An Eviction Notice generally includes the following:
- The offense (the reason the landlord is serving the eviction notice)
- A time period to remedy the offense (such as ten days from service)
- The date the notice was served
- The signature of the landlord
In some states, the eviction notice alone may be grounds for eviction. But laws vary state to state (and sometimes within states, often in areas with rent control). You may have to take your tenant to court even if no remedy is offered and your tenant may in fact get to live in the property until the case is decided. If the tenant's eviction is upheld, it may be necessary to have he or she removed from the property by law enforcement.
Even if the tenant is months behind on rent, without a court order the landlord cannot:
- Physically remove the tenant
- Remove the tenant's personal property
- Lock the tenant out
- Change the locks
- Shut off utilities (such as water or gas)
Still, no matter what state you live in, if you want to evict a tenant from a rental property, your first step is putting it in writing. You do that with an eviction notice.
RocketLawyer.com allows you to easily create and customize your Eviction Notice and can help you throughout the eviction process. You may also find it helpful to use the Rocket Lawyer Eviction Process Worksheet, which supplies a checklist of items to review when preparing to evict tenants.
If you need more help evicting tenants, it's a good idea to Find a Real Estate Lawyer.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.