Court proceedings are expensive, tiresome, and time-consuming. Many people seek alternative ways to resolve their problems. Sometimes a simple conversation is enough to save lots of money, time, and energy. However, unfortunately, there are cases when one of the parties refuses to cooperate or to make a sincere apology. In such cases, going through a court process is a necessity. Below, you will find detailed information about an Eviction Notice form. We will guide you through the eviction process and explain how to prepare the form.
What is an Eviction Notice?
An eviction notice is an essential document you must know about when establishing landlord-tenant relationships. It makes the process of removing a tenant from the property legal. There are different valid reasons a landlord might seek to terminate the relations and start the eviction process.
The most common are the following:
A tenant has failed to make the payment on the due date and has been delaying rent for a certain number of days.
A tenant has done something illegal (criminal activities may include taking or selling drugs or alcohol on the premises of the rental unit, being involved in prostitute-related activities on the property, using a firearm without obtaining a license, etc.).
A tenant has violated the terms of the agreement (for instance, the tenant is keeping pets in the rental apartment or have done any damage to the property that is beyond repair or that cannot be covered by their security deposit or any other type of damage that may seem disturbing to a landlord).
A landlord has decided to remove a monthly tenant (selling property may be one of the reasons for doing it).
Depending on the reason a landlord has decided to ask their tenant to leave, the structure and the content of the form may vary. There are four popular types of eviction notices:
Notice to Pay or Quit (for unpaid rent)
Notice to Comply or Quit (for non-compliance)
Notice to Quit Immediately (for illegal activity)
Month-to-Month Termination Notice
You can either choose among the specific types of form or download a general template where you can select the relatable reason among the list or describe your own one.
When to Use an Eviction Notice?
According to the state rules, it is necessary to notify a tenant about the eviction process with the document under discussion. If the tenant doesn’t try to resolve the problem or ignores the notice, the landlord is allowed to file a complaint with the court. So, sending an eviction notice is a legal way to begin the unpleasant procedure.
We will briefly describe the whole process for your better understanding:
1. Delivering a Notice to a Renter
Before going to court, the lessor should send a relevant notice to the tenant. In a best-case scenario, this will be the first and the last step that is taken to resolve the issue. The document can be sent by mail or delivered by hand (if the landlord wants to make sure that the renter has received the paper).
2. Bringing the Claim to Court
After the renter has not given any response or hasn’t complied with the landlord, the latter may apply to the local court. The landlord should prepare the necessary documentation (the Complaint and Summons) and be ready to pay the required fee.
3. Attending the Hearing
Both parties must prepare all required documents (the original version of the lease agreement, eviction notice, answer, etc.) and visit the court on the hearing date.
4. Wait for the Judge’s decision
Wait for the final judgment in the court. If it is delivered in favor of the owner, the tenant will have to move out immediately. If the tenant has won the case, the landlord must cover all the court costs and attorney fees.
Mind that the landlord must act in accordance with state law to make the renter move out. It is not advisable to resort to self-measures like changing locks, cutting off the water and electricity supply, or physically attacking the tenant, etc. All these illegal measures will be considered in court even if the notice is sent afterward.
What Should Be Included in an Eviction Notice?
There are general details that must be included in the document regardless of the state:
Personal information of both parties (full names and addresses)
The reason for the eviction
Possible solutions to the problem
The date by which the renter has to deal with the issue or leave the premises and the date that the owner created the form
How an Eviction Notice Work?
Before starting the eviction process, one must find information about the laws regulating the process. The statutes are easily accessible on the Internet. However, we recommend consulting with your local lawyer to get the most up-to-date information.
Mind that it is not possible to send the document at any time you want. For instance, in the states which allow the Rent Grace Period, the landlord must wait for a certain number of days before sending a notice to quit. Typically, if the landlord wants to sell the apartment, renew the contract, or use the rental unit for other purposes, the eviction notice should be delivered to a renter not less than 30 calendar days before the eviction day.
The form is easy to complete. As there are many different types of eviction notice, we will focus on a general template and give you instructions on how to fill it out:
1. Enter the Tenant’s Information and Tenancy Details.
The first thing you are to write is the full legal name of the renter. In the next paragraph, write where the residential unit is located (city, county, state, Zip Code, number, and street). It is also necessary to write the date the tenancy started and the number of days the landlord gives to the tenant to solve the problem.
2. State the Reason for Eviction
In the second part, check the relevant box (if provided). If you are creating a notice for non-payment, enter the sum of money the tenant must pay and the name of the person who should receive the payment. Also, indicate the past due rent period. If a non-compliance notice is being generated, describe the violation of the lease (constant noise complaint, unallowed pets, etc.). If the tenant has conducted an illegal action on the premises, specify the type of crime.
3. Fill out the Month-to-Month Termination Section (Optional)
This part is completed only when a landlord is seeking to remove a monthly tenant or when a tenant wishes to end a month-to-month contract. Select the necessary box and specify the party you belong to. Write the starting date and the date of tenancy termination.
4. Sign the Document
The document must be signed by one of the parties, depending on the reason for creating the notice.
5. Complete the Certificate of Service
The landlord must state when and in what way the notice was delivered (personally to the tenant/ to their family member or employee/ by first-class mail) and write the name of the tenant.