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As a landlord, you may use an eviction notice template to inform tenants of your intentions to terminate a lease agreement. Should the tenant fail to correct a lease violation that was the subject of the eviction notice, also called a notice of lease termination, within a specified number of days, the landlord can file an eviction lawsuit. Possible violations of the contract may include a failure to pay rent or damage to the property.
An eviction notice for tenants is an eviction letter from the landlord asking a tenant to address a violation of a rental or lease agreement or to vacate the premises on or before a stipulated date. If the tenant fails to comply with the terms of the notice, the landlord can then file a forcible detainer in court to evict the tenant.
In other instances, the tenancy agreement between the landlord and the tenant is not for a fixed term but is, rather, month to month. In such a case, the landlord can legally issue an eviction notice even if the tenant is not in violation of the agreement.
The eviction process is the same across states, though there may be small areas of variation, such as the number of days for notice. It is essential to check your state laws before drafting eviction notices. Once you ascertain that you have a legal basis for eviction, then you will follow these steps:
The eviction process starts with serving the tenant the appropriate letter of eviction, specifying the reasons and number of days that serve as notice. Should the tenant fail to comply with the requirement, the landlord can proceed to file a forcible detainer in court. The tenant should vacate before or at the end of the notice period for a without-cause termination.
A landlord can file a forcible detainer using the following two forms:
Once the landlord files, the local sheriff’s office or a process server delivers the documents to the tenant. At this point, the tenant should follow the instructions in the summons.
The court will give a hearing date for the forcible detainer. The summons also specifies the time frame during which the tenant should submit his or her statement. If the tenant does not respond or show up for the hearing, the landlord will prevail.
If the tenant responds, then both parties will be heard during a show cause hearing. In the hearing, the tenant should show cause why the court should not grant the landlord a writ for possession of the premises. A tenant can highlight mistakes in the eviction complaint, cite improper service, or demonstrate that the eviction is in bad faith as a defense against eviction.
The landlord should bring all relevant paperwork, including:
Usually, the court rules in favor of the landlord, as the process is a summary procedure giving the tenant a limited time to respond. However, if the court finds that the landlord failed to comply with his or her responsibility as outlined in the rent or lease agreement, the court may rule in favor of the tenant. Should the tenant demonstrate that the eviction is due to taking legal action against the landlord, then the court may decline to issue a writ for possession.
If the tenant refuses to vacate voluntarily after the hearing, the judge will award an eviction order (an order or writ for possession). The law provides the landlord the opportunity to work with local law enforcement to remove the tenant from the property.
Other orders that the court may issue include an agreed order for possession, which works the same as an eviction order, only that the tenant has agreed to it. The types of agreed orders for possession include the following:
In cases where the judge finds that the landlord issued an eviction notice paper without sufficient reasons, the court will seal the proceedings so they will not be accessible to the public.
If the landlord issued the notice for eviction of tenant because of rent arrears, the landlord could opt to dismiss the rent claim with prejudice, giving up the right to collect the rent. If the court dismisses the matter without prejudice, the landlord can still try and collect the amount owed later.
Eviction notice is what helps one to claim and protect the right for a property. If a tenant violates any aspect of a lease or rent agreement, the landlord has the right to regain that power. There are three main types of termination notice with cause, and each of them plays a significant role:
If you didn’t enter into a fixed-term lease with a tenant, you might ask him or her to quit the property even without violating any aspect of the rent or lease agreement. In such circumstances, states require that the landlord give either a 30- or 60-day notice period.
There are many scenarios in which a tenant may have trouble making the agreed rent payments, but after taking reasonable steps to remedy the situation, a landlord may need to take legal action to protect his or her asset and livelihood. A landlord must use an eviction letter to terminate a rental or lease agreement and remove a tenant from his or her property.
The eviction notice should capture the circumstances surrounding the eviction. It should outline how the tenant violated the lease and how the tenant can remedy the situation, depending on its nature. A proper sample eviction notice will include the following:
*Please consider that this is a non-exhaustive list but just a few important points for the notice to include.*
Once you have decided to give your tenant an eviction notice, the type of notice depends on the reason to evict the tenant. The example and outline in this section is for a rental notice.
Provide the tenant’s name, reflecting what is listed in the original lease agreement. Indicate the address and location of the rental property, including the apartment number, room number, and street name that is the subject of the contract.
Cite the name of the original lease agreement with the tenant. State that the eviction is due to the tenant’s being late in making rent payments contrary to the lease agreement. Provide the rent amount due and the date when the rent became due as per the agreement. If the lease agreement provided a fine for late payment, include the total that the tenant should pay, including the fine.
Give the tenant information about how to remedy the error. Inform the tenant of the exact number of days allowed and dates to pay the rent due or face eviction, providing the expected amount and the means for payment.
Search your state law and cite the relevant statute that applies to notice served due to rent arrears. Then double check to see that all details are accurate and sign the notice.
Your process server should provide an affidavit given under oath as evidence that he or she served the eviction notice to the tenant, including his or her name, the service date, and the process server’s signature. In the affidavit, provide the date when the notice is served and the number of days the tenant has to comply.
The rocket builder on Lawrina will help you to streamline the process of creating Eviction Notice and ensure every point is taken into consideration. Just fill in all the gathered information and customize the template based on your needs. Then, get your printable eviction notice in a matter of minutes.
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Strictly speaking, you don’t need a lawyer to evict a tenant. Some states have provided standardized forms and accelerated eviction proceedings to ensure that evictions of undesirable tenants happen timeously.
The process varies significantly by state. A landlord must comply with every step according to the law. A mistake can delay the proceedings and even require the landlord to start the process anew, potentially outweighing attorney fees in lost rental income.
An eviction notice is used when a tenant owes rent. In most states, when tenants are late with the rent, landlords must give tenants an official written notice that they have a specified number of days to pay up or move out.
If the tenants do not comply, the landlord can file for eviction. In some states, landlords must wait a couple of days after the rent is due before giving the tenant notice; some states allow landlords to file for eviction instantly.
In some states, the judge can make an eviction order immediately at the end of the trial. But the court customarily gives the tenant one to four weeks to vacate the property. Thus, the eviction process can take five weeks to three months, assuming no delays.
If there are complications, like an appeal, the process can take up to a year. According to the eviction order, the landlord will have to hire a sheriff or marshal to forcibly evict the tenant if the tenant does not leave the premises. It depends on state laws, the particular eviction, and other factors.