Free Eviction Notice Form Template
An eviction notice form is a legal document issued by a landlord to a tenant that outlines a violation of their responsibilities, such as not paying rent. Some states and violations allow the tenant to “cure” (fix) the issue, while others immediately require the tenant to vacate.
Eviction notices are typically the first step in the process of legally evicting a tenant. They typically include the reason for the eviction and what date they will have to cure the issue or vacate by.
What are possible reasons for eviction?
- The tenant has failed to pay rent. If the tenant has not paid rent, the landlord can use the eviction notice to notify the tenant to pay the rent that is due. If the rent is not paid by a certain date, the tenant must leave the Premises.
- The tenant has violated the lease agreement. If the tenant has violated the lease agreement, the landlord can use the eviction notice to notify the tenant to leave the Premises by a certain date. In some cases, the tenant is also given the option to remedy or correct the violation by a certain time in order to not to be evicted.
- I wish to terminate a month-to-month tenancy. If the current agreement is a month-to-month rental arrangement, the landlord can use the eviction notice to notify the tenant that their month-to-month tenancy will end by a certain date.
- The lease has ended and the tenant has remained on the property (holdover). If the tenant has stayed on the property past their lease end date, the landlord can use this eviction notice to notify the tenant that they must leave the Premises.
The Three-Step Process to Evict a Tenant
The eviction process is the legal process in the state where the property is located that allows a landlord or property management company to force the tenant to vacate the property. The path from a signed lease agreement to an eviction notice varies and consists of various disputes between landlord and tenant.
After an eviction notice is issued and if the tenant doesn’t meet the requests in it, the eviction process proceeds as follows:
1. A complaint is filed in court
- The landlord files the complaint and the court sets a date for the hearing. Depending on where the property is located, you may be required to file the complaint in housing court or you may use the district court. Next, the tenant is served a summons along with a copy of the complaint filed with the court. The tenant can either respond to the summons, agree to vacate, or contest the eviction and appear in court.
2. Court appearance
- If the tenant decides to contest the eviction, both the landlord and tenant appear in court and argue their case in front of a judge.
3. Judge rules on eviction
- The presiding judge can either rule in favor of the landlord and confirm the eviction or in favor of the tenant.
- If the judge rules in favor of the landlord, the tenant must vacate by the assigned date. Failure to do so means the sheriff will escort them from the property and the locks may be changed by the landlord to prevent the tenant from re-entering the premises.
- If the judge rules in favor of the tenant, the tenant stays in the residence.
What happens if I do not send a notice properly?
If a Landlord does not strictly follow the proper procedures, the Tenant can challenge the eviction process on a technicality and force the Landlord to re-start the whole process.
For example, if the Landlord was required to give a 10-day notice but only gives a 3-day notice, the Tenant may be able to claim that you violated their right to due process. A Landlord should consult their local housing laws and carefully follow the strict steps needed to evict a tenant properly.
What Should be Included in the Eviction Notice?
An eviction notice should answer: 1. Who 2. Why 3. Where 4. What 5. When
1. Who this applies to
- The Tenant’s Name and Address
- The Landlord’s Name and Address
2. Why there is a reason for an eviction
- Failure to Pay Rent
- Lease Violation
- Month to Month Tenancy Ended
- Lease Expired (i.e., Holdover Tenant)
3. Where the eviction is occurring
- The “Address” or the “Premises”
4. What should be done to fix the problem
- The Name and Date of the original Lease Agreement
- A reference to the Lease about how the Tenant can fulfill their promise
- The notice is in effect (the “Notice Date”)
- The Tenant must pay rent or leave the Premises by a certain date (“Deadline”)
How long does it take to evict someone?
It usually takes 1 to 3 months to evict someone. The length of the eviction process depends on state laws — some states only require landlords to send a 3-day notice to quit, but others require 30 or more days notice.