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What is an Eviction Notice?
An eviction notice, or a “notice to quit” or “notice to vacate,” is a letter notifying your tenants that they have a certain amount of time to vacate the premises. A landlord cannot simply issue an eviction notice because they don’t like the tenants. They must have failed to pay rent, violated the terms of the lease, caused property damage, broken local ordinances, or created health or safety violations on the property.
Why do you need to use an Eviction Notice?
The eviction notice legally notifies the tenant that the landlord intends to pursue legal proceedings against the tenant if the default is not cured within an established number of days. If the tenant does not pay according to the terms of the notice, the landlord will be able to commence the eviction proceedings.
When do you need to use an Eviction Notice?
An eviction notice is used to address a delinquent tenant. A landlord will use an eviction notice when the tenant is past due on rent. It is an effort to bring the outstanding balance current.
Are there any deadlines or times when this form is needed?
A landlord should not send an eviction notice if the rent is just a “little” late. Some states allow grace periods, and some grace periods will be in the lease. The landlord should also have proof that the rent has not been paid. However, once the lease has been breached, the eviction notice can be drafted to collect the past due rent.
What are the main things that go on an Eviction Notice?
The eviction notice must contain specific contents to avoid any delays in the eviction process:
- The names of each tenant as listed in the lease.
- The address of the rental property (as on the lease).
- The reason for the notice/the breach.
- Specify the amount of rent past due.
- Include a specific number of days for when the outstanding amount is due (number of days varies; confirm your State’s laws) and where to remit the amount owed.
- The date and consequences if the payment is not received in full and by the date on the notice.
- The landlord’s signature and date.
The notice shall state that if the tenant does not pay the amount in the notice, he/she has to move and forfeit the lease.
What are the most common mistakes to avoid?
One of the most significant elements of an eviction notice is how it is delivered. Proper service will ensure it is held up in court if the eviction proceedings are commenced. There are a few methods of service for an eviction notice:
- Certified Mail with Return Receipt
- Private Process Server
- Personal Service
- Substitute Service and Mailing
- Affixing Notice to Door
Do I need to use a lawyer, accountant, or notary to help me?
You can easily create an eviction without hiring any lawyer, accountant, or notary. It is the first step before you can formally begin eviction proceedings in court. Creating the form online can save you time and money. It can also cut out the hefty expense of hiring a lawyer.
Why use our Eviction Notice generator?
Our easy to use eviction notice generator was created by a staff of lawyers, and you can have a one for a fraction of the cost you would pay an attorney. We also offer a subscription plan so you can create unlimited eviction notices at a low cost.