One of the worst parts of any landlord’s job is evicting tenants.
They’re costly, time-consuming, and taxing on your mental health. However, they’re often a necessary part of the business. And every eviction will involve an eviction letter. This is the first formal step in the process. Thus, it’s important to understand how to write these letters because without them a legal eviction cannot occur.
In this article, we’ll cover the basics of eviction notices, including some templates for how to write an eviction notice yourself if and when the time comes.
What is an Eviction Notice?
A formal eviction notice is a letter to your tenant that serves as the initial step in the eviction process. The delivery of this letter lets your tenant know that they need to leave your property by a certain date. This may be prompted by the tenant’s refusal to pay rent or another breach of the lease or rental agreement.
Furthermore, this letter is a record that you provided your tenant reasonable notice of the upcoming eviction. Keep a copy of the notice on file in case your tenant refuses to vacate the property and you need to pursue legal recourse.
Each state has its own procedures related to serving notice, so it’s important to familiarize yourself with your state’s laws on the eviction process. Both the landlord and tenant must adhere to local regulations and landlord tenant laws.
What to Put in Your Eviction Notice
It’s crucial to cover all the bases in an eviction notice. You want to protect yourself in every way possible. That said, here’s what you need to include in your letter:
- Address of the rental property and leasing office
- Current date
- Tenant names
- Status and date of the lease
- Explicitly stated reason(s) for the eviction (i.e., the lease violation)
- Date that your tenant must leave the property
- Record for delivery of notice
The letter’s date and the date to vacate are vital. It’s important to remember that each state has its own regulations. In Texas, for example, unless the lease agreement says something different, you must give your tenant at least three days to move out. The time to move out may also depend on the severity or nature of the lease violation, again according to local and state laws. The notice periods for missing rent payments vs. other violations of the written lease are often different.
Furthermore, the federal CARES Act requires landlords, in certain instances, to give tenants a 30-day eviction notice when the property is part of specific federal programs or if your property has a federally backed mortgage.
Failure to follow the appropriate legal process under local and federal laws can come back to bite you later, so make sure that the language in the letter is clear and the consequences are obvious if the tenant disregards the notice.
Eviction Notice Types
You can serve tenants eviction notices with cause or eviction notices without cause. Eviction notices with cause are necessary when your tenant violates the lease agreement. Eviction notices without cause are useful when your tenant hasn’t violated the lease agreement.
Most landlords provide tenants with a warning notice before serving an eviction notice with cause. For instance, you can give your tenant a Late Rent Notice before you serve the formal eviction letter. These warning notices allow you to communicate the problem and your tenant to fix the issue on their own.
If you do have to serve the formal eviction notice and begin the legal process, your tenant may still be given the opportunity to “cure” the violation. Your state laws will dictate whether you need to send a “Pay or Quit” or “Cure or Quit” eviction notice to the tenant and how long the notice/cure period lasts. Common situations in which tenants are not given the opportunity to cure their violation include:
-
Your tenant has unpaid rent on multiple occasions
-
Your tenant severely damages the property in some way
-
Your tenant engages in illegal activity on the property
Now, what about an eviction without cause? Most states require a 30-day or 60-day advance notice, but the typical range is anywhere from three to 60 days.
As a note, landlords in states with rent-controlled property laws usually need a justifiable reason to terminate a lease agreement. However, if the lease isn’t a fixed-term lease you can ask the tenant to move out whenever you want.
Eviction Notice Templates
Now that we’ve discussed the key parts of formal eviction letters, let’s look at examples of eviction notice forms. You can use a free eviction notice form like the one below as a starting point for building your own.
Template (With Cause)
[Landlord’s Name/Property Management Company/Etc.]
[Street Address]
[City, State, Zip]
[Phone number and email address]
[Date]
[Tenant’s name(s)]
[Tenant Street Address]
[Tenant Apartment Number]
[City, State, Zip]
Dear [Tenant First Name(s)] [Tenant Last Name(s)],
A formal written warning was previously issued regarding [state reason for issuing eviction notice]. Your rental agreement signed on [lease date] clearly states in [section of lease containing the violated policy and precisely what was violated].
Due to the failure on your part to abide by the rental agreement and [cure or remedy] the aforementioned infraction, [Landlord’s Name/Property Management Company] has no choice but to submit this notice of eviction as of [date served].
You have [amount of time] to [state actions to be taken to avoid eviction if you will still allow it]. You have [set amount of days, at least the minimum required by law] to surrender possession of the premises located at [Property Address] to [Landlord’s Name/Property Management Company], or to the landlord’s authorized agent or attorney.
Failure to comply will result in legal action, up to and including physical removal of all tenants from the property.
If you have any questions surrounding this issue, please contact the rental office and ask for [Landlord’s Name/Landlord’s Representative].
Sincerely,
[Your Name]
Template (Without Cause)
[Landlord’s Name/Property Management Company/Etc.]
[Street Address]
[City, State, Zip]
[Phone number and email address]
[Date]
[Tenant’s name(s)]
[Tenant Street Address]
[Tenant Apartment Number]
[City, State, Zip]
Dear [Tenant First Name(s)] [Tenant Last Name(s)],
NOTICE IS HEREBY GIVEN that within [set amount of days, at least the minimum required by law] after service of this notice on [date served], you must surrender possession of the premises located at [Property Address] to [Landlord’s Name/Property Management Company], or to the landlord’s authorized agent or attorney.
Failure to vacate the premises within [set amount of days] will result in legal action against you to recover possession of the premises, and to seek a judgment for damages for every day of occupancy after the expiration date of this notice, including but not limited to: treble damages, recoverable attorneys’ fees, and costs associated with any unlawful detention of the premises.
This notice is intended as a [set amount of days] notice terminating your month-to-month tenancy. Prorated rent in the amount of [amount owed] is due as of [date] and payable through and including the date of termination of your tenancy under this notice.
Sincerely,
[Your Name]
Conclusion
With this road map and a couple of malleable templates, you have a foundation for a great eviction letter. Remember to review your local laws and consult with an attorney if you have any questions. It’s critical to follow the proper legal procedures when pursuing an eviction lawsuit.
