How to write an Eviction Notice?

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An eviction notice, simply put is the notice to vacate a property in lieu of non-payment of rent or any other violation of the lease of terms or terms of the agreement. The property can be in the form of room, flat, floor, shop, a plot of land etc. Eviction notices are commonly used by landlords/owners to their tenants for breaking the terms of lease agreement. These terms can be a failure to pay rent on time or not at all, using the premises for illegal or purposes not covered in the agreement, the landlord requires the property for some other purposes etc. An eviction notice is often presented as a legal document.

The specific definition of Eviction Notice is - A written notice to a tenant to vacate the leased premises within a specified time for infractions of the lease or other specified causes (todayshouse.com). Ending the actual tenancy is a prerequisite before the actual eviction and an Eviction notice itself is one of the means to end the tenancy. Because of the legality of the eviction notice, it has to follow the tenancy/eviction laws of a particular jurisdiction. Consult your lawyer, legal expert or legal aid free of cost, if offered or provided by the local authority. If the eviction notice is incorrect or lacks information, eviction cannot be initiated and one has to start over again. The purpose of an eviction notice is like other notices, to inform; informative warning related to a legal process of eviction if the grievance is not resolved. An eviction notice doesn’t mean the actual eviction rather it is the first step to initiate one. Mostly, without a court order, a landlord cannot evict the tenant. It is important to know the tenancy or eviction laws of your state before writing an eviction notice. Below are some basic guidelines to help you write one; these are basics whilst writing eviction notices. If not anything you are gaining important and relevant information regarding Eviction Notices.

Instructions for writing an Eviction Notice

  • Mention serious, valid, legitimate reason for issuing such a notice. For example – Rent Pending, Rent Never Paid, Violation of Terms of Agreement etc. Mention all the details with Reference to the Agreement and include important dates and time of the beginning of tenancy and non-payment of rent. This is mandatory as per the law. Pen down all the Timelines.
  • The other important legal requirement is to guide the tenant on fixing the impending action. It should clearly mention ‘How a tenant can resolve the issue within the stipulated time and How the tenant is legally bound to do so?’
  •  An eviction notice should mention a certain period of grace time or period before the actual eviction. Example 3 to 30 days or before the opposing parties can come to an agreement.
  • An eviction notice has to have a warning tone but not a threatening one. It is meant for resolving the issue not complicating it. Therefore one should not use abusive, harsh or offending language which may become personal for the tenant. It also saves the landlord from facing a lawsuit of harassment or related legal complaint.  
  • Makes sure that your copy of the lease agreement is in tandem with the notice. Note any discrepancies and remove them from the notice.
  • Eviction notices shouldn’t be very long; they should not have unnecessary details like the characterization of the tenant etc. It should mention the tale of events in an informative manner and not an essay manner. It means the serial wise ordering of events which easily points out the discrepancies.
  • Keep 2 copies with yourself, one which can be presented to the court and one for yourself.
  • If for some reason the tenant isn’t able to receive it due to any reason, the notice has to be filed again by the landlord.

Common Grounds for Eviction Notice

  • Demand for Possession: When a Tenant has been previously given a Notice of Lease Violation or the Notice to Quit (for non-payment of rent and where the Landlord has not yet terminated the Lease).
  • Notice of Lease Violation: When a Tenant has failed to comply with the Landlord's rules or breached a term, the property owner can choose to terminate the contract/ agreement/lease if the violation is not remedied OR to remedy the violation itself at the Tenant's expense.
  • Notice of Termination: When the Landlord wishes to terminate a periodic tenancy (such as a month to month Lease) or the Lease requires advance notice to terminate the Lease.

The below-given formats/samples/example is amongst the many forms of Eviction Notices.

Note: The format/sample/example has been provided for informational purposes only.

The format of Eviction Notice

Date - ______
(2-3 Lines Spacing )

Your Name - ________
Address - _______
Phone - ________
(2-3 Lines Spacing )

Tenants Name - _________
Address - _______
Phone - ________
(2-3 Lines Spacing )

Dear (Tenants Name),

Body / Content / Description of violation of the terms including the term of Agreement between the two parties.                                 

Information on how the terms have been violated and or reason for eviction. Include details like when the rent was to be paid or other grievance.

List all the steps which the tenant must take avoid violation within three, 30 or 60 days, depending on the reason for the eviction.

Your Name
Signature

 

A sample of Eviction Notice

Eviction Notice

To:
        __________________________________________   (name/names of tenant)

This notice is to notify you that you have to vacate the premises now in your possession, situated in _______ (city), _______ (county/state), and known as

____________________(Full address of rented property)

You are being asked to leave for the following reason:              ________________________________________________________ (state reasons for eviction)

Your compliance with this notice within (______) days will prevent any further eviction action against you.

YOU ARE BEING ASKED TO VACATE THE PREMISES.  IF YOU DO NOT LEAVE, AN EVICTION ACTION MAY BE INITIATED AGAINST YOU. IF YOU ARE IN DOUBT REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS AS A TENANT, IT IS RECOMMENDED THAT YOU SEEK LEGAL ASSISTANCE.

Yours respectfully,

_____________________

Landlord’s Signature

___________________

Landlord’s Printed or Handwritten Name

____________________

Address and phone

Dated this ___ day of _______, 20 __

 

Eviction Notice Example

                                               Eviction Notice

To: ______________


We are terminating your tenancy and want to evict you from the following property:
_____________________________________________________________

Our reason for evicting you is because
_____________________________________________________________

_____________________________________________________________

_____________________________________________________________


You must move from the property or remedy our reason for evicting you by the following date:
________________________________


If you do not agree with this eviction notice, you can seek legal advice from a lawyer.


Name of Landlord/Owner/Agent -  ___________
Address of Landlord/Owner/Agent - __________
_______________________
_______________________

Telephone Number: _____________
Signature: _____________
Date: ________

 

Eviction Notice Example

11th  December 1999

Mr Tom Allen
3508 Cook Peak Rd
California

This notice is to inform you that your actions have violated the following rules according to the terms of your rental agreement OR endangered the health and safety of another:

  • You are not paying rent from the previous two months.
  • You have a dog within your premises which is not allowed according to contract.
  • You are not allowed to stay with your friends with you but you have two men with you for two months.
  • You have destroyed one portion of the rental property.
  • You are hereby required to cease your violations and take any necessary corrective action within ____ days.

If you fail to do so, legal proceedings will be instituted against you to recover the premises and any relevant damages and costs as allowed by the law.

PROOF OF SERVICE

I, the undersigned, being at least 18 years of age, declare under penalty of perjury that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below:

Mr Tom Allen 11th  December 1999, I handed the notice to the tenant(s) personally.

[   ] On __________, after attempting personal service, I handed the notice to a person of suitable age and discretion at the residence/business of the tenant(s), AND I deposited a true copy in the [Name of Your Postal Service], in a sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her/their place of residence.

[   ] On __________, after attempting service in both manners described above I placed the notice in a conspicuous place at the residence of the tenant(s) AND I deposited a true copy in the [Name of Your Postal Service] in a sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her/their place of residence.

_________________________

Landlord’s Signature

Landlord’s Name: _______________________