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What is an Eviction Notice

An eviction happens when a tenant or tenants are removed from the property they are living in by the owner of the land or building. 

This is a legal process whereby the owner of the property gives the tenant notice that they must vacate the property within a certain amount of time. If they fail to do so, they could face litigation. 

Evictions can happen for numerous reasons, such as failure to pay the rent. However, they normally occur between landlords and tenants when the following situations take place:

  • The tenant(s) have not paid their rent

  • Tenants have violated the terms of their tenancy agreement

  • The landlord decides not to renew the lease on the property

  • The tenants are causing damage to the property

  • Illegal activity is taking place on the property

Eviction Notice Sample

If you’re unfamiliar with using an eviction notice as a property owner, it can often be helpful to see a real-life example before creating your own. Our sample template below shows exactly how a completed document should appear.

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Eviction Notice Sample Form

What is a Notice to Quit

When a tenant breaks the terms of the lease agreement on a property, the landlord could serve them with a notice to quit. This is the first step in any eviction process.

The notice to quit normally provides information on the violation in question. It then sets out what violations have been committed under the rental agreement and gives the tenant a period of time to correct the matter or be legally evicted.

A notice to quit letter is also known by many other names including:

  • Warning Notice

  • Warning Letter

  • Lease Notice

  • Eviction Letter

  • Notice to Vacate

  • Eviction Notice Form

How to Evict a Tenant

Much of the time, disputes between landlords and tenants can be resolved civilly without turning to legal action. However, on some occasions the situation becomes untenable, and an eviction process must be started.

There are a number of steps you’ll need to follow to successfully and legally evict a tenant living on your property. These are as follows:

  1. An appropriate notice to quit for the lease agreement violation must be served

  2. If the tenant refuses to leave the premises as instructed in the given time, a complaint will need to be filed with a court

  3. The landlord and tenant must appear in court

  4. A judge will need to rule on whether the eviction has been correctly followed under the lease agreement and what rights the tenant has to remain in the property

  5. If the landlord wins, the judge will serve a Warrant of Eviction

  6. The tenant must now leave the property or face further legal action. Depending on the county laws, they may also need to pay the landlord’s legal expenses and any unpaid rent.

How to Write an Eviction Notice

Writing an eviction notice is not a tricky task and is something you can create yourself at home. Nevertheless, this form of legal document must be completed correctly, otherwise, a tenant could successfully sue against the eviction in court.

Using LawDistrict’s online template you can easily write your own eviction notice from home without a lawyer.    

However, if you intend to evict a tenant in a rental control unit or a government-subsidized property (such as Section 8 properties) you will need to follow specific rules in order to perform a successful eviction. This may require the assistance or advice of a real estate lawyer. 

An eviction notice or notice to quit must contain the following information for it to be legally valid:

  • The name(s) of the tenant(s) written on the rental agreement

  • The date the rental agreement was signed (if it appears on the agreement)

  • The address of the property being occupied

  • A clear and legitimate reason for the notice to evict (this should be written in the rental agreement itself)

  • Specific details on the breach of the lease in question (dates and timeframes)

  • What steps (if any) the resident must take to avoid eviction

  • The date by which the situation must be rectified or the property vacated

  • The landlord’s contact information

  • The date that the notice has been issued

Terms to include in a eviction notice form

What Are the Rules For My State

Your eviction notice must conform to your individual state’s rental property laws. This can make the process of an eviction a little more complicated as specific reasons, notice periods, and delivery services must be used in order for a Notice to Quit to be legally valid. 

The table below explains these key details that might affect state specific eviction notices in 12 of the states with the most rental properties:

State Days to Pay or Vacate Days to Cure or Vacate Laws

Alabama

7 days

14 days

§ 35-9A-421(b)

Alaska

8 days

10 days

AS 34.03.220 (b)

Arizona

5 days

11 days

A.R.S. § 33-1368(a)(2)

Arkansas

14 days

§ 18-60-304(3)

California

3 days

3 days

CCP § 1161(2), CCP §1161(3)

Colorado

10 days

10 days

§ 13-40-104(d)

Connecticut

3 days

15 days

§ 47a-23(a)

Delaware

5 days

7 days

Title 25 § 5502

Florida

3 days

7 days

§ 83.56(3), § 83.56(1)

Georgia

7 days (after receiving a Dispossessory procedure summons)

No specified period

§ 44-7-50

Hawaii

15 days

10 days

§ 521-68

Idaho

3 days

10 days

§ 6-303(2)

Illinois

5 days

10 days

735 ILCS 5/9-209, 735 ILCS 5/9-210

Indiana

10 days

10 days

IC 32-31-1-6

Iowa

3 days

7 days

§ 562A.27

Kansas

10 days

14 days

§ 58-2507

Kentucky

7 days

14 days

§ 383.660(2)

Louisiana

5 days

5 days

CCP 4701

Maine

7 days

7 days

§ 6002(1)(c)

Maryland

10 days

14 days

§ 8-401

Massachusetts

14 days

90 days

Chapter 140, Section 32J(1)

Michigan

7 days

No specified period

§ 554.134(2), § 600.5714 & § 554.134(4)

Minnesota

14 days

10 days

§ 504B.291

Mississippi

3 days

14 days

§ 89-7-27

Missouri

Immediate

10 days

§ 535-010

Montana

3 days

21 days

§ 70-24-422(2)

Nebraska

7 days

20 days

§ 76-1431(2)

Nevada

7 days

15 days

NRS 40.2512

New Hampshire

7 days

10 days

§ 540:2 II(a) and § 540:3 I

New Jersey

Not necessary or 30 days if landlord has accepted late rent previously

30 days

§ 2A:18-61.2(b)

New Mexico

3 days

30 days

§ 47-8-33(d)

New York

14 days

30 days

None if illegal activity has been committed on the property

§ 711(2), § 753(4)

North Carolina

10 days

None or

10 days if substantial damage has been done to the property

§ 42-3, § 42-26

North Dakota

3 days

30 days

§ 47-32-01.4

Ohio

3 days

3 days

§ 1923.02 & § 1923.04, § 1923.04

Oklahoma

5 days

15 days

Title 41 § 131

Oregon

3 or 6 days

14 days

§ 90.394(2)

Pennsylvania

10 days

15 days (for leases of less than 1 year)

30 days (for leases of over 1 year)

§ 250.501(b)

Rhode Island

5 days

15 days

§ 34-18-35

South Carolina

5 days

14 days

§ 27-40-710(b)

South Dakota

3 days

30 days

§ 21-16-1(4)

Tennessee

14 days

30 days

§ 66-28-505(a)(2) & § 66-7-109

Texas

3 days

3 days

§ 24.005

Utah

3 days

7 days

§ 78B-6-802(1)(c)

Vermont

14 days

30 days

§ 4467(a)

Virginia

5 days

21 or 30 days

§ 55.1-1245(f)

Washington

14 days

10 days

§ 59.12.030(3)

West Virginia

Immediate

30 days

§ 55.1-1415, § 55.1-1245

Wisconsin

14 days

30 days

§ 704.17(2)(a) & 704.17(2)(b)

Wyoming

3 days

3 days

§ 1-21-1002 & 1-21-1003

How to serve an eviction notice

The way you deliver your carefully prepared eviction notice is just as important as the information it contains.

State law usually sets out specific rules on how you must deliver your signed and dated eviction notice before the notice period officially begins.  

This is done to prevent disputes by ensuring that the tenants clearly and demonstrably know that they have been given legal notice to leave or correct a lease violation.

Depending on the state the landlord may serve the notice themselves or hire a certified process server to do the job for them.

However, it is essential to check the correct way to deliver your eviction notice in your state before sending it to the tenant.

Some commonly accepted delivery methods are:

  • Hand delivery

  • Registered/certified mail

  • Posting notice on the property 

  • Posting the notice on the property and mailing a copy by registered/certified mail

  • Delivery as specified in the tenant’s lease

Eviction Notice and Notice to Quit FAQs

If you’re still wondering about some of the finer details of eviction notices, don’t worry. We’ve answered some of the most common queries that landlords often ask in our frequently asked questions section below.

How Long Does an Eviction Take?

Depending on the circumstances and the tenant, an eviction could be completed in mere days. However, in a situation where the resident refuses to leave or the eviction notice is incomplete or incorrect, it could take months. 

The time it takes to evict someone from a property you own or manage ultimately depends on the state and county laws in effect and the tenant living in your property.

You must follow the state’s guidelines for minimum notice and follow the correct legal process should the tenant not withdraw from the property.  

How Much Does It Cost To Evict Someone?

How much evicting a tenant costs will often depend on how long the removal process lasts.

If you serve an eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $500 not including potentially lost rent).

However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.

How Do You Evict Someone Who Doesn't Have a Lease?

If the lease on your property is about to expire or a tenant has invited someone to rent or sublet who is not named on the rental agreement, you can serve them with a 30-day notice to vacate.

In the event that they don’t leave the premises after this period of time has passed, you can carry out legal eviction proceedings as you would with any regular tenant.

How Long Do You Have To Get Out After an Eviction Notice?

If you are served with a legal notice to quit as a resident of a rented property, the document will notify you of how many days you have to vacate.

This may be as little as 3 or as many as 60 days depending on the circumstances for the eviction, the laws set in the state you’re living, and the property in question.

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Eviction Notice Sample Form

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Preview of your Eviction Notice

3 DAY NOTICE TO PAY RENT OR QUIT
_________

_________
_________
_________, California _________
TO TENANT(S), ALL OTHER RESIDENTS AND UNNAMED OCCUPANTS OF THE PREMISES LOCATED AT:

_________, _________, California _________
PLEASE TAKE NOTICE that pursuant to the lease and/or rental agreement dated _________ you are justly indebted to the owner or landlord of the herein described premises and that notice is hereby given that there is now due, unpaid and delinquent rent during the last twelve months in the total sum of $0.00, as follows:
_________to_________$_________
Total: $0.00
WITHIN THREE (3) days after service on you of this notice, you are hereby required to pay the amount of the above-stated rent in full OR quit and vacate the subject premises and turn over possession to the owner or landlord _________ or his/her authorized agent. PLEASE TAKE FURTHER NOTICE that if you do not pay the rent in full OR turn over possession of said premises WITHIN THREE (3) days as required by this notice, that the undersigned does hereby elect to declare forfeiture of your lease deposit and/or rental agreement. In addition, the owner or landlord will institute legal proceedings for an unlawful detainer against you to declare the lease or rental agreement void or forfeited and recover possession of said premises. Such proceedings could result in a judgment against you, which may include court costs and attorney fees, as well as damages, as allowed by California law. If the court determines that you have maliciously withheld the payment of rent, it may award the plaintiff statutory damages of up to SIX HUNDRED DOLLARS, in addition to actual damages, including rent found due, in accordance with California law.
THIS IS INTENDED AS A THREE (3) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS IN COMPLIANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE § 1161.
Make payment to: _________
Address: _________, _________, _________ _________
Payment must be made by 10:00 AM on _________
(Payment can be made in person between the hours of 9am and 5pm Monday through Sunday).
Phone Number: _________
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF CALIFORNIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.

Dated: _________

By: ______________________________
_________

_________, _________, _________ _________
_________

PROOF OF SERVICE

I, the undersigned, _________, being at least 18 years of age, certify and declare under penalty of perjury that on the _____ day of _____________, 20___ I served the above notice to the tenant(s) personally to the person in possession of the property, or in the manner(s) indicated below:


__ On _____________, after attempting personal service, by delivering it on the premises to a member of suitable age of his/her family or household or an employee of suitable age and discretion at the residence/business of the tenant(s), with a request that it be delivered to the person in possession of said premises, AND deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her place of residence.

__ On _____________, after attempting service in both manners indicated previously, I served this notice by posting it in a visible place at the residence of the tenant(s), AND I deposited a true copy through Certified U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) or the person(s) in possession of the property at his/her/their place of residence.

Executed on ____________________
Served by ______________________

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