Landlords who need to legally remove tenants from their property can use standard templates for eviction notices matching their case. The type of eviction notice template will depend on the reason for eviction and whether the tenant can cure the violation and stay in the rental unit. A printable pdf template includes standard language and serves as an outline for actual notice, which should contain the specific reason for eviction, the timeframe for the tenant to comply with, and other details described below.
Eviction Notice
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An eviction notice is an eviction letter from the landlord asking a tenant to address a violation of a rental or lease agreement or vacate the premise 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. Use this eviction notice template to terminate the lease or rent agreement without conflicts.
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Template Description
What Is an Eviction Notice?
An eviction notice, also known as the notice to quit or the notice to vacate, is the legal document landlords use to ask tenants to correct a violation of the lease agreement or to vacate a rental property. After the expiry of the period, specified in the notice, the landlord can file a lawsuit to evict the tenant should the latter fail to correct the violation or move out of the rental unit.
Insight
Upon receiving an eviction notice, the tenant will have a specified number of days to remedy the violation or vacate the leased premises per state law.
Parties of the Eviction Notice
- Landlord –– the owner of a property (such as land, a house, or an apartment) who leases or rents it out to another person to use.
- Tenant –– a person who pays rent or has agreed to pay rent to live somewhere. This applies even if someone uses only a portion of a house or apartment.
Key Terms
- Eviction — An eviction occurs when a court orders a tenant to be removed from a property.
- Reasons for eviction — When a landlord decides to evict a tenant, the reasons for eviction can be nonpayment of rent, damages, illegal activity, or violation of lease terms.
- Eviction process — An eviction process usually begins when the landlord provides the tenant with a notice asking the tenant to correct certain issues.
- Eviction proceedings — The landlord may initiate eviction proceedings through a court if the tenant fails to provide a remedy.
- Eviction judgment — Judges consider testimony and evidence before deciding whether to issue a judgment to evict a tenant.
What Are the Different Types of Eviction Notice Forms?
Landlords may choose from several types of eviction notice forms depending on the reasons for evicting their tenants. The three main types of eviction notices include:
Pay or vacate (aka pay or quit) notice. Landlords send pay or vacate notices to delinquent tenants who do not pay their rent on time. The tenants have to pay the rent within the period specified in the notice or move out of the unit.
Cure or vacate notice. Landlords use these notices to ask tenants to address a violation of the lease agreement, such as damage to the rental unit or bringing in an authorized occupant. If the tenant fails to cure the offense, the landlord can file a lawsuit for eviction.
Unconditional quit notice. Landlords can use this type of notice in a limited number of cases involving incurable lease violations or repeated breaches. Examples include tenant's engaging in illegal activities on the premises, causing significant damage to the property or repeated late or nonpayment of rent.
The other type of eviction notice includes a notice without cause when a landlord wants the tenant to leave for reasons other than the tenant's lease violation. Note that landlords cannot evict a tenant without cause in many states and may have to pay damages to the tenant.
What Is the Eviction Process?
The eviction process is the same across all states, though there may be small variations, such as the number of days for notice. It is essential to check your state laws before drafting an eviction notice. Once you ascertain that you have a legal basis for eviction, then the following steps can occur:
1. Preparing and Filing the Eviction Notice Form
The eviction process starts with serving the tenant the appropriate letter of eviction, specifying the reasons and number of days to comply. Should the tenant fail to comply with the required remedy, 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:
Eviction complaint, which initiates the eviction case; and
Summons, informing the tenant about the eviction case.
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.
2. Attending the Court Hearing
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 generally win the case.
If the tenant responds, then both parties will be heard by the court. During the hearing, the tenant should show cause why the court should not grant the landlord a writ for possession of the premises. As a defense against eviction, a tenant can highlight mistakes in the eviction complaint, cite improper service, or demonstrate that the eviction is in bad faith.
The landlord should bring all relevant paperwork, including:
Correspondence with the tenant — text messages, emails, or phone call records;
Checks from the tenant that bounced;
A copy of the lease or rent agreement;
A copy of the eviction notice;
Proof of receipt of eviction complaint; and
A record of payments.
3. Issuing the Judgment
Usually, the court rules in favor of the landlord, as the process is a summary procedure giving the tenant a limited time to respond.
Warning
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, 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.
4. Other Steps
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:
Agreed to move out and compliance status — At this point, the court issues a move-out date with a follow-up court date. If the tenant complies, the court dismisses the matter without judgment. Should the tenant not comply, the court will issue an order for possession.
Dismissal with leave to reinstate — A leave or reinstate order means that the court dismisses the case but maintains a possibility of reinstating if either party fails to follow through with the agreement.
Pay and stay agreement — This agreed order allows the tenant to stay on the property, subject to complying with a payment plan.
In cases where the judge finds that the landlord issued an eviction notice 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 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 attempt to collect the amount owed later.
Why Is an Eviction Notice Important?
Even though the landlord may own the rental unit, the law doesn't allow landlords to take their own measures to force tenants to leave. Instead, the landlord should use the eviction notice to ask the tenant to correct the violation or vacate the property after the date specified in the notice. The landlord cannot force the tenant to leave even after the expiry of the period specified in the notice and has to file a lawsuit to proceed with the eviction.
Specifically, the landlord cannot intimidate or harass the tenant, physically remove the tenant from the property, remove the entrance door or windows, shut off electricity or gas, or take other self-help eviction measures. The landlord is required to follow a legal procedure for eviction which starts with sending the eviction notice.
As such, the eviction notice serves two main purposes. First, it informs the tenant that the landlord will take legal steps should the nonpayment or other lease agreement violation continue. Second, it starts the countdown of days until the tenant must cure the violation, leave the property or face a lawsuit for eviction. Following all the technicalities for drafting and serving the notice is essential to avoid the tenant challenging the claim because the legal procedure was not observed.
Insight
Depending on the state in which the rental property is located, the landlord may need to provide up to thirty days’ notice to tenants of the pending eviction. But some states allow the landlord to proceed with eviction immediately without prior written notice.
What Should a Landlord Include in the Eviction Notice Letter?
The eviction notice is a legal document that must include specific information related to a rental unit, the nature of the lease agreement violation, the timeframe for addressing the issues specified in the notice, and other details. An absence of any of these elements can allow the tenant to challenge the eviction procedure and make the landlord restart the process.
Specifically, the eviction notice letter shall include (but is not limited to) the following information:
- Date of the notice. The eviction notice should specify the date when the notice was issued. Meanwhile, the countdown of the days to cure or vacate starts from the date the notice was delivered or "served" on the tenant.
- Name (s) of the tenant(s). The notice should be addressed to the tenants who signed the lease agreement and include their names, exactly matching the spelling in the lease agreement.
- Description of the lease agreement violation (for eviction notice for cause). The eviction notice should describe the nature of the breach of the lease, for example, nonpayment of rent, damage to the property, or other lease agreement violations.
- Address of the property. The eviction notice should specify the full address of the property, including the building number and the street name, the number of the rental unit, city, state, and zip code.
- Duration of the notice. The notice should define the days to correct the violation and state when the lease agreement will be terminated if the tenant does not cure the default.
*This is a non-exhaustive list but just a few important points for the notice to include.*
How To Write an Eviction Notice
Once you have decided to give your tenant an eviction notice, the type of notice depends on the reason for evicting the tenant. The example and outline below is for a rental notice.
- Fill out tenant information and property address
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. - Enter lease agreement and late rent details
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. - Tell the tenant how to pay the late rent
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 of payment. - Reference state statutes and sign notice
Search your state’s law and cite the relevant statute that applies to notice served due to rent arrears. Double-check to see that all details are accurate, and sign the notice. - Provide proof of service information
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.
When Do You Need an Eviction Notice?
As the name suggests, the landlord needs an eviction notice anytime they require the tenant to correct the lease violation or quit the rental unit. The landlords also need an eviction notice in cases where they want to remove a tenant from the property due to incurable violations, such as significant damage to the unit, or repeated violations, for example, systematic delays in paying rent.
Common Use Cases
The most common reasons for evicting a tenant include:
- Non-payment of rent;
- Not paying the rent in full;
- Persistent late payment of rent;
- Causing damage to the rental property;
- Illegal activity;
- Impairing the safety of others;
- Interfering with the reasonable enjoyment of other tenants or the landlord;
- Overcrowding the rental unit;
- Unauthorized occupant;
- Personal use by purchaser;
- Personal use by the landlord;
- To conduct major repairs or renovations;
- To demolish the rental unit or home.
When Not To Use the Eviction Notice
In most situations, landlords need a "good" or "just cause" to evict the tenant. The typical "just causes" include nonpayment of rent or damage to the property. State legislation may also set out other "just causes" which constitute the grounds for eviction. In each such case, landlords can start evicting the tenant by issuing the notice to quit.
Meanwhile, in most states, landlords cannot issue an eviction notice in the absence of tenant's wrongful acts or "just cause" before the expiry of the lease. Moreover, landlords may be required to pay damages to tenants if they try to evict without cause.
State Law
Each state has its legislation regarding tenant eviction. The applicable regulations include the list of "just causes" for removing the tenant, requirements for serving the termination notice, and other provisions.
In addition, various states set different timeframes for an eviction notice. The below table includes the number of days for the tenant to pay the delinquent rent or cure the default before eviction as well as the reference to applicable state laws.
State Law
Alabama
Nonpayment of Rent: 7 days
Breach of the Rental Contract: 14 days (the rental agreement may be terminated upon a date not less than 7 business days after receipt of the notice).
State Law: Ala. Code § 35-9A-421
State Law
Alaska
Nonpayment of Rent: 7 days
Breach of the Rental Contract: 7 days
State Law: Alaska Stat. §§ 09.45.090, 34.03.220
State Law
Arizona
Nonpayment of Rent: 5 days
Breach of the Rental Contract: 10 days or an immediate termination of the rental agreement in case of an irreparable material breach.
State Law: Ariz. Rev. Stat. Ann. § 33-1368
State Law
Arkansas
Nonpayment of Rent: 5 days
Breach of the Rental Contract: 14 days after receipt of the notice.
State Law: Ark. Stat. §§ 18-16-101,18-17-701
State Law
California
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 3 days
State Law: Cal. Civ. Proc. Code Part 3, Title 3, Chapter 4 § 1161
State Law
Colorado
Nonpayment of Rent: 10 days
Breach of the Rental Contract: 3 days
State Law: Colo. Rev. Stat. §§ 13-40-104, 13-40-107.5
State Law
Connecticut
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 3 days
State Law: Conn. Gen. Stat. Ann. §§ 47a-23
State Law
Delaware
Nonpayment of Rent: 5 days
Breach of the Rental Contract: 7 days
State Law: Del. Code Ann. tit. 25, §§ 5501(d), 5502, 5513
State Law
Florida
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 7 days
State Law: Fla. Stat. Ann. § 83.56
State Law
Georgia
Nonpayment of Rent: 7 days
Breach of the Rental Contract: No legislation
State Law: Ga. Code Ann. §§ 44-7-50, 44-7-52
State Law
Hawaii
Nonpayment of Rent: 15 days
Breach of the Rental Contract: 10 days for improper use of the premises, tenant’s waste, failure to maintain, or unlawful use.
State Law: Haw. Rev. Stat. §§ 521-68, 521-69
State Law
Idaho
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 3 days
State Law: Idaho Code § 6-303(2)
State Law
Illinois
Nonpayment of Rent: 5 days
Breach of the Rental Contract: 10 days
State Law: Ill. Comp. Stat. § 5/9-209
State Law
Indiana
Nonpayment of Rent: 10 days
Breach of the Rental Contract: Reasonable time to remedy the noncompliance by the tenant.
State Law: Ind. Code Ann. §§ 32-31-1-6, 32-31-7-7
State Law
Iowa
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 7 days
State Law: Iowa Code §§ 562A.27, 562A.34
State Law
Kansas
Nonpayment of Rent: 10 days for a three-month tenancy or longer;
3 days for a tenancy less than three months.
Breach of the Rental Contract: 14 days
State Law: Kan. Stat. Ann. §§ 58-2507, 58-2508, 58-2564(b), 58-2570
State Law
Kentucky
Nonpayment of Rent: 7 days
Breach of the Rental Contract: 14 days
State Law: Ky. Rev. Stat. Ann. §§ 383.660(2)
State Law
Louisiana
Nonpayment of Rent: 5 days
Breach of the Rental Contract: Reasonable time to remedy the noncompliance by the tenant.
State Law: La. Civ. Proc. Code Ann. art. 4701
State Law
Maine
Nonpayment of Rent: 7 days
Breach of the Rental Contract: 7 days
State Law: Me. Rev. Stat. Ann. tit. 14, § 6002
State Law
Maryland
Nonpayment of Rent: 10 days
Breach of the Rental Contract: 30 days
State Law: Md. Code Ann. [Real Prop.], §§ 8-401, 8-402-1
State Law
Massachusetts
Nonpayment of Rent: 14 days
Breach of the Rental Contract: 30 days
State Law: Mass. Gen. Laws ch. 186, §§ 11, 11A, 12
State Law
Michigan
Nonpayment of Rent: 7 days
Breach of the Rental Contract: 7 days (24 hours in certain cases)
State Law: Mich. Comp. Laws § 554.134(2)
State Law
Minnesota
Nonpayment of Rent: 14 days
Breach of the Rental Contract: No legislation.
State Law: Minn. Stat. Ann. §§ 504B.135, 504B.291
State Law
Mississipppi
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 30 days
State Law: Miss. Code Ann. §§ 89-7-27, 89-7-45
State Law
Missouri
Nonpayment of Rent: A procedure of filing a statement with any associate circuit judge in the county of property is stipulated, given that the prior notice as specified in § 441.060 is not required.
Breach of the Rental Contract: 10 days
State Law: Mo. Rev. Stat. §§ 535.020, 441-060
State Law
Montana
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 14 days (3 days in certain cases)
State Law: Mont. Code Ann. § 70-24-422(2)
State Law
Nebraska
Nonpayment of Rent: 7 days
Breach of the Rental Contract: 14 days
State Law: Neb. Rev. Stat. § 76-1431
State Law
Nevada
Nonpayment of Rent: 5 days (for commercial premises); 7 days (for other than commercial premises).
Breach of the Rental Contract: 5 days
State Law: Nev. Rev. Stat. Ann. §§ 40.2512, 40.253
State Law
New Hampshire
Nonpayment of Rent: 7 days
Breach of the Rental Contract: 30 days
State Law: N.H. Rev. Stat. Ann. §§ 540:2, 540:3, 540:9
State Law
New Jersey
Nonpayment of Rent: 30-day notice prior to the institution of the action for possession.
Breach of the Rental Contract: Reasonable time to fix the damage made to the property.
State Law: N.J. Stat. Ann. §§ 2A:18-53, 2A:18-61.1, 2A:18-61.2, 2A:42-9
State Law
New Mexico
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 7 days
State Law: N.M. Stat. Ann. § 47-8-33(D), 47-8-37
State Law
New York
Nonpayment of Rent: 14 days
Breach of the Rental Contract: 30 days
State Law: N.Y. Real Prop. Law § 235-e(d); N.Y. Real Prop. Acts. Law § 711(2)
State Law
North Carolina
Nonpayment of Rent: 10 days
Breach of the Rental Contract: The landlord can immediately provide an eviction notice only in certain cases as specified in N.C. Gen. Stat. § 42-26.
State Law: N.C. Gen. Stat. §§ 42-3, 42-14, 42-26
State Law
North Dakota
Nonpayment of Rent: 3 days and no more than 15 days from the date on which the summon of a proper district court is issued.
Breach of the Rental Contract: 3 days and no more than 15 days from the date on which the summon of a proper district court is issued.
State Law: N.D. Cent. Code § 47-32
State Law
Ohio
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 3 days
State Law: Ohio Rev. Code Ann. § 1923.02
State Law
Oklahoma
Nonpayment of Rent: 5 days
Breach of the Rental Contract: 15 days
State Law: Okla. Stat. Ann. tit. 41, §§ 131, 132
State Law
Oregon
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 14 days
State Law: Or. Rev. Stat. Ann. §§ 90.394(2)(a), 90.392
State Law
Pennsylvania
Nonpayment of Rent: 10 days
Breach of the Rental Contract: 15 days
State Law: 68 Pa. Cons. Stat. Ann. § 250.501(b)
State Law
Rhode Island
Nonpayment of Rent: 5 days
Breach of the Rental Contract: 20 days
State Law: R.I. Gen. Laws § 34-18-35, 34-18-36, 34-18-37
State Law
South Carolina
Nonpayment of Rent: 5 days
Breach of the Rental Contract: 14 days
State Law: S.C. Code Ann. §§ 27-37-10(B), 27-40-710(B)
State Law
South Dakota
Nonpayment of Rent: 3 days
Breach of the Rental Contract: Reasonable time to fix the damage made to the property.
State Law: S.D. Codified Laws §§ 21-16-1(4), 21-16-2, 43-32-18, 43-32-15
State Law
Tennessee
Nonpayment of Rent: 14 days
Breach of the Rental Contract: 14 days
State Law: Tenn. Code Ann. § 66-28-505
State Law
Texas
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 3 days or other term for certain tenancies as specified in § 91.001.
State Law: Tex. Prop. Code Ann. §§ 24.005, 91.001
State Law
Utah
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 3 days
State Law: Utah Code Ann. § 78B-6-802
State Law
Vermont
Nonpayment of Rent: 14 days
Breach of the Rental Contract: 30 days (14 days when termination is based on criminal activity, illegal drug activity, or acts of violence).
State Law: Vt. Stat. Ann. tit. 9, § 4467(a)
State Law
Virginia
Nonpayment of Rent: 5 days
Breach of the Rental Contract: 30 days
State Law: Va. Code Ann. §§ 55.1-1245, 55.1-1250, 55-225, 55-222, 55-239
State Law
Washington
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 10 days
State Law: Wash. Rev. Code Ann. §§ 59.12.030(3), 59.18.057, 59.18.650
State Law
West Virginia
Nonpayment of Rent: The landlord can immediately provide an eviction notice without the right to cure the lease breach.
Breach of the Rental Contract: The landlord can immediately provide an eviction notice.
State Law: W.Va. Code § 55-3A-1
State Law
Wisconsin
Nonpayment of Rent: 5 days (30 days in case of lease for over a year).
Breach of the Rental Contract: 5 days (30 days in case of lease for over a year).
State Law: Wis. Stat. Ann. §§ 704.17, 704.19
State Law
Wyoming
Nonpayment of Rent: 3 days
Breach of the Rental Contract: 3 days
State Law: Wyo. Stat. Ann. §§ 1-21-1002 to 1-21-1003
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Frequently Asked Questions
Do I have to hire an attorney to evict someone?
There is no legal requirement to hire an attorney to evict a tenant. Many states have standardized templates for eviction notices and clear requirements which landlords must follow to remove a defaulting tenant.
At the same time, landlords must strictly comply with every requirement for removing a tenant. Failure to do so can allow tenants to argue that the eviction notice didn't contain the necessary information or that it was not properly served, or both, which can result in delays in eviction, losing rental income, and incurring other costs. Having an experienced attorney on the landlord's side ensures that all requirements are observed to have the upper hand in court if the tenant doesn't leave after the expiry of the eviction notice.
When can I write an eviction notice?
In most cases, a landlord can issue an eviction notice immediately when they become aware of the lease agreement violation. The typical situations for serving an eviction notice upon a tenant include:
- Failure to pay rent;
- Delays in paying rent;
- Damage to the rental unit;
- Unauthorized sublet;
- Bringing in an unauthorized occupant or pet;
- Other violations of the terms of the lease agreement.
How long does it take to evict someone?
The eviction process can take anywhere from several days to weeks or even months, depending on how long landlords must give the tenant to pay delinquent rent or cure the violation as specified in the state law. It would also depend on whether the tenant vacates the rental unit after the expiry of the eviction notice or whether the landlord has to file an eviction case.
If the tenant doesn't cure the violation or move out, the landlord must commence an eviction lawsuit. If the court rules in favor of the landlord, the judge can make an eviction order immediately or give the tenant one to four weeks to leave the property, depending on state law.
The tenant can appeal the eviction order or move out at that stage. If the tenant does not leave after the eviction, the landlord can ask for a writ of possession after the appeal date is passed and have an enforcement officer remove the tenant.