Property owners or landlords might experience various leasing concerns. In unfortunate circumstances, when they need to evict tenants, writing an eviction letter will be beneficial. Looking for eviction notice forms is one of the initial steps of the eviction process. Following a thorough process ensures that you’re compliant with the local and state laws.
Landlords may send an eviction notice when tenants violate lease rules and regulations. Additionally, they could also evict tenants if the monthly lease agreement expires and no heads-up for lease extensions. Furthermore, eviction is more than just expelling someone from a property. It usually undergoes a standard process that involves various aspects. This article will tackle all about an eviction notice, an overview of what an eviction notice template looks like, and many more.
Eviction notice defined
When one serves full signed eviction notice forms, it sends a message to tenants that they must vacate the property on a scheduled date. The notice will also prove that you provided your tenant with appropriate information about their eviction. Suppose the tenant fails to comply, you can take legal action. Also, it is necessary to keep a copy of the eviction letter once it is drafted.
In some cases, an eviction letter can also allow tenants to fix problems before the landlord continues with the eviction. Since the eviction notice is bound by law, tenants have the right to stay at the property until both parties hear a decision from the judge.
Different kinds of eviction notice forms
It might also be ideal for landlords to look at an eviction notice sample to know how these documents look, including their content.
- Quit Notice or Pay Rent. Suppose tenants are late or missing rent payments; landlords can use this eviction notice form. The letter’s contents include advising the tenant to settle the outstanding amount at a specific time. Otherwise, they have to vacate and leave the property. Additionally, the notice might also contain additional charges or late fees.
- Lease violation notice. In cases when a tenant breaks a regulation in the lease agreement, landlords can have the lease violation form. In context, landlords might receive complaints about excessive noise beyond scheduled quiet times or discover that tenants are housing unauthorized pets. Whatever the case may be, a lease violation notice provides tenants to leave the property or resolve the issue.
- Notice of Lease termination by a landlord. Suppose the lease automatically renews monthly; landlords can use the termination notice to end the lease effectively.
- Notice to quit. Landlords usually use the notice to quit form when they need to end the lease in circumstances that are not the tenant’s fault. A few situations include landlords opting to renovate or move into the rental property. Additionally, landlords must verify with the state legislation the valid reasons for the eviction of tenants when they are not at fault.
Steps in writing an eviction notice
An eviction notice example comes in different forms, depending on how landlords formulate and structure the notices. Here is a step-by-step guide on how to write an eviction notice.
- First, describe the location and the property involved.
- You then select the type of eviction notice which best fits the situation. You need to describe the amount, the due date, and other possible charges for overdue rents. The details you need to input for lease violation include the reference to the phrase or clause in the agreement that the tenant violated. Additionally, suppose the lease will not be renewed; the landlord has to identify whether it is a fixed or periodic tenancy that is about to expire. This is essential information since it will affect the needed notice period. Most importantly, the details have to be in complete sentences.
- Ensure to include the name, address, and other essential details for the tenant and landlord.
- In some cases, landlords need to supply proof of service on the eviction letter. This document will serve as the landlord’s proof and evidence in court to verify that the tenant received and read the copy of the notice.
The eviction process
- Try to solve the conflict or violation. Before sending the official notice, there needs to be communication between the landlord and the tenant, either by text message or e-mail. In some cases, eviction letters can scare a good-paying tenant. This is why landlords need to exercise a calm approach that will not make tenants defensive. Both parties might straight out the violation at some point without going past this stage.
- Deliver the eviction notice. The landlord must send the eviction letter to the tenant to officially start the eviction procedure. Landlords can send it by posting the letter to the tenant’s door while also delivering it through certified mail. Remember to secure a return receipt. Once the tenants receive notice, they will have ample time to attend to the violation and better cure it within the given time frame.
- File the eviction documents. Suppose the tenant has not solved the violation within the provided time frame, the landlord can proceed to file the notice to the local county courthouse. Additionally, landlords need to bring a copy of the Return Receipt. Before going to the courthouse, it is necessary to list all the following information.
- Description of the reason for eviction
- A comprehensive account as to who and when the eviction notice to vacate was delivered
- A proof of all the unpaid dues and rent at the time of filing
- The address and description of the property involved
- If there are attorney fees involved, the landlord also includes a statement together with the filing.
After filing, the court then summons the tenant to show up in court on a scheduled date.
- Attend the court hearing. In some cases, the tenant cannot afford a lawyer to defend them in court; the tenant will defend themselves. For the landlord’s part, they must bring with them to court the original lease, notice to quit, and payment records.
- Obtain judgment. Once the landlord wins the case, the court will provide considerable time for the tenant to pack up and leave. In most cases, tenants are given one week. Suppose the tenant fails to move out beyond the given timeframe, the landlord can contact the local sheriff. They will be the ones to escort the tenant out of the landlord’s property along with their valuables.
- Collect court fees and delayed dues. The party who won the case is entitled to recover court costs. In most cases, the security deposit will cover the majority of the losses sustained by the landlord. Suppose the security deposit is not enough; the landlord can go through the process of small claims court for collection. However, it might take some time for the landlord to collect the money ultimately. Hence they need to consider whether collecting will be worth their time.
When is an eviction notice necessary?
Not all landlords will serve an eviction notice once tenants make mistakes. In some cases, they can just talk it out. However, it can also be beneficial to know the possible grounds for serving an eviction letter.
- Suppose the tenant fails to settle the rent dues, the landlord can use the eviction notice to inform the tenant to settle the dues. If a tenant decides not to pay on the given deadline, they must vacate the property.
- Another situation where the eviction letter is necessary is when the tenant violates the lease agreement. Although in some cases, landlords allow tenants to remedy the violation within a scheduled time frame to avoid eviction.
- For monthly tenancy agreements, the landlord can use an eviction letter to notify the tenant of the expiration of their tenancy at a specific date.
- The lease ended, and the tenant remained on the property. If this happens, the landlord has the right to issue an eviction notice to the tenant to vacate the property.
What must tenants do upon receiving an eviction letter?
- Tenants can first talk with their landlord to sort things out. It could be that there were some misunderstandings on the lease terms. Having a simple discussion can be the cheapest way to resolve and remedy the problem. Also, both parties might consider local mediation resources in town.
- A tenant with a considerable amount of money can also hire a lawyer. In cases when the stakes are high, it can be beneficial to seek legal help. In some cases, lawyers familiar with local housing procedures usually implement flat rates.
- A tenant can also discover that state and local governments provide helpful tenant-landlord services with a bit of research. In some cases, local governments invest in resources for housing assistance to prevent the issue of homelessness. Tenants can try to research the following agencies in their respective cities and towns:
- For city resources: Human Rights and Services Department, Housing Agency, District Attorney’s Office, Country or City Rent Control Board, Consumer Protection Agency
- State resources: Housing Authority, Health, and Human Services Department.
- Look for a nonprofit organization that can be of help. Since housing affects almost everyone, nonprofit institutions specialize in assisting with disputes involving tenants and landlords. A tenant can qualify for free legal or subsidized services.
- A tenant’s last option is to represent themselves in court. Before going to court, ensure to bring all the necessary documents, information, and photos that can be useful to the case in the tenant’s favor.
Different ways to avoid filing an eviction notice
Serving eviction notice forms does not only jeopardize landlord-tenant relationships. Furthermore, it can be costly. Suppose you want to skip the complicated part of issuing eviction notices; as a landlord, you can check the following ways to avoid filing one.
- Ensure tenants can provide necessary information during the rental application. You must confirm details like credit checks, work status, current financial capabilities to pay rents, background check, and references from previous landlords or property managers.
- Document every time the tenant fails to pay the rent.
- A notice to lease violation is also necessary to oblige tenants to remedy or correct the problem.
- You can also provide a notice of termination to give a warning of the non-renewal of the lease.
- Notify the tenant of an expected rental increase using a notice to increase the document.
- Landlords also need to notify tenants of possible property maintenance or inspection whether the tenants comply with the lease agreement.
Q1: Do eviction notice forms need notarization?
A1: Suppose you need to include a copy of the proof of service; you may get the document notarized. Otherwise, various jurisdictions do not require landlords to notarize the eviction letter.
Q2: What is the timeline of the eviction process?
A2: The eviction process usually takes about a month, from sending the notice to bringing the case to court. However, it could also take about two to three months in some cases, especially if the tenant holds out and does not follow the guideline process.
Q3: How long does the eviction stay on a tenant’s record?
A3: An eviction will be in public records for seven years. The judgment will not be stated on credit reports, but it will only appear on a consumer report.
Q4: Can the landlord have their eviction notice template?
A4: Yes. Every landlord can create the structure of an eviction letter, provided that the notice has all the necessary information and details needed by the court. If landlords are not very familiar with how it works, they can check an eviction notice template online. There are tons of them.
Q5: Are landlords allowed more than the minimum time frame?
A5: In general, yes. When formulating an eviction notice, landlords can offer tenants more time than required by law. In most cases, the time needed for every state is just the minimum. This means that the landlord can extend the time frame if they wish to. Also, landlords can delay filing the notice, giving tenants more time to move out or fix the issues.