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Eviction Notice

Learn more about Eviction Notice

While state laws vary, most eviction processes begin with an Eviction Notice. If your tenant has violated their rental agreement by not paying rent or otherwise not upholding the lease terms, you can use an Eviction Notice (also called a Notice to Vacate or Notice to Quit) to document the breach of contract and warn the tenant that you will take legal action to remove them if they fail to comply with the terms of the lease.

Making your free Eviction Notice online is easy. Just answer a few questions, and Rocket Lawyer will build the document for you. The entire document creation process typically takes less than 10 minutes.

You should have the following information:

Basic lease details

  • Tenant names
  • Address of the rental property
  • The landlord or property management company name and address
  • Lease term dates

Eviction details

  • Reason(s) for eviction
  • Rent due from the tenants, if applicable
  • Accepted payment methods, if applicable

Depending on the location of the property, a landlord may not have to provide any reason or "just cause" for eviction at all. That said, you may not evict a tenant on the basis of discriminatory factors (like age, race, gender, religion, etc.)

The most common allowable legal causes for eviction include:

  • Late rent
  • Persistent past due payments
  • Violation of the lease agreement
  • Property damage
  • Health and safety hazards
  • Illegal use of the property
  • Disturbing other tenants
  • To allow for owner or relative move-in

If you are unsure about the eviction laws in your area, talk to a lawyer.

The amount of notice varies based on state law. There can also be different notice periods for non-payment of rent compared to other lease violations. Typically, the eviction notice period can range between 0 and 30 days depending on the state, with the most common times being 3, 5, or 7 days. When you make an Eviction Notice with Rocket Lawyer, your document will automatically be populated with the legal notice period required in your state.

The length of the notice period will play a large part in how long the overall process takes. Failing to follow the correct eviction procedures for your state can lead to delays or a dismissal of your case, so it is strongly recommended that you work with a lawyer.

A written lease is not required to evict someone from your property. Depending on how the unwanted guest acts, they may be classified as a tenant in the eyes of the law. For example, if their agreement with you involves payment or work in exchange for a place to stay, or if they change their mailing address to your property, they could be recognized as a tenant and formal eviction may proceed. The same applies if the unwanted tenant is your roommate, family member, or romantic partner who is not listed on the lease. If you are in this situation, a lawyer can help you understand your options.

Making an Eviction Notice with Rocket Lawyer is free, however there may be other fees associated with the rest of the eviction process, such as lawyer fees, or the cost of a locksmith, movers, and/or storage. In some cases, you may only need to pay court fees and a service fee (if you are using a process server or certified mail to deliver the Eviction Notice.)

As a Rocket Lawyer Premium member, you can download your Eviction Notice in PDF or Word format, and print it anytime. You can also use your Rocket Lawyer membership to have your document reviewed by an On Call attorney.

If you have questions before getting started on your Eviction Notice, ask a lawyer or browse more legal documents for landlords.