can send an eviction notice with cause if a renter has violated their lease in some way. In some situations, you may also send an eviction notice without cause; this usually applies to month-to-month agreements.
All in all, writing an eviction letter is a crucial component of a formal eviction process and helps you make sure you stay in compliance with all local and state laws.
What should you include in an eviction notice letter to a renter?
All eviction notices should contain a few key pieces of information. You should also always check state and local statutes that relate to eviction to make sure your letter complies with government regulations.
Basic information your eviction notice document should cover include:
- Addresses
- Date of the letter
- Name(s) of renter(s)
- Status and date of the existing lease
- Reason for serving the eviction notice (make this explanation clear and concise)
- Date the renter must vacate
- Proof of service/delivery of the notice
When can you serve an eviction notice with cause?
If you have a specific reason for evicting a renter, you may write and then serve an eviction notice with cause. Most evictions are due to either finanancial or material violations including instances where
- The renter fails to pay rent
- The renter violates the lease
- The renter damages the property
- The renter conducts illegal activity on the property
You can serve an eviction notice letter with cause if you have evidence that a renter has violated their lease in some way. Typically, you’ll serve the notice after you decide to move forward with a formal eviction.
That said, landlords often choose to give renters a warning notice to outline late rent payment or lease violations. These “curable” notices give renters the chance to fix their infractions, for instance by making their rent payments or ceasing lease violations, in order to avoid eviction.
Most states do allow you to serve an eviction notice without allowing for renter remediation, which is what is known as an “incurable” notice. You can generally serve an incurable notice if:
- The renter has paid rent late on multiple occasions
- The renter has violated a significant lease agreement clause
- The renter has caused severe property damage
- The renter has engaged in serious illegal activities on your property, such as dealing drugs or violating zoning agreements
When can you serve an eviction notice without cause?
You may serve an eviction notice without cause if you are asking the renter to vacate your property without a specific reason or fault of the renter. A common example is serving an eviciton notice when a renter’s month-to-month lease ends.
Many states have set notice requirements in these cases, often 30 or 60 days in advance of when you will end the tenancy. Although the exact timeline varies depending on the state, the requirement for giving notice can be anywhere from three to 60 days.
Sample of Eviction Notice Letter
Using an eviction notice template can take some of the stress out of the eviction process. Here’s a template eviction letter you can tailor to your specific situation:
[Your property/building address]
[Your phone number and email address]
[Date of writing]
[Renter(s) Name(s)]
[Renter Street Address]
[Renter Apartment/Unit Number]
[City, State, Zip]
Dear [Renter First Name(s)] [Renter Last Name(s)],
You previously received a formal written warning regarding [clearly state reason that you are issuing eviction notice]. Your [lease date] lease agreement states clearly in [list section of agreement describing violated policy and state exactly what the renter violated].
Due to your failure to uphold the lease agreement and [remedy and/or reverse] such infraction, the [Community/Apartment/Building Name] has no choice but to submit this eviction notice as of [date notice is served].
You have been given a total of [state amount of time] to [list actions renter can take to avoid eviction, if applicable]. You have [number of days, making sure you give at least the minimum required by state/local law in your area] to surrender possession of the premises located at [address of the property] to [Your Name] or to [your authorized attorney or agent].
Failure to comply with this notice will result in legal action, up to and including physical removal from the apartment and property.
If you have questions regarding this notice, please contact [include best way to contact you].
Sincerely,
[Your Name]
An eviction notice is a necessary part of any eviction process, so use this printable eviction notice template to get started. Providing an eviction notice will help protect you legally. By preparing in advance with this eviction notice template, you’ll save yourself time when you need to use it.
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