Free Eviction Letter Template & How To Write It

Free Eviction Letter Template & How To Write It


If you own property that is rented to a 2nd party, there may be times when you need to request the tenants to leave the property. Perhaps they are behind on their rent payments, the neighbors complain about too much noise, there have been reports of criminal activity, or they are destroying the property. Either way, they need to leave or vacate the property so the landlord can recover their property and make whatever improvements may be needed.

Most rentals involve the rental of a home (house, townhouse, or apartment to another party. However, the property could also involve a commercial building from one business to another business.

While you may want the tenant out in the worst way, every state has laws in place to protect the tenant and the landlord. Before embarking on an eviction notice approach, check local laws to ensure that everything is completed legally to avoid delays in having your tenant leave the premises.

This post covers more detail about eviction notices, other names for them, how to write an eviction notice, the process to follow, some of the consequences of not sending an eviction notice, and several examples.

What Is an Eviction Letter?

An eviction notice is a legal letter sent to the tenant by the landlord informing them that the tenant must repair a specific problem or release the property back to the landlord within a specific number of days. Common reasons for sending an eviction notice include failure to pay the rent, or they have violated the leasing agreement. These two issues can usually be fixed by the tenant – e.g., pay the rent.
An eviction letter is sometimes sent because the landlord has a problem that cannot be fixed. This is known as an incurable eviction notice, and the tenant must vacate the property within the specified number of days.

As mentioned previously, every state has its laws and timelines for tenants to be given the notice to leave. Eviction notices can be from 3 to 30 days, depending on the state and local laws. The eviction notice also begins a legal process that records that the landlord has given notice to the tenant and allowed the tenant to fix the problem. Some cases will end up in court, and the eviction notice represents the start of the process and documents the landlord’s initial efforts to request the tenant to leave the property.

Eviction Notice (Word Templates)


Remove term: Eviction Notice 20210807 Eviction Notice 20210807

Notice to Pay ($) or Vacate Template

Download: Microsoft Word (.docx)


Remove term: Eviction Notice 20210807 Eviction Notice 20210807

30-day Eviction Letter Template

Download: Microsoft Word (.docx)


Eviction Notice 20210807

Eviction Letter Template for a Family Member

Download: Microsoft Word (.docx)


    What are Other Names for an Eviction Letter?

    Depending on the state, other names are commonly used to deliver an eviction notice to a tenant. In every case, always check on local laws and processes concerning delivering an eviction notice along with how much time you must give your tenant to leave or fix the problem. Some of the terms used are as follows, along with more details.

    • Pay Rent or Quit Notice
    • Cure or Quit Notice
    • Unconditional Quit Notice

    Pay Rent or Quit Notice – most states agree that a tenant should pay their rent on time; however, they require owners to provide notice of varying lengths of time for the tenants to pay their rent before starting eviction. For example, over 1/3 of states require tenants to be given 3 days notice from landlords when rent is due. Other states require 5, 7, 14, and as long as 30 days’ notice to be given to the tenant to pay their overdue rent. Check local laws and ensure that this requirement is also reflected in the lease or rental agreement.

    Cure or Quit Notice – as with the previous definition; landlords have varying lengths of time depending on the state to allow the tenant to correct or cure whatever problem or default in the lease agreement. Defaults include smoking, guests staying in the unit, illegal activities, or any other activity that is spelled out in the rental agreement. Again, check local laws for specific guidelines regarding tenant notification requirements.

    Unconditional Quit Notice – if the tenant has violated the lease agreement, failed to pay rent, damaged the premises, or committed a crime while on the premises, the landlord can execute an unconditional quit notice. Some states require cause before an unconditional quit notice can be issued, and there is more leniency in some states; for example, Georgia allows 60 days notice. Wyoming does not allow for any notice, and Colorado/Connecticut allows only 3 days’ notice.

    California and Kentucky allow municipalities to set their requirements for eviction notices.

    Essential Elements of an Eviction Letter

    Whenever a letter is written, and this applies to an eviction letter as well, writers should consider the following questions:

    • Who
    • Why
    • Where
    • What
    • When

    Who – always include the tenant’s and landlord’s name and address.

    Why – state the reason for the eviction – failure to pay rent, violation of the lease, ending of a month to month tenancy, or expiration of the lease

    Where – state the location address of the property

    What – reference the original lease agreement and indicate how the tenant can remedy the problem or meet their obligations

    When – include a date the letter was delivered and a date that the tenant must leave the property or repair the problem, i.e., pay overdue rent.

    How to Write an Eviction Letter?

    The following steps can help you prepare and write an eviction letter. Begin by collecting all of the relevant information needed to complete the letter, e.g., rental agreement, name(s) of renters, addresses, local laws governing eviction notices, dates, and reports if needed.

    Begin by addressing the letter to the person named in the lease or rental agreement. State clearly and concisely the reason the letter is being sent – to evict the tenant. Unfortunately, being polite or cautious can create confusion in the mind of the tenant or the court if the issue needs to be reviewed in court. State the reason for the eviction and provide a timeline for the tenant to correct the issue and state clearly what they need to do, .e.g. pay the overdue rent.

    When describing the reason for the eviction, include details and dates. Specific information should be laid out in the letter, and it should be easily understood by a 3rd party, i.e., the court if the matter is referred to court. For example, if there have been damages caused by the tenant, state what these damages are and what is required to fully repair the damage.

    Review the local legal time frames for evictions and include the date you want the tenant to vacate the property if they are unable or unwilling to remedy the situation.

    Always retain a copy of the eviction notice for your records. The date of the eviction letter should be the date the letter was given to the tenant. Sending the letter by certified mail or by courier with a request by the tenant to sign for delivery provides evidence of when the letter was received by the tenant.

    Sample – Notice to Pay ($) or Vacate

    (Tenants Name)

    (Full address and)

    (Email – if available)

    (Phone number – if available)

    (Date)

    (Your Name)

    (Company or Institution)

    (Full address, and)

    (Email)

    (Phone number)

    Dear (Name)

    This eviction letter is to officially notify (Name) that you are to vacate the property at (Include address) no later than (Date).

    My records indicate that you have not paid the following rental payments:

    (Date) – (Amount)

    (Date) – (Amount)

    ……

    (Date) – (Amount)

    For a total amount due of (Amount).

    According to the lease agreement, please pay this overdue amount by (Date) or vacate the property by (Date).

    Sincerely

    (Signature)

    (Your Name)

    Sample – 30-day Eviction Letter

    (Tenants Name)

    (Full address and)

    (Email – if available)

    (Phone number – if available)

    (Date)

    (Your Name)

    (Company or Institution)

    (Full address, and)

    (Email)

    (Phone number)

    Dear (Name)

    This eviction letter is to officially notify (Name) that you are to vacate the property at (Include address) no later than (Date). 30-day notice to evict is being given to vacate the property following the laws of (state or municipality)

    This eviction notice is being given based on damages to the premises and violation of the rental agreement:

    (list damages to the premises)

    The estimated cost of repairs is (Amount). I expect repairs to be completed by (Date). If not completed by this date, I will proceed with eviction.

    Sincerely

    (Signature)

    (Your Name)

    Sample – Eviction Letter for a family member

    (Tenants Name)

    (Full address and)

    (Email – if available)

    (Phone number – if available)

    (Date)

    (Your Name)

    (Company or Institution)

    (Full address, and)

    (Email)

    (Phone number)

    Dear (Name)

    This eviction letter is to officially notify (Name) that you are to vacate the property at (Include address) no later than (date) if the following remedy is not implemented.

    According to the lease agreement, the following people are allowed as residents of the premises. (List names). We understand the following people (list names) have also been residing at the premises and are not named on the lease agreement. Please arrange for these unnamed tenants to vacate the property by (Date)

    Sincerely

    (Signature)

    (Your Name)


    What is the eviction process?

    The eviction process begins the day a lease agreement or rental agreement is signed. No one intends to use the eviction process; however, these agreements determine whether the tenant has adhered to the agreement and whether the landlord has a reason to initiate an eviction process. Without an agreement, it is very difficult to evict someone.

    Each state and some municipalities have guidelines and regulations that must be followed before you can evict someone; however, in general terms, the eviction process follows these steps:

    Problem Develops – it could be a failure to pay rent, the terms of the lease are not being followed, or the tenant breaks the law.

    Can the Problem Be Fixed – the landlord and the tenant should attempt to solve the problem to each other’s mutual satisfaction.

    Send an Eviction Notice – if the problem cannot be solved, the landlord issues an eviction letter stating the problem, the steps the tenant can take to resolve the problem, and the number of days the tenant has to resolve the issue as stated in your states rental laws.

    File Complaint in Court – if the tenant does not resolve the problem, the complaint is filed in court, and a court date is set. The tenant is served a summons which he or she can answer or attend court on the specified date.

    Hearing at Court – landlord and tenant each explain their version of events and interpretation of the lease along with the problem

    Court Decision – after hearing from both parties, the judge decides as per the laws of the state and the details of the case.

    Tenant Wins – tenant can stay on the premises, and the landlord may have to pay the tenant’s court and attorney fees.

    Landlord wins – a warrant of eviction is issued, and the tenant must leave. If the tenant does not leave, law enforcement may be called to enforce the warrant of eviction. The tenant may need to pay for court fees, attorney fees, unpaid rent, and damages. Always check the lease agreement, local laws, and court instructions.

    When an Eviction Letter is Needed

    You do not need an eviction letter if you can resolve issues between the tenant and the landlord. It is preferable to resolve issues without using an eviction letter since it saves time, energy, expense, and emotional stress for both parties. Discussing the issue can lead to acceptable solutions such as paying overdue rent immediately, perhaps there was a misunderstanding of the terms of the lease, or the tenant is able and willing to pay for damages. Direct communication can often lead to a solution that is acceptable for both parties.

    Working through an eviction process can be expensive. Some organizations report that the average cost to evict a tenant can be as high as $10,000. Anytime the disagreement cannot be resolved, most landlords will begin the eviction process. This leads to a court date, potentially a court order, and even forcible removal by law enforcement.

    Landlords need to make sure the tenant’s personal belongings are protected and not disposed of after the tenant leaves without first contacting the tenant. Check local bylaws and state laws before selling anything or disposing of the tenant’s items. You may need to pay for storage, post a notice in local newspapers to notify the tenant.

    Landlords also cannot take matters into their own hands to force a tenant to leave. In most states, these efforts are considered illegal. They must use the court process to remove tenants. Landlords cannot:

    • Change locks or prevent entry to the premises without a court order
    • Turn off utilities
    • Remove tenant’s belongings
    • Physically threaten or remove the tenant
    • Remove doors or windows

    The Consequences of Not Sending an Eviction Letter

    The process of evicting a tenant cannot begin until the eviction letter has been sent and delivery recorded legally. The tenant can take a landlord to court to recover costs incurred by landlords attempting to take matters into their own hands instead of following a court-approved process.

    These costs can include the following, which can be substantial:

    • Pay for the tenant to find temporary housing
    • Pay for damaged furniture
    • Legal fees incurred by the tenant to defend against an illegal eviction
    • Some states assign penalties to landlords for unlawful evictions
    • The landlord may have to pay their legal fees to defend a civil suit by the tenant
    • Lost time assembling information and attending court hearings
    • The financial impact of paying mortgage and utilities while in the process can last months

    Note: Check local legal requirements for sending an eviction notice. If the landlord does not follow the rules, the tenant can challenge the notice and delay the entire process leading to more costs for the landlord.

    Common Reasons to Send an Eviction Notice

    There are many reasons landlords may want a tenant to leave. By far, the recommended approach is to discuss whatever issues you may have with the tenant and attempt to resolve the issue without the need for an eviction notice. If you must, the following are some of the most common reasons for landlords to send eviction notices.

    • Failure to pay rent on time
    • Violation of the lease – damage to the property, noise, nuisance issues
    • Termination of a month-to-month lease
    • Expired lease
    • Unwanted roommate

    Key-points

    By far, the best approach to dealing with tenants and issues that may lead to eviction is to attempt to resolve the issue without requiring an eviction. Failure to pay rent on time is a common issue. Perhaps the tenant had a personal issue that causes a delay. By discussing the issue with them, a plan may be worked out to arrange for payment of the late rent and get them back on track.

    Keep up respectful business-like communications with your tenant. Be professional in all of your dealings. Treating the tenant fairly and respectfully goes a long way in supporting your side when dealing with the court in an eviction process. Professional communications can also help in dealing with the tenant as well. They will rise to your level and respond in kind.

    Laws concerning tenant evictions vary state by state, and even some municipalities have their laws regarding the process and the number of days that landlords must give notice to tenants. Before taking any action, check with your local requirements to avoid costly delays and frustration with dealing with tenants and evictions.

    Eviction notices and the process can be very expensive, with some agencies estimating it can cost as much as $10,000 to cover court and legal costs to evict a tenant. However, you may have no choice if the tenant is violating the lease, causing damage, or committing a crime on the premises. Consult an attorney to discuss the best approach and options before embarking on a process to evict a tenant.

    Every state has an eviction process for tenants and landlords to follow. If you deviate from the process, it opens the door for the tenant to contest the eviction, causing delays and increases the costs accordingly. Before issuing the eviction notice, investigate the process and follow the rules as required to avoid unnecessary delays.

    The lease is the legal document that states all of the terms of the rental agreement. Violations of the lease are ground for initiating discussions and eviction. However, if something is not covered in the lease, landlords may have a difficult time requiring a tenant to vacate.