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, an Eviction Notice may give the tenant a warning and a chance to fix a problem before the landlord proceeds with eviction. Otherwise, the notice informs the tenant why they’re being evicted and when to vacate the property.
An Eviction Notice is also commonly known as an eviction letter or notice to vacate.
If you’re looking to evict or provide notice to a commercial tenant, use LawDepot’s Commercial Eviction Notice instead.
Common reasons to send an Eviction Notice
Common reasons a landlord may send an Eviction Notice include:
- The end of a non-renewing lease term
- Lease violations (breaking lease terms)
- Damage to the property
- Illegal activity
- Overdue rent
If landlords are unsure when to use an Eviction Notice or are concerned that a tenant is engaging in illegal activities, they can seek advice from a lawyer specializing in eviction law for their state.
If a landlord is looking just to increase the rent, they should inform their tenant with a Rent Increase Notice instead.
Types of Eviction Notice forms
There are several types of Eviction Notices available to landlords, each suited to different needs. The most common types include:
Notice to Quit
A landlord uses a Notice to Quit to inform a tenant that they must leave by a certain date. Often, this is a first step in an eviction or termination of tenancy. For example, the landlord may want to renovate or sell the property.
Each state will have regulations and valid grounds for evicting tenants.
Notice to Pay Rent or Quit
Landlords can use a Notice to Pay Rent or Quit when a tenant is late paying their rent. This kind of letter advises the tenant to pay the outstanding fees by a certain date or vacate the property. The letter may also specify late fees or other charges.
Notice of Lease Violation
Landlords use a Notice of Lease Violation when a tenant breaks the terms of their lease agreement.
For example, a landlord may receive complaints about excessive noise after designated quiet hours or discover that the tenant has an unauthorized pet. A notice gives the tenant the chance to resolve the issue. If they fail to do so, the landlord may decide to end the tenancy and proceed with eviction.
Notice of Termination
Landlords can use a Notice of Termination if a lease agreement automatically renews at the end of a term and they wish to end the lease.
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LawDepot’s state-specific Eviction Notice template is available for the four common notice types and other eviction requirements, such as property damage or illegal activities.
Always check your state and local laws for valid reasons to evict a tenant, the eviction process, and the required notice.
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Key components of Eviction Notices
Key requirements of an Eviction Notice include details such as the:
- Reason for the notice (e.g., rent is overdue, and how much is outstanding)
- Notice period for resolving a concern or vacating the property
- Landlord’s details (i.e., name and address)
- Tenant’s name
- Details of the lease (e.g., property address and signing date)
How to write an Eviction Notice
Create your state-specific Eviction Notice with LawDepot’s user-friendly template. Select the type of residential property being rented and continue with the following steps.
1. Select the location of the property
Each state has different rules and regulations for Eviction Notices. Select the state where the property is located so your notice complies with local requirements.
2. Choose the type of notice you need
Select why you are evicting your tenant (e.g., overdue rent, lease won’t be renewed, or a lease violation).
Our questionnaire will then prompt you to provide the essential information for your notice. For example, you’ll be asked to add the details of a lease violation if a tenant has breached the terms of the contract.
You can then select the appropriate notice period to resolve any issues or vacate the property based on your state’s laws.
3. Add both parties’ details
Provide the name and address of the landlord and the name of the tenant receiving the notice.
4. Include the lease details
You’ll have the option to enter the rental property’s address and the lease agreement signing date during the questionnaire, or add them after downloading and printing your notice.
How do you serve an Eviction Notice?
In most states, landlords may deliver an Eviction Notice by hand, by mail with proof of service, or by electronic communication such as email (if the tenant agreed in writing to receive notices this way).
If you deliver a notice in person, it’s best practice to have a third-party witness present in case the tenant denies receiving the document. If you mail the notice, send it through registered post to provide proof of delivery and a receipt. This method often includes a signature upon delivery and online tracking.
Some jurisdictions require a sheriff or other authorized third party to serve an eviction letter. It’s important to consult your local landlord-tenant authority and laws before proceeding with an eviction.
Eviction Notice FAQs
