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 a lease termination notice in accordance with the laws in your state is necessary to begin formal proceedings to remove the tenant.
There are two types of lease termination notices, 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 lease termination notice makes it clear that the tenant must fix a specific problem or move out by a certain date. Most commonly, a Lease Termination 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 Lease Termination Notice may also be known as:
Eviction Notice
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 Lease Termination Notice to begin the eviction process of a problematic tenant. Without the notice and a formal proceeding, there is no legal basis for the expulsion of a tenant.
However, a Lease Termination 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 Lease Termination Notice is the logical next step. A Lease Termination 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 Lease Termination Notice allows.
Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Lease Termination Notice.
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To be valid, a Lease Termination 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 Lease Termination 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 lease termination
Property: The address of the property leased to the tenant
Date of Lease Agreement: When the original lease agreement was signed
In most cases, these notices do not need to be signed by the tenant but should carry the landlord's signature. Lease termination notices do not need to be notarized and can be delivered in person by the landlord or via mail.
After creating and signing your Lease Termination Notice with 360 Legal Forms, you can download and print as many copies as you like. You can deliver a Lease Termination Notice to a tenant personally or by mail. Registered or Certified Mail is allowed in some states.
If the tenant fails to make good on the overdue rent in the allotted time specified in the Notice to Pay Rent or Quit, the landlord can elevate the matter to an eviction. The tenant may contact the landlord and ask for more time, but this is entirely the discretion of the landlord, who has the right to order the tenant to vacate the premises immediately.
Often, a landlord will decide to deliver the notice personally or leave it at the tenant's door. However, some states may specify how the notice has to be delivered, such as through a process server or sheriff or through the USPS with delivery confirmation.
In general, the landlord must refrain from any behavior that could be considered harassment. Landlords can hardly go wrong to remember to document everything thoroughly.
The grace period for rent collection is not arbitrary but dictated by state law. Depending on where you live, this time frame can be anywhere from 3 to 30 days. However, in some states like New Jersey and Georgia, tenants have to pay immediately or quit.
A landlord does not have to hire an attorney to write a Notice to Pay Rent or Quit. The tenant might see the need to hire an attorney if he or she has reason to believe that the landlord is in the wrong and wish to formally contest the amount assessed.
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