No good landlord wants to remove someone from a rental property. It represents a loss of rent, and it's usually the last step in a long and unfortunate series of events.
Rental agreements are legal documents, and dissolving them is a legal procedure. Creating and sending an eviction notice in accordance with the laws in your state is necessary to begin formal proceedings to remove the tenant.
There are two types of eviction notice, curable and incurable. With a curable notice, a landlord allows a tenant to amend the situation leading to the eviction. An incurable eviction notice makes no such allowance.
The general wording of a curable eviction notice makes it clear that the tenant must fix a specific problem or move out by a certain date. Most commonly, an Eviction Notice is used as a result of non-payment of rent or delinquent rent. This gives the landlord the right to go to court to continue the eviction process.
The eviction process varies by state, and the time that a tenant gets to cure the issue is tied to state laws.
Depending on your state, jurisdiction, or context, an Eviction Notice may also be known as:
Notice to Quit
Pay or Quit
Pay or Vacate
Notice to Vacate
These are all names for the same kind of notice, but you don't need to look up which one is the right one to use. 360 Legal Forms will help you generate the correct form for your state with our attorney-vetted templates.
Forcible Entry and Detainer: The legal term for eviction
Writ of Restitution: Court document that allows law enforcement to remove the tenant of a property
Breach: When one party fails to meet the terms of an agreement
Holdover: A tenant who remains on a property after an Eviction Notice has expired
Landlords must use an Eviction Notice to begin the eviction process of a problematic tenant. Without the eviction notice and a formal proceeding, there is no legal basis for the expulsion of a tenant.
However, an Eviction Notice is not always necessary. If the landlord and the tenant can agree on a solution to the problem, there's no reason to start the formal eviction process. In most cases, it's preferable for both parties to avoid an eviction process.
If all reasonable attempts at compromise fail, the Eviction Notice is the logical next step. An Eviction Notice can be served for any breach of the lease agreement, but the tenant has a right to stay in the property until a judge orders their eviction, even if that means the tenant stays past what the Eviction Notice allows.
Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Eviction Notice.
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All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.
To be valid, an Eviction Notice needs to establish certain elements clearly. With 360 Legal Forms, you get access to attorney-vetted legal forms that give you peace of mind.
The process is fast and easy. Our propriety form generator can help you create your customized Eviction Notice in a few short minutes. We'll ask a handful of simple questions. Just fill in the requested information, and we'll put it together. You can see your document being created as you go through the questions.
Once completed, simply download your form as a PDF or Word document from your secure online account.
To create your document, please provide:
Issue date: Date when the notice is to be issued
Personal Information of the Tenant: Name and address of the tenant being evicted
Personal Information of the Landlord: Name and address of the landlord serving the notice
Violation: The reason for the eviction
Property: The address of the property leased to the tenant
Date of Lease Agreement: When the original lease agreement was signed
In most cases, eviction notices do not need to be signed by the tenant but should carry the landlord's signature. Eviction notices do not need to be notarized and can be delivered in person by the landlord or via mail.
After creating and signing your Eviction Notice with 360 Legal Forms, you can download and print as many copies as you like. You can deliver an Eviction Notice to a tenant personally or by mail. Registered or Certified Mail is allowed in some states.
Serving an Eviction Notice is the first step to removing a tenant from your property. To force the tenant to leave, you'll need to begin an action for eviction or unlawful detainer at your local courthouse. Typically, a hearing is scheduled, and you, as the landlord, make the case as to why the tenant is occupying property illegally.
You do not need to file the eviction notice in court. However, you should retain a copy of the notice for your records in the event you need to show proof before a judge.
To be legally enforceable, an eviction notice must be signed in the presence of a notary public. The notary will also sign and stamp the document.
It depends on the jurisdiction of the tenanted property. In some jurisdictions, landlords must show just cause for a tenant's eviction. A court typically will not order an eviction without a violation of the lease agreement.
If a valid rental or lease agreement exists, the Eviction Notice is required before an unlawful detainer action can proceed. You'll have to wait for the Eviction Notice to expire before continuing the eviction process. Even in cases when there is no written lease, the tenant is still entitled to notice before forcible removal.
In most states, landlords need to allow a minimum of three days for a tenant to pay rent or leave the property. Curable eviction notices require the landlord to allow between three and 30 days for the tenant to cure the lease violation, depending on the jurisdiction.
From serving the Eviction Notice to the tenant's removal, the process can take as little as two weeks or as long as three months. Many factors influence the timeline, including the type of property leased or rented, the reason the tenant is being evicted, and any previous breaches of the lease agreement.
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