Eviction Notice

Use eSahayak to create an Eviction Notice (Notice to Quit) within 5 minutes. Just answer few simple questions and get your notice ready in real time.

Eviction Notice

Before we go into the eviction notice template, let’s define what an eviction notice is and why you would require one. An eviction is a legal procedure that involves the removal of a person from their home. Failure to pay rent, breaching the conditions of a contract, overstaying a rental time (tenant at sufferance), and criminal activities are all reasons for landlords to pursue an eviction.

Finally, landlords must follow their state’s eviction procedural regulations and are not permitted to physically remove a tenant from their property (i.e. changing the locks to the property).

What is an eviction notice?

An eviction notice (notice to vacate) informs a tenant of a lease violation or the termination of their rental agreement. The renter will have a certain number of days to comply or vacate the premises after receiving the notice under State Law.

Texas, California, and Florida, for example, have 3-day eviction notices, but Colorado has 10-day eviction notices. Eviction notices are divided into four categories primarily on the basis of their removal.

Types of eviction notices:

  1. Non-Compliance Eviction Notice

An eviction notice for non-compliance is a letter sent to a tenant who has broken a clause of their lease other than the rent. 

A noise complaint, property damage, parking in the incorrect area, unauthorized pets, and failing to maintain the property are all examples. 

A notice to comply or vacate notifies a renter that they have broken their lease agreement for a reason other than rent. 

If the tenant does not address the problem within a certain amount of time, they will be asked to vacate and leave the property.

  1. Late Rent Notice

When a tenant fails to pay rent by the due date specified in their lease, a late rent notice, also known as a notice to pay or vacate, is delivered to them. If there is a statutory grace period, the landlord will have to issue the late rent notice after it has expired.

It’s best to deliver in person, post on the door, or send certified mail when mailing with a return receipt.

  1. Eviction Notice For Illegal Activity

If a tenant has committed a felony that requires urgent eviction, the landlord will send an eviction notice template for illegal behaviour. Because this sort of notice is irreversible, the tenant has no alternative but to vacate the premises or risk a legal eviction by the landlord known as forced entry and detainer.

  1. Lease Termination Letter – 30 Day Notice

A lease termination letter template is typically used to allow a Tenant or Landlord to terminate a month-to-month lease arrangement, sometimes known as a ‘tenancy at will.’ 

A lease termination letter can also be used to try to end a lease if the Tenant or Landlord has breached their contract by sending a notice to vacate, albeit, in this situation, either side will normally have a time period to “fix” the problem. 

If the lease does not allow for early termination, the Tenant can submit a formal request to do so, but the Landlord will determine whether or not to release the Tenant.

An early lease termination letter is a formal request from either the landlord or the tenant to terminate an existing contract. The renter often writes this while seeking to be freed from the contract owing to financial hardship. 

Most of the time, the landlord will release the renter by deducting the amount of their security deposit. If the renter wants a formal discharge, the rent must also be paid in full.

How Do I Write an Eviction Notice?

Fortunately, you don’t have to start from scratch when creating your eviction notice or pay a lawyer. You can easily draft your Eviction Notice in 5 minutes using eSahayak templates. Simply fill out a form and as per your answers eSahayak will create an Eviction Notice for you. 

Using eSahayak will save you a lot of money in comparison to hiring a lawyer. You can print your eviction notice at any time by downloading it. For a Notice to Vacate, you should normally organise these important details in your eviction notice letter template:

  • Addresses: The rental property’s address as well as the landlord’s or property management company’s address.
  • Tenant names: The notification must include the names of all tenants listed on the lease agreement and/or who pay rent.
  • Lease status and/or lease date: Whether or not the lease is still valid, or whether there is a lease at all.
  • Landlords should always consult state eviction regulations to ensure that they have a legally acceptable basis to remove a tenant. The form of eviction notice will be determined by the basis for the eviction.
  • Period of Notice: The Eviction Notice should explicitly state how much time the tenant has to remedy the matter before legal action is launched.
  • Proof of service: The landlord may add a proof of service to prove when and how the Eviction Notice was given to the tenant.

Remember to double-check the eviction notice that any policies and terms mentioned in the Eviction Notice are included in the properly completed rental agreement.

How to Evict a Tenant?

Step 1 – Attempt to Resolve the Violation

The landlord should connect with the tenant by e-mail or text message before mailing a formal notice. 

Because eviction letters can be frightening to good-paying renters, it’s better to take a measured approach that doesn’t put them on the defensive. The majority of lease breaches may be handled without going any further.

Step 2 – Send the Eviction Notice

A landlord must deliver an eviction notice (notice to vacate) to the tenant in order to legally begin the eviction procedure. Deliver the notice by posting it on the tenant’s door and mailing it certified mail with a USPS Return Receipt.

The renter will have the option to rectify the infraction within the allowed time limit after receiving the eviction notice. An eviction notice must be sent using one of the following methods:

  • Hand-delivery of eviction template; Certified mail (with return receipt)
  • Posting in a prominent location (e.g., on or beneath the tenant’s door)
  • Regular mail (not recommended)

Step 3 – File Eviction Papers 

If the tenant has not corrected the infraction within the time limit specified in the notice to vacate, you can now take a copy of the Return Receipt to your local county courthouse and file for eviction. 

The following is a list of documents you’ll need to present to the courts in order to properly apply for eviction against the tenant:

  • The address and, if applicable, a description of the property you wish to acquire
  • An explanation of why you were evicted
  • A thorough summary of how and when the notice of eviction was served
  • At the time of filing, a list of all overdue rent and dues
  • Include a statement with the filing if attorney fees are being sought.

Following the filing, the court will issue a summons to the tenant, instructing them to appear in court on a specific day.

Step 4 – Attend the Hearing in Court

If the renter cannot afford to pay the rent, it is unlikely that they will be able to hire a counsel. A tenant will almost always be defending themselves. The following items should be brought to court by the landlord: the original lease, payment records, and the Notice to Quit template are all included.

Step 5- Collecting Past-Due Rent

In most cases, the winning side is entitled to all court expenses. Most of the time, the security deposit may cover the majority of the landlord’s losses. If the security deposit is insufficient, the debt is collected through a small claims court.

However, it may take some time for you to get your funds. Depending on how much money you owe, you might want to think about whether collecting is worthwhile.

Conclusion

An eviction notice tells a renter that their rental arrangement has been terminated due to a lease breach. Evictions can be pursued for a variety of reasons, including failure to pay rent, breaking contract terms, overstaying a rental period (tenant at sufferance), and criminal activity. 

Using eSahayak templates, you can simply design your Eviction Notice in 5 minutes. To officially initiate the eviction process, landlords must issue the tenant an eviction notice: notice to leave. One of the following techniques must be used to send an eviction notice: Eviction template sent by hand; certified mail (with return receipt) or ordinary mail (not recommended).

FAQs

What is an Unlawful Detainer, and how does it work?

The legal phrase for evicting a renter is an Unlawful Detainer, also known as Forcible Entry and Detainer. People are sometimes perplexed by the fact that one phrase refers to a landlord filing a lawsuit against a tenant in order to acquire a court order (civil action) allowing the landlord to lawfully take control of a property from the tenant.

How long does it take to evict someone?

It will take at least one month to legally evict a tenant from the time the landlord takes the initial step of delivering notice to quit to the time the renter receives a judgment in court, but it might take up to two or three months if the tenant refuses to go.

Is it possible to stop a writ of possession?

A writ of possession is a court order that authorises the local sheriff to evict a tenant from the landlord’s property, and it is the ultimate step in the eviction process if the tenant refuses to leave. In most circumstances, it cannot be halted until the renter wins the lottery and pays off all of his or her debts, although even then, a landlord would prefer the tenant to go.

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Eviction Notice

4.8
4.8 - 28 votes