As a landlord, you must approach eviction professionally and follow all legal steps to protect yourself. The eviction notice is the first formal step to start the eviction process.
In this guide, we’ll break down what an eviction notice is, and how to write and send one. Plus, we will provide you with a free printable eviction notice template.
What is an eviction notice?
An eviction notice is a legal document landlords use to inform tenants that they must leave the property. Notices can be unconditional or conditional, meaning the tenant may not be evicted if they fix the issue.
Here are the main types of eviction notice letters, typically sent before a formal eviction:
- Notice of Termination: Sent at the end of a lease term.
- Pay Rent or Quit Notice: Issued when rent is overdue, requiring payment or departure.
- Notice to Quit: Used for rule violations, informing the tenant they must move out.
- No Cause Notice: Sent when the landlord wants to end the tenancy without specifying any reason.
Landlords should know that evicting a tenant without a valid cause breaches the lease agreement and can lead to potential lawsuits from the tenant. Check your state laws before starting the eviction process.
How to write an eviction notice
A notice of eviction letter doesn’t have to be complicated. Keep it straightforward, clear, and professional.
Here’s what to include:
- Date of the notice
- Full name of the tenant(s)
- Property address
- Statement of the eviction reason (e.g., unpaid rent or lease violation)
- Reference to how this violates the lease agreement
- Deadline for vacating the premises
- Landlord’s signature
- Landlord’s name, address, and contact information
These details may vary based on the type of eviction notice and state laws. It’s a good idea (and sometimes required) to include the specific state laws that outline the reason for eviction. For example, a notice to pay or quit in Indiana should reference Indiana Code § 32-31-1-6.
When to send an eviction notice
Depending on the situation or your state’s laws, an eviction notice period could be 3 days, 30 days, 60 days, or even a 90-days.
Here are some reasons to send an eviction notice:
- Tenant hasn’t paid rent by the due date
- Tenant violated a lease term, like noise restrictions or occupancy limits
- Tenant caused property damage beyond normal wear and tear
- Tenant is involved in illegal activities on the property
- Tenant refuses to leave after lease expiration
How to serve an eviction notice
Acceptable methods for serving an eviction notice include:
- Personal delivery to the tenant
- Using a process server to deliver the notice
- Through local law enforcement
- Sending by regular U.S. mail or certified mail
Some states also allow email as a legal delivery method. If more than one method is allowed, check your lease agreement and state or local laws to determine the exact requirements for delivery.
For example, if in-person delivery is required, you have to identify who is delivering and receiving the eviction notice. Your tenant may also need to sign the notice to prove it was delivered. In California, this is called a Return of Service or Certificate of Service.
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