An eviction notice is normally used by landlords that are renting out their real estate property. It’s an officially binding document that informs the tenant that they have to leave the place by a particular date. Giving out this document will be the initial step to evict a tenant who might be disrespecting the rules that are written on the contract.
Most states in the US require that an eviction notice has to be given at least one month before the tenant should leave the premises. Some real estate laws might need to be followed in the process of eviction, so if someone has to be evicted, it’s best to seek guidance from a lawyer.
There are some of eviction aren’t legal like "constructive" eviction that involves shutting off the use of utility, changing the locks, or forcing eviction like taking out the belongings of the tenant out of the unit..
An eviction notice must have the following information:
Step1Information about both parties
Write the full names and address of the involved parties, which at the tenant and the landlord.
Step2The period the eviction is already at
Should the tenant leave? Does the tenant has to pay money, or is the notice is just to warm the tenant for violating a certain rules?
Step3The date the notice has to be effective
State the date the tenant has to exit, pay up, or talk to the tenant to discuss the situation.
Step4The date wherein the agreement has to be signed
It's very important that the landlord acknowledge the date everything has to be settled.
Step1
Write the date at the left upper side of the notice. Write the tenant’s name, contact number, and address on the successive lines, a few lines under the date. Write the tenant's information such as name, contact number, and as well as the address. Write a salutation under the contact number of the tenant.
Step2
Write the body of the letter, start by notifying the tenant that he has violated terms of his rent. Write also the name of the business if applicable, the name of the tenant as it appears on the rental contract as well as the date the lease has started.
Step3
Inform the tenant as to why he’s in violation; for example, you can write that he failed to pay the rent for succeeding 3 months.
Step4
Write the steps the tenant has to take in order to settle the violation within a certain period of time, the length of time depends on the reason for the notice. Evictions for failing to pay the rent commonly require a 3-day notice. Eviction notice for failing to pay fees, utilities, or other obligations also commonly require a 3-day notice. Evictions that end periodic rentals, like once a month or once a week, where the tenant has lived in the property for not more than a year, require at least 30 days of notice. Tenants living more than a year commonly require 60-day notice. Write where the tenant can pay the rent if he wants to settle it by paying it.
Step5
End the eviction notice writing signature over your printed name. Mail the letter to the tenant of give it personally.
1
If the tenant doesn’t leave the premises by the date stated in the eviction letter, the landlord can get legal advice in determining the following step that has to be taken.
2
Deliver the letter personally to the tenant or send it through a certified mail. It will make sure that the tenant really gets the letter.
3
The letter has list the steps that have to be taken by the tenant to fix the situation within a certain period of time. This can range from 3 days up to 60 days.
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