Last updated December 6, 2022
What is an Eviction Notice?
An Eviction Notice is a letter that a landlord sends to a tenant as a warning that their lease is or may be coming to an end.
In some cases, the Eviction Notice may give the tenant the chance to fix a problem before the landlord proceeds with eviction. Otherwise, the notice informs the tenant why they’re being evicted and when they must vacate the property.
You can use LawDepot’s Eviction Notice form for reasons such as:
- Overdue rent
- Lease violations
- The end of a non-renewing lease term
- Other legal grounds for terminating a rental contract
The required notice periods for eviction can vary depending on the length of the lease and the reason for terminating it. Select your state to customize LawDepot’s Eviction Notice template to suit the laws of your jurisdiction. We’ll also supply relevant legal information in our questionnaire to help you through the eviction process.
For commercial tenancies, use LawDepot’s Commercial Eviction Notice instead.
1. Notice to Pay Rent or Quit
Landlords can use this form when a tenant is late on rent payments. The letter advises the tenant to pay the outstanding amount by a certain date or vacate the property. The letter may also specify late fees or other charges.
2. Notice of Lease Violation
Landlords can use this form when a tenant breaks a term in their lease. For example, the landlord may get complaints about excessive noise after designated quiet times or discover that a tenant has an unauthorized pet. Whatever the case, a Notice of Lease Violation gives the tenant the chance to resolve the issue or leave the property.
3. Notice of Termination of Lease by Landlord
If a lease agreement automatically renews at the end of a term, landlords can use a Notice of Termination to end the lease.
4. Notice to Quit
Landlords can use a Notice to Quit when they want to end the lease in situations that are not the tenant’s fault. For example, a landlord may want to move into or renovate the rental property. Be sure to check your state’s legislation for valid reasons to evict a tenant when they’re not at fault.
How many lease violations should landlords tolerate before evicting a tenant?
If a landlord sends two or more Notices of Lease Violations, it’s possible they could start taking steps to evict the tenant. However, the options available to the landlord will vary depending on their jurisdiction’s laws, the nature of the violations, and the terms of the lease.
For example, the landlord should consider the length of the lease remaining against the seriousness of the conduct. A tenant that repeatedly pays rent late is irritating, but it may not be worth the trouble of evicting them if there are only two months left on the lease.
If the tenant has a history of non-compliance, the landlord can apply to their local landlord and tenant authority for help resolving the issue. This may include establishing an unlawful detainer (i.e., an eviction lawsuit).
In most cases, the landlord must first send an Eviction Notice within the proper time to pursue an unlawful detainer. Be sure to consult your local laws to confirm whether you can pursue an eviction and what the required notice periods are in your jurisdiction.
1. Describe the property and its location.
This will modify our template to suit the laws in your jurisdiction. Include the address of the property.
2. Choose the type of eviction notice best suited to your situation.
For overdue rent, describe the amount that’s due, when the due date was, and if there are any additional charges.
For lease violations, reference the section or clause in the lease that the tenant violated.
If the lease won’t be renewed, specify whether this is a periodic or fixed-term tenancy coming to an end; this affects the required notice period. Consult your landlord and tenant authority to ensure you provide the proper notice period. Also, include the date the tenant needs to vacate the property by.
For any other reason, provide the details with complete sentences.
3. Provide party details.
Give the name and address of both the landlord and tenant.
4. Plan to provide proof of service.
Some jurisdictions require landlords to send proof of service on an eviction notice. This is a document that landlords can use as evidence in court to verify that the tenant received a copy of the document.
If you choose to include this in your eviction notice, our template will generate a proof of service form for you to fill out and sign in the presence of a notary public.
Does an eviction notice have to be notarized?
If you choose to attach a proof of service form, you may need to get the document notarized. Otherwise, most jurisdictions do not require an eviction notice to be notarized.
How do I serve an Eviction Notice?
In most states, landlords may deliver an Eviction Notice by hand, through the mail with proof of service, or through an electronic communication like email (if the tenant agreed in writing to receive notices this way).
If you deliver the notice in person, having an objective third party witness the event is beneficial if the tenant ever denies getting the document.
If you mail the notice, sending it through a registered post service provides proof of delivery and receipt (often with a signature upon delivery and online tracking).
However, depending on your jurisdiction, you may need to give your notice form to the police or another authorized third party. As such, it’s important to consult your local landlord and tenant authority before proceeding with eviction.
