How to Write a Legal Eviction Notice

A lease violation or nonpayment of rent can be grounds for eviction, yet a landlord's failure to abide by state eviction laws can be a violation of the tenant's rights. Eviction processes will vary by the type of lease agreement you have with the tenant, and the state may require that you give the tenant notice to correct the problem before proceeding with an eviction notice. By following the state's eviction laws, you can take legal action against the tenant if she refuses to vacate the premises.

Things You'll Need

• Company letterhead (optional)

Instructions

1. Contact your attorney or the district courthouse for eviction laws and processes of the area. Your attorney may assist you with completion of any necessary paperwork, and the courthouse will provide you with detailed instructions for evicting a tenant within their jurisdiction. Complete any forms provided by your attorney or courthouse.

2. Prepare a notice in accordance with the state's law. A Notice to Quit may be required, and it will give the tenant three days to pay overdue rent or correct any lease violation, or it can notify a tenant to leave within a set number of days.

3. Type a written notice or prepare the information on company letterhead if possible. Add your name, address, telephone number and the date of its writing to the top of the notice. Note the tenant's name, the address of the rental property and the reason behind the eviction notice. Write what action the tenant can take to continue the lease agreement, if applicable, and provide a deadline for this action. Note the number of days he has to vacate the premises if you are within your rights to evict him. Inform him of the actions you will take for his failure to comply with the notice, such as police involvement, and sign the document.

4. Copy the document for your records, and file copies with the courthouse if required by your state.

5. Deliver the notice to your tenant in a face-to-face meeting, or post it in a highly visible area at the front door. If you do not deliver the notice directly to the tenant, mail an additional copy by certified mail for proof of receipt. Remember to follow all applicable state laws for delivery of an eviction notice.

Tips & Warnings

• Prepare the materials in a professional manner, because your eviction notice may be called into question if the tenant disputes the case in court.

References

• RentLaw.com: Eviction
• The Free Dictionary: Notice to Quit

Resources

• Eviction Laws by State