Free Eviction Notice

After determining the reason for eviction, the landlord will need to determine how many days' notice to provide the tenant(s). Depending on the reason for eviction, the tenant(s) must be given enough time to correct the violation or vacate the property. If this information is covered in the lease or rental agreement, then the lease or rental agreement will control how many days' notice is needed. However, even if the information on days' notice is included in the lease or rental agreement, the time frame for the notice must be equal to or longer than the state required minimum. If the lease or rental agreement does not provide any specific time frame, then the landlord will need to check the applicable state laws in order to give the right amount of notice to the tenant(s). Generally speaking, the number of days starts when the notice is properly served upon the tenant(s).

An Eviction Notice is the first step for a landlord attempting to evict tenants from a rental property. An eviction is a lawsuit in which a landlord asks the court to order another person (the tenant) to move out of a rental property. In addition to evicting the tenant from the rental property, in many cases, the landlord or manager may sue the tenant for unpaid rent or damage to the rental property. Before the lawsuit begins, the landlord is required to give notice to the tenant. In most cases, the tenant must be given a chance to correct the offense. As stated, the Eviction Notice is the first step in the eviction lawsuit, and it may be all that is necessary to remove the tenant or gain compliance. This notice may also be used to evict a tenant without cause.

Below is a list of items you may need to review when preparing an Eviction Notice for a tenant. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, or proof of violation will be helpful in filling out the interview questions.

• Review each provision in the lease or rental agreement.
• Determine the amount of unpaid rent, if any.
• Determine violations of the lease or rental agreement, if any.
• Determine how many days' notice you must give to the tenant(s).

How to Evict Tenants from a Rental Property
Steps for Collecting Late Rent
How to Access a Tenant's Apartment
Apartment Maintenance Responsibilities
Rental Agreement Forms Must Comply with Real Estate Laws

Failure to Pay Rent is the most common type of eviction notice and should be used to give tenants notice that (1) they owe past due rent for a specific period of time and (2) they must either pay the past due rent or vacate the property. The rent must actually be past the due date as explained in the lease or rental agreement. The amount owed should not include any late utility payments or any additional fees associated with the rent. In many states, tenants who are late with rent payments are usually given a minimum of three days' notice to pay the past due rent before an eviction lawsuit can be filed. The landlord must provide the tenant(s) with at least the minimum amount of time required by the state to pay the past due rent. Furthermore, the tenant may correct the violation by paying the past due rent stated in the notice. However, if the tenant pays the overdue rent, the landlord will no longer have a legal cause for eviction unless there are other violations.

A lease holdover happens when a tenant remains on the property after the expiration of the lease OR after the landlord has given a notice of termination of the lease. If the landlord continues to accept rent payments, the tenant can continue to legally occupy the property. However, if the landlord does not accept further rent payments, the landlord can give notice to the tenant to vacate the property. The landlord should refer to the applicable state laws in order to allow the right amount of time for the tenant(s) to vacate the property before an eviction lawsuit can be filed.

Generally speaking, landlords do not need a reason to evict month-to-month tenants. Landlords only need to provide a written notice stating that they are terminating the tenancy on a specific date (usually thirty days after service of the notice). However, the landlord cannot accept any rent payments to cover any period of time after the notice has been served. If a tenant pays rent after the notice date (and the landlord accepts the rent) then the landlord will have voided the notice and accepted payment. The time period for the notice is usually dependent on how long the tenant(s) have occupied the property. For example, in some states, if a tenant has lived on the property for less than a year, the landlord only needs to give thirty (30) days' notice. However, if the tenant(s) has lived on the property for more than a year, then sixty (60) days' notice is required. The landlord should refer to the applicable state laws to allow the right amount of time for the tenant(s) to vacate the property before an eviction lawsuit can be filed.

Because an eviction is a lawsuit, every state has very detailed laws on how and when a landlord can formally evict a tenant. Therefore, the landlord should always refer to their applicable state laws regarding evictions to make sure he or she has a legally valid reason to formally evict a tenant. It is important to note that a tenant can get an eviction lawsuit dismissed if the landlord fails to follow the state's eviction process laws. Some of the most common and universal reasons for an eviction are:

• Failure to Pay Rent.
  If the tenant(s) has failed to pay past due rent, the landlord can issue a notice to pay rent or vacate the property. This is the most common reason for eviction.

• Violation of Lease or Rental Agreement.
  If the tenant(s) has violated any provisions of the lease or rental agreement, the landlord can require the tenant to fix the violation or vacate the property.

• End Month-to-Month Tenancy.
  A landlord can (without cause) end a month-to-month tenancy by giving proper notice (usually 30 days).

• Lease Holdover.
  A Lease Holdover means a tenant is remaining on the property after the lease has expired or after the landlord has given notice of termination of the lease.

After completing the interview, read the entire notice to make sure it meets your intentions. Also, look over the notice to ensure it complies with the lease or rental agreement and any applicable state laws. Once the notice is in its final form, you can print and sign the notice. Make sure to provide a copy for each tenant listed on the notice.

A landlord's notice to a tenant must be served properly to be legally effective. A tenant can get an eviction lawsuit dismissed if the landlord fails to follow the state's laws regarding the eviction process.

The landlord can deliver the notice and sign an Affidavit of Service or the landlord can hire a certified process server to formally serve the tenant(s). If the landlord chooses to serve the notice, he or she needs to make sure the notice is properly served in accordance with state law. For more information on proper service, refer to your local state laws regarding eviction notices and proper service.

If the tenant(s) violated a provision of the lease or rental agreement, the landlord can give the tenant notice of the violation (other than non-payment of rent) and explain that the violation needs to be remedied. This notice can be used for a variety of situations such as an unpaid security deposit, an unapproved pet, or a utility payment that is due. As long as the landlord can point to the section in the lease or rental agreement that is being violated, the landlord can give notice to the tenant to correct the violation or vacate the premises. Generally speaking, tenant(s) served with this notice will have a longer period of time to correct the violation (as opposed to a notice to pay rent) before an eviction lawsuit can be filed. The notice can have a deadline from three (3) to thirty (30) days depending on the applicable state law.