How to Respond to a Tenant Eviction Notice

Depending on the reason for the eviction notice (and the laws in your state/province), a timely, solution-based response may prevent you from being evicted from your home and buy you enough time to catch up on late payments.

While an eviction notice is a legal document, it does not always have to result in a court appearance-or a full-fledged eviction. One of the most effective actions you can take in a situation like this one is in the form of a well-drafted, actionable letter.

Instructions

1. Open your letter with an apology for the delayed response, if you have not already communicated with your landlord/rental office prior to receiving the eviction notice.

2. Remind your landlord of your track record for paying rent on time- if this applies to you. If this does not apply to you, make mention of other positive points, such as any authorized improvements you made to the property or positive interactions with other neighbors.

3. Explain, in detail, the reasons you were late paying your rent (i.e., job loss, family emergency, medical expenses, theft, or other personal setbacks). Don't overstate your case, just provide the reason so it does not appear as though you are always fiscally irresponsible.

4. Write down your plans to catch up on all late payments by a set date. Include specific amounts you will pay and the dates, if you need to make multiple payments. Your credibility is on the line here. Therefore, be realistic regarding the terms of your payment plan, so you know it is one you can--and will--stick with.

5. Include your contact information and a time you can reached for further conversation. This is important to further assert that you are not trying to shirk your responsibility.

6. Mail, fax or hand deliver the letter to your rental office, whichever method is most convenient for you. However, keep in mind how much time remains between now and the date of your planned eviction.

Tips & Warnings

• -Write/type a rough-draft of your letter and have a trusted friend or relative proof-read it for typos or clarity, to ensure your intent/sincerity is clear to the reader.

• -Write no more than a 1.5 page letter, if possible.

• -Send your letter by way of Certified Mail in order to ensure the letter's confirmed arrival to the intended recipient.

• -Address your letter to the attention of a contact person who is responsible for handling eviction notices in your landlord's office.

• -Include your address and apartment in the body of the letter, and the name that is on the lease, to ensure the recipient files this letter under the correct apartment number. Also be sure to include this information on the envelope.

• -Detail the reasons you were late each month, not just the current month, if you were more than one month late with your rent at the time of the notice.

• -Forewarn your landlord if you know circumstances will arise that will cause you to make a late payment on your rent. If you do this, and you still receive an eviction notice, follow up with your landlord/rental office by phone or in person to try to negotiate a payment plan.

• ----------

• SAMPLE LETTER:

• To Whom It May Concern:

• Please accept my apologies for not contacting you until now regarding my past due rent. I have lived at 555 Five Dr. Apt 5555 for 3 years now, and have had a good rental history with ABC Landowners Inc. until recently.

• Due to unexpected health issues, and time taken off from work (6 weeks) to recover, I was only able to make partial payments on my monthly rent for the months of April and May. This has also led to my being late with June’s payment.

• I resumed working last week, and can now work towards catching up all payments that are in arrears with your company. Below is my proposed payment plan, which will allow me to get current by June 20th.

• -------

• May 20 = $400 (Remainder of April Rent)

• June 5 = $400 (Remainder of May Rent)

• June 20 = $950 (June Rent)

• July 5 = $950 (July Rent)

• -------

• I hope you will seriously consider my proposal, as it is not my intent to defraud your company or be habitually late with payments. Please feel free to contact me between the hours of 12pm and 5pm Monday through Saturday at 555-555-5555 and I will be glad to answer any questions you may have regarding this letter.

• Best Regards,

• (Signature Here)

• Tina Tenant

• Research the laws in your state (from both a landlord and tenants perspective) ahead of time, to ensure that you are aware of- and are operating within- your rights as a tenant, or you may find that your actions will not have an impact once you have been served with an eviction notice.

References

• Rental Laws- All 50 States
• From a Landlord's Perspective