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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.
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 eviction letter sample, 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.
Upon receiving an eviction letter example, the tenant will have a specified number of days to remedy the violation or vacate the leased premises per state law.
Landlords may choose from several types of eviction notice forms depending on the reasons for evicting their tenants. The three main types of eviction notice examples 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 violation, illegal activities, 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 warning letter template includes a notice without cause when a landlord wants the tenant to leave for reasons other than the tenant's lease violation. Note that in many US states, landlords cannot evict a tenant without except non-renewal of the lease and may have to pay damages to the tenant.
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 an eviction notice to ask the tenant to cure 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.
Letters of eviction are legal documents 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 letter format shall include (but is not limited to) the following information:
*This is a non-exhaustive list but just a few important points for the downloadable eviction notice to include.*
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 pay or quit 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 unconditional quit notice template 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.
The most common reasons for evicting a tenant include:
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.
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 due to various reasons or cure the default before eviction as well as the reference to applicable state laws.
Nonpayment of Rent: 7 days
The Tenant has pets, long-term guests, has damaged the property, or is using the property commercially: 7 days
The Tenant lied on their rental application or is conducting illegal activities: 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).
End of / No Lease: 30 days
State Law: Ala. Code § 35-9A-421
Nonpayment of Rent: 7 days
Nonpayment of utilities: 5 days
Illegal activity: 5 days
Repeating the same or similar lease violation during 6 months: 5 days
State Law: Alaska Stat. §§ 09.45.090, 34.03.220
Nonpayment of Rent: 5 days
Health/Safety Violation: 5 days
Falsifying basic information on rental application: 10 days
Repetitive Conduct: 10 days
Illegal Activity: Immediately
End of / No Lease: 30 days
State Law: Ariz. Rev. Stat. Ann. § 33-1368
Nonpayment of Rent: 3 days
Illegal Activity: Immediately
End of / No Lease: 30 days
State Law: Ark. Stat. §§ 18-16-101,18-17-701
Nonpayment of Rent: 3 days
Illegal Activity: 3 days
Damage to the Property: 3 days
End of / No Lease: 30–90 days, depending on the Lease duration
State Law: Cal. Civ. Proc. Code Part 3, Title 3, Chapter 4 § 1161
Nonpayment of Rent: 3–10 days
Lease Violation: 3–10 days
Illegal Activity: 3 days
End of / No Lease: 1–91 days, depending on the Lease duration
State Law: Colo. Rev. Stat. §§ 13-40-104, 13-40-107.5
Nonpayment of Rent: 3 days
Lease Violation: 15 days
Illegal Activity / Repeat Lease Violation: 3 days
End of / No lease: 30 days
State Law: Conn. Gen. Stat. Ann. §§ 47a-23
Nonpayment of Rent: 5 days
Irreparable Harm: Immediately
Lease Violation: 7 days
Repeat Lease Violation: 7 days
Violating Local or State Laws: 7 days
End of / No Lease: 60 days
State Law: Del. Code Ann. tit. 25, §§ 5501(d), 5502, 5513
Nonpayment of Rent: 3 days
State Law: Fla. Stat. Ann. § 83.56
Oral eviction notice is sufficient.
Nonpayment of Rent: 7 days
End of / No Lease: 60 days
State Law: Ga. Code Ann. §§ 44-7-50, 44-7-52
Nonpayment of Rent: 5 days
Lease Violation: 10 days
Illegal Activity: Immediately
End of / No Lease: 10–45 days, depending on the type of Lease
State Law: Haw. Rev. Stat. §§ 521-68, 521-69
Nonpayment of Rent: 3 days
Lease Violation: 3 days
Illegal Activity: 3 days
End of / No Lease: 30 days
State Law: Idaho Code § 6-303(2)
Nonpayment of Rent: 5 days
Lease Violation: 10 days (14 days in Chicago)
Illegal Activity: 5 days
End of / No Lease: 7–60 days, depending on the type of Lease
State Law: Ill. Comp. Stat. § 5/9-209
Nonpayment of Rent: 10 days
Lease Violation: 10 days
Illegal Activity: 45 days
End of / No Lease: 30–90 days, dependong on the Lease duration
State Law: Ind. Code Ann. §§ 32-31-1-6, 32-31-7-7
Nonpayment of Rent: 3 days
Lease Violation: 7 days
Repeat Lease Violation: 7 days
Illegal Activity: 3 days
End of / No Lease: 10–30 days, depending on the type of Lease
State Law: Iowa Code §§ 562A.27, 562A.34
Nonpayment of Rent: 3 days
Illegal Activity: 3 days
Lease Violation: 30 days
Repeat Lease Violation: 30 days
End of / No Lease: 7–30 days, depending on the type of Lease
State Law: Kan. Stat. Ann. §§ 58-2507, 58-2508, 58-2564(b), 58-2570
Nonpayment of Rent: 7 days
Illegal Activity: 14 days
Lease Violation: 14 days
End of / No Lease: 7–30 days, depending on the type of Lease
State Law: Ky. Rev. Stat. Ann. §§ 383.660(2)
Nonpayment of Rent: 5–20 days, depending on the form of the notice, oral or verbal.
Lease Violation: 5 days
End of / No Lease: 5–30 days, depending on the type of Lease
State Law: La. Civ. Proc. Code Ann. art. 4701
Nonpayment of Rent: 7 days
Illegal Activity: 7 days
Lease Violation: 7 days
End of / No Lease: 7–30 days, depending on the type of lease
State Law: Me. Rev. Stat. Ann. tit. 14, § 6002
Nonpayment of Rent: 10 days
Illegal Activity: 14 days
Imminent Threat / Serious Harm: 14 days
Lease Violation: 30 days
End of / No Lease: 7–90 days, depending on the type of Lease
State Law: Md. Code Ann. [Real Prop.], §§ 8-401, 8-402-1
Nonpayment of Rent: 14 days
Illegal Activity: 7 days
Lease Violation: 7 days
End of / No Lease: 30–90 days, depending on the type of Lease
State Law: Mass. Gen. Laws ch. 186, §§ 11, 11A, 12
Nonpayment of Rent: 7 days
Damage to the Property: 7 days
Health Hazard: 7 days
Illegal Activity: 24 hours
Lease Violation: 30 days
End of / No Lease: 30 days, dependong on the Lease type
State Law: Mich. Comp. Laws § 554.134(2)
Nonpayment of Rent: 14 days or immediately, depends on the type of Lease
Destruction of Premises: Immediately
Illegal Activity: Immediately
Lease Violation: Immediately
End of / No Lease: 7–30 days, depending on the type of lease
State Law: Minn. Stat. Ann. §§ 504B.135, 504B.291
Nonpayment of Rent: 3 days
Lease Violation: 14 days
End of / No Lease: 7–30 days
State Law: Miss. Code Ann. §§ 89-7-27, 89-7-45
Nonpayment of Rent: Immediately
Criminal Activity: 5 days
Illegal Activity: 10 days
Lease Violation: 10 days
End of / No Lease: 30–60 days, depending on the type of Lease
State Law: Mo. Rev. Stat. §§ 535.020, 441-060
Nonpayment of Rent: 3 days
Illegal Activity: 3 days
Verbally Abusing the Landlord: 3 days
Unauthorized persons / Pets on the Premises: 3 days
Lease Violation: 14 days
Repeat Lease Violation: 5 days
End of / No Lease: 7–30 days, depending on the type of Lease
State Law: Mont. Code Ann. § 70-24-422(2)
Nonpayment of Rent: 7 days
Illegal Activity: 5 days
Lease Violation: 30 days
Repeat Lease Violation: 14 days
End of / No Lease: 7–30 days, depending on the type of Lease
State Law: Neb. Rev. Stat. § 76-1431
Nonpayment of Rent: 4–45 days, depending on the type of Lease
Illegal Activity: 3 days
Lease Violation: 5 days
End of / No Lease: 5–30 days, depending on the type of Lease
State Law: Nev. Rev. Stat. Ann. §§ 40.2512, 40.253
Nonpayment of Rent: 7 days
Illegal Activity: 7 days
Major Property Damage: 7 days
Refusal to comply with maintenance: 30 days
Lease Violation: 30 days
Breach of the Rental Contract: 30 days
State Law: N.H. Rev. Stat. Ann. §§ 540:2, 540:3, 540:9
Nonpayment of Rent: Immediately
Illegal Activity: 3 days
Major Property Damage: 3 days
Disorderly Conduct: 3 days
Lease Violation: 30 days
Health / Safety Violations: 3 months
Discontinued Use of the Rental Property: 18 months
End of / No Lease: 7–90 days
State Law: N.J. Stat. Ann. §§ 2A:18-53, 2A:18-61.1, 2A:18-61.2, 2A:42-9
Nonpayment of Rent: 3 days
Illegal Activity: 3 days
Health / Safety Violation: 7 days
Lease Violation: 7 days
End of / No Lease: 7–30 days, depending on the type of Lease
State Law: N.M. Stat. Ann. § 47-8-33(D), 47-8-37
Nonpayment of Rent: 14 days
Nonpayment of Taxes: 3 days
Illegal Activity: No statute
Lease Violation: 10 days
End of / No Lease: 15–30 days, depending on the type of Lease
State Law: N.Y. Real Prop. Law § 235-e(d); N.Y. Real Prop. Acts. Law § 711(2)
Nonpayment of Rent: 10 days
Illegal Activity: No statute
Lease Violation: No statute
End of / No Lease: 2–31 days, depending on the type of Lease
State Law: N.C. Gen. Stat. §§ 42-3, 42-14, 42-26
Nonpayment of Rent: 3 days
Damage to the Property: 3 days
Illegal Activity: 3 days
Lease Violation: 3 days
End of / No Lease: 30 days
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
Nonpayment of Rent: 3 days
Illegal Activity: 3 days
Material Health / Safety Violation: 30 days
Lease Violation: 3 days
End of / No Lease: 7–30 days, depending on the type of Lease
State Law: Ohio Rev. Code Ann. § 1923.02
Nonpayment of Rent: 5 days
Illegal Activity: Immediately
Lease Violation: 15 days
End of / No Lease: 7–30 days, depending on the type of Lease
State Law: Okla. Stat. Ann. tit. 41, §§ 131, 132
Nonpayment of Rent: 3–6 days, depending on the type of Lease
Illegal Activity: 24 hours
Providing False Information: 24 hours
Unpermitted pet: from 24 hours to 20 days, depending on the damage caused by the pet
Drug/Alcohol-Free Housing Violation: 48 hours
Lease Violation: 7–30 days, depending on the type of Lease
End of / No Lease: 10–30 days, depending on the type of Lease
State Law: Or. Rev. Stat. Ann. §§ 90.394(2)(a), 90.392
Nonpayment of Rent: 10 days
Illegal Activity: 10 days
Lease Violation: 15–30 days, depending on the type of Lease
End of / No Lease: 15–30 days, depending on the type of Lease
State Law: 68 Pa. Cons. Stat. Ann. § 250.501(b)
Nonpayment of Rent: 5 days
Illegal Activity: Immediately
Lease Violation: 20 days
End of / No Lease: 10–90 days, depending on the type of Lease
State Law: R.I. Gen. Laws § 34-18-35, 34-18-36, 34-18-37
Nonpayment of Rent: 5 days
Illegal Activity: Immediately
Lease Violation: 14 days
End of / No Lease: 7–30 days, depending on the type of Lease
State Law: S.C. Code Ann. §§ 27-37-10(B), 27-40-710(B)
Nonpayment of Rent: 3 days
Lease Violation: Immediately
Sale of the Rental Property: 3 days
End of / No Lease: 7–31 days, depending on the type of Lease
State Law: S.D. Codified Laws §§ 21-16-1(4), 21-16-2, 43-32-18, 43-32-15
Nonpayment of Rent: 14 days
Illegal Activity: 3 days
Health / Safety Violation: 3 days
Curable Lease Violation: 14 days
Incurable Lease Violation: 30 days
Subsequent Violation: 7 days
End of / No Lease: 10–30 days
State Law: Tenn. Code Ann. § 66-28-505
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
Nonpayment of Rent: 3 days
Illegal Activity: 3 days
Lease Violation: 3 days
Subleasing: 3 days
End of / No Lease: 5–15 days, depending on the type of Lease
Breach of the Rental Contract: 3 days
State Law: Utah Code Ann. § 78B-6-802
Nonpayment of Rent: 14 days
Illegal Activity: 14 days
Lease Violation: 30 days
Sale of the Rental Property: 30 days
End of / No Lease: 7–90 days, depending on the type of Lease
State Law: Vt. Stat. Ann. tit. 9, § 4467(a)
Nonpayment of Rent: 5 days
Illegal Activity: Immediately
Lease Violation: 30 days
End of / No Lease: 7–30 days, depending on the type of Lease
State Law: Va. Code Ann. §§ 55.1-1245, 55.1-1250, 55-225, 55-222, 55-239
Nonpayment of Rent: 14 days
Illegal Activity: Immediately
Curable Lease Violation: 10 days
Incurable Lease Violation: 3 days
End of / No Lease: 20 days
State Law: Wash. Rev. Code Ann. §§ 59.12.030(3), 59.18.057, 59.18.650
Nonpayment of Rent: Immediately
Lease Violation: Immediately
End of / No Lease: 7–90 days, depending on the type of Lease
Breach of the Rental Contract: The landlord can immediately provide an eviction notice.
State Law: W.Va. Code § 55-3A-1
Nonpayment of Rent: 5 days.
Illegal Activity: 5 days
Lease Violation: 5–30 days, depending on the type of Lease
End of / No Lease: 7–28 days
State Law: Wis. Stat. Ann. §§ 704.17, 704.19
Nonpayment of Rent: 3 days
Lease Violation: 3 days
End of / No Lease: 30 days
State Law: Wyo. Stat. Ann. §§ 1-21-1002 to 1-21-1003
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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.
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:
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.