An eviction notice, otherwise called a notice to quit, is a document prepared by a landlord to notify a tenant about a violation and possible lease termination. Once received, the tenant typically has a specified number of days to cure the violation or vacate the property. Eviction notice requirements vary from state to state, but in every jurisdiction, you must send one to begin the eviction process.
There are main types of notices to quit; curable notices and incurable notices. As the name suggests, a curable notice allows the tenant room to solve the issue and maintain their tenancy. An incurable notice, on the other hand, is final and requires that the tenant vacate the property by a set date.
Eviction Notice: by Type (4)
Pay ($) or Vacate Notice: A notice to pay or vacate, or a notice to pay or quit, is a document sent to a tenant who has violated the terms of their rental agreement by failing to pay rent. It is the most commonly sent eviction notice and often gives the tenant a specified timeline to pay the due amount or move out.
Download: Microsoft Word (.docx) or Adobe PDF
Comply or Vacate Notice: A notice to comply or vacate is also called an eviction notice for non-compliance. It is sent to a tenant who has violated the terms of their lease agreement in a way other than rent payment. Depending on the situation, it can be sent to address a noise complaint, property damage, or poor maintenance.
Download: Microsoft Word (.docx) or Adobe PDF
Illegal Activity Notice: A notice for illegal activity is used to notify a tenant that they should vacate a given property due to their illegal activities on said property. This notice is incurable, meaning it does not give the tenant a window to cure the violation. In most states, the eviction takes effect immediately or within 24 hours.
Download: Microsoft Word (.docx) or Adobe PDF
Month-to-Month Termination Letter: A month-to-month termination letter, or lease termination notice, can be sent by a tenant or landlord to cancel a tenancy at will agreement or month-to-month lease. The standard timeline is at least 30 days of notice from either party, but this may go up to 60 days under certain circumstances in some states.
Download: Microsoft Word (.docx) or Adobe PDF
What Is an Eviction?
An eviction is a legal process of removing a tenant from a property, as governed by state procedure laws. A landlord may trigger an eviction when a tenant violates the lease agreement by either failing to pay rent, overstaying the lease, or engaging in illegal activity.
Several state and federal laws regulate the eviction process, and a landlord cannot physically remove a tenant from their property.
When Is an Eviction Letter Needed?
An eviction notice is only necessary when the tenant and landlord cannot resolve the problem and the latter would like to terminate the lease agreement. If a solution can be reached, however, it is advisable to avoid the eviction process as it can be tedious and expensive. According to an article published in the Landlord Property Management Magazine, the average cost of evicting a tenant is over $10,000.
What Are the Consequences of Not Sending an Eviction Notice?
You cannot legally begin the eviction process without sending a tenant an eviction notice. Besides this, you may also suffer the following costs for not sending the notice:
- Damages incurred by the tenant, such as property replacement costs, legal fees, and the cost of finding temporary housing.
- A penalty of up to $100 per day for every day of unlawful self-help (only applicable in some states).
Note: Sending an eviction notice properly is just as crucial as sending it in the first place. A tenant can challenge your lawsuit on a technicality if, for example, you send a 10-day notice in a state that requires a 30-day notice. To avoid this, always consult your local housing laws.
Common Reasons for Receiving an Eviction Notice
A tenant may receive an eviction notice for one of the following reasons:
- Failing to pay rent on time or at all.
- Violating the lease, whether through damaging the property or being a nuisance.
- Engaging in illegal activity on the property.
- Overstaying the lease.
- Being an unwanted roommate. (Common among family members and friends).
A landlord may also send a tenant an eviction notice at the end of a month-to-month lease when they no longer wish to renew the agreement.
Where Are Eviction Notices Commonly Used?
The following list shows the top ten states where eviction notices are used and the required delivery method. The first figure refers to the type of notice for unpaid rent, and the second, the number of days a tenant must be given to cure the problem.
California (hand-delivery or posted) – 3 days | 3 days
- Florida (hand-delivery, registered mail, posted, or certified mail) – 3 days, 7 days.
- Georgia (hand-delivery, registered mail, posted, or certified mail) – Landlord must refer to the lease | No notice required.
- Illinois (hand-delivery, registered mail, posted, or certified mail) – 5 days | 10 days.
- Michigan (hand-delivery, registered mail, first-class mail) – 7 days | None required.
- New York (hand-delivery, first-class mail, posted, or certified mail) – 3 days | None required unless otherwise stated in the lease agreement.
- North Carolina (hand-delivery, registered mail, posted, first-class mail, or certified mail) – 10 days| None required.
- Ohio (hand-delivery, posted, or certified mail) – 3 days| 3 days.
- Pennsylvania (hand-delivery, posted) – 10 days | 15 days, or 30 for a lease that lasted 1 year or longer.
- Texas (hand-delivery, first-class mail, registered mail, certified mail, or posted) – 3 days | 3 days.
How to Evict a Tenant
The law provides sue process protections to both landlords and tenants. Neither party can be deprived of ‘property’ either in the form of housing or rent money. The regulations protecting a landlord require that you follow the following procedure to evict a tenant:
Step 1 – Attempt to solve the problem out of court.
Step 2 – If this fails, send an eviction notice.
Step 3 – If the tenant does not cure the problem or vacate within the given timeline, file an eviction lawsuit with the court. You will need to present a copy of the eviction notice return receipt, as well as provide the following details:
- The property address and description
- The nature of the violation, i.e., reason for the eviction.
- The certificate of service for the eviction notice.
- A summary of all the unpaid rent and applicable penalties.
- A statement indicating whether you are seeking attorney fees.
Note: An eviction notice is most often a summary ruling. You will receive a court date almost immediately after you file your suit.
Step 4 – Show up in court and prove your case. If the court rules in your favor, the tenant will be allowed around 7 days to vacate your premises.
Step 5 – If the tenant fails to leave within the allotted time, you can contact the local sheriff to remove them from the property.
Step 6 – If the tenant’s deposit doesn’t cover your unpaid rent and legal fees, you can file a case in a small claims court.
How to Write an Eviction Notice
The following step-by-step guide should help you prepare an effective eviction notice. Remember to always refer to your state’s local housing laws and the original lease when drafting your notice.
Step 1 – Supply the tenant’s name, lease date, and property address.
Step 2 – Describe the violation and mention the agreement clause that covers it.
Step 3 – (only applies to month-to-month tenancies) If the tenant is leasing the property on a monthly basis, provide the original lease dates and the termination date.
Step 4 – (applies to curable notices) Provide an option through which the tenant may cure the violation.
Step 5 – Issue the notice to vacate.
Step 6 – Impose a timeline per your state laws and mention an exact date to avoid ambiguity.
Step 7 – Sign the certificate of service. This is a written oath indicating when and how you delivered the eviction notice. Provide the tenant’s name, delivery method, delivery date, and your signature.
Eviction Notice Format
{Date}
{Tenant’s Name}
{Property Name}
{Property Address}
{City, State, Zip Code}
Re: {Type of Eviction Notice E.g. Pay or Vacate}
Dear {Mr./Mrs./Ms. Last Name},
This is in regard to your lease agreement dated {lease date} for the premises located at {property location}. You are currently in violation of {section number}, which clearly states {explain violation}.
Due to this {failure/violation}, I have no choice but to submit this eviction notice. You have {number of days} from the serving date to {options to cure the violation} or surrender possession of the premises.
Failure to comply with this notice by {deadline} will result in legal action. If you have any questions or concerns, please contact me at {contact information}.
Sincerely,
{Your Name}
{Your Signature}
CERTIFICATE OF SERVICE
I {your name} certify that I delivered this eviction notice to {tenant’s name} through {delivery method} at {property address} on {delivery date}.
Sample Eviction Notice
24 April 2031
Re: Pay or Vacate
Dear Mr. Clark,
You are currently in violation of your lease agreement dated 1 January 2030 for the premises located at 211 Olive Street, NY. According to section 2C, you are required to pay your rent on the 1st of every month. You have failed to do this for the following periods:
• 1 February 2031 to 1 March 2031 – $6,100
• 1 March 2031 to 1 April 2031 – $6,100
• Total – $ 12,200
Due to this failure, I have no choice but to submit this eviction notice. You have 30 days from the serving date of this letter to make the total payment or surrender possession of the premises.
Failure to comply with this notice by 24 May 2031 will result in legal action. If you have any questions or concerns, please contact me at [email protected].
Sincerely,
Ruby Mendel
CERTIFICATE OF SERVICE
I, Ruby Mendel, certify that I hand-delivered this eviction notice to Evan Clark at 211 Olive Street, NY, on 24 April 2031 and obtained his signature.
Eviction Notice Template (Word and PDF)
Eviction Notices: By Type
- Notice to Pay ($) or Vacate. A notice to pay or vacate is only sent in relation to rent payment violations. It outlines the amount due, any applicable penalties, a pay-by date, and the penalty of nonpayment, which is eviction.
- Notice to Comply or Vacate. A notice to comply or vacate is sent to a tenant that has violated the terms of their lease (not related to rent payment). It could be curable or incurable, depending on the nature of the violation.
- Illegal Activity. An eviction notice for illegal activity immediately terminates the lease agreement between a tenant and landlord due to the tenant engaging in illegal activity on the premises.
- Month-to-Month Termination Letter. A month-to-month termination letter applies in situations where the landlord and tenant have a lease agreement that can be terminated at any time. It often carries a 30-day time-frame.
Frequently Asked Questions (FAQs)
An Unlawful Detainer, also called a Forcible Entry and Detainer is the legal term of the eviction process. It refers to the proceedings initiated when a landlord files an eviction lawsuit against a tenant to reobtain legal possession of their property.
A landlord must obtain a court ruling to evict a tenant from their property legally. This takes at least a month, but the entire process may last 2 to 3 months, depending on the tenant’s response to the order.
No. There are no viable and legal ways to remove a tenant from your property without obtaining a court order. If you wish to avoid this process, however, you may turn to the following alternatives:
1) Giving the tenant more time to cure the overdue rent.
2) Creating a payment plan that allows gradual repayment.
3) Allowing the tenant to cancel the lease without penalty.
You can file an eviction notice to begin the eviction lawsuit process at the district courthouse for the county in which your property is located. You may also turn to a superior court if the tenant owes you a lot of money. Typically, the financial cutoff will determine the court where your case is heard, and you can consult the district court clerk for further guidance.
No. An eviction notice does not need to be notarized to be considered valid, as long as it bears the signature of the landlord or an agent of the landlord.
The best way to serve an eviction notice is via certified mail through the United States Postal Service (USPS). In a 2007 case, Leatherbury vs. Greenspun, the court ruled that certified mail is only considered legal when sent through the USPS, which means using other mailing providers like UPS and FedEx may not work in your favor.
Besides certified mail, you can also serve an eviction notice by hand-delivering it to the tenant. Hanging it on the door is legal but is not recommended as you cannot prove the tenant received the notice.
A writ of possession is the court order that gives the local sheriff permission to remove an evicted tenant and their possessions from a landlord’s property. A landlord may initiate it after the tenant fails to vacate the property within the court-appointed timeline.
Once a writ of possession has been ordered into effect, it cannot be stopped unless the tenant pays the outstanding debt and you allow them to stay.
If the court rules in the landlord’s favor, you will be allowed 7 days to vacate the property. If you fail to leave, the landlord may order the local sheriff to physically remove you and your possessions from the premises onto the street curb.
You will also likely not receive your deposit as it may be used to cover your unpaid rent. The landlord may even pursue several legal options to obtain the rent and legal costs from you.
Yes. Getting evicted does not absolve you of the payments you owe the landlord. The law allows them several avenues through which they can recover their money, including garnishing your wages, suing you in Small Claims court, garnishing your tax refund, or forwarding thee dent to a collector.
Once ordered by the court and executed by the landlord or sheriff, an eviction remains a matter of public record for 7 years. However, eviction is not included in your credit report.
Bottom Line
When a tenant violates the terms of their lease agreement, you can attempt to resolve the matter by sending them an eviction notice. Always state whether the matter is curable or if the tenant should vacate the premises. If they should, impose a reasonable timeline as provided for in-state requirements.
The eviction process is subject to many state and federal laws, and landlords have to observe all of them lest the eviction is considered illegal. Never file a lawsuit against a tenant without first issuing them an eviction notice via certified mail or hand-delivery.
