An eviction notice is a notice issued to a tenant to empty the rented property. The eviction notice is either issued by the landlord himself or the agent dealing for the landlord. An eviction notice includes the date on which it is written and the reason why the tenant is being asked to evict the property. The notice also includes a deadline of 7, 10, 15, or 30 days for eviction.
A landlord may issue an eviction letter with a notice period at any time. Landlords do not need a court order to evict a tenant in normal circumstances. However, if the tenant refuses to hand over the property, the landlord may seek help from the court and the court might issue a court order.
Legally, the time given for eviction is 7 to 10 days. In order to evict a tenant in three days, the landlord must have a court order to do so. A three-day notice to evict is rare, rather the tenant usually receives a three-day notice to pay partial or full rent. In case of failure by tenant to pay rent, the landlord may notify the tenant of the intention to end the tenancy.
If you want to evict someone from your home, you must give a 30-day notice of intention to end the tenancy. In case the tenant refuses to leave, the landlord may go to court and get an order from the judge. The tenant is then under legal compulsion to empty the property.
Issuing an eviction notice is a difficult task especially if you are kind-hearted. It becomes even more difficult if the notice must be sent to a friend or family member living on your property. Here is a sample eviction notice that you can use to send to a family member.
Eviction notice to a family member
As you know, I am going through a rough financial period owing to slow business in the past few months. I am unable to afford the suite I have been renting downtown. I have decided to end the tenancy at the suite and move back to my country house which you are currently renting. I know this must be a bit upsetting for you and your wife who have been living here for the past four years. However, I am struggling financially and need to cut down my expenses.
Please consider this a 30-day notice to end the tenancy. I would be glad to help you find another house. Do let me know if you need help packing your belongings.
The laws regarding evicting a tenant without a lease may differ slightly across states. However, in principle, you can evict a tenant without a lease more easily as compared to a tenant with a lease. This is because, without a lease, the landlord is under no obligation to fulfill the lease term. The landlord can decide to evict a tenant at any time by giving a 7-30 day written notice to empty the property. The landlord is not under obligation to specify any reason.
Usually, the court gives a tenant 7 -30 days to find a suitable substitute and move out after being served an eviction notice. If the tenant fails to move out within the stipulated time, the landlord may call the sheriff for a forceful eviction.
The landlord must issue a written notice to the tenant to vacate the property. If the tenant ignores the notice, then the landlord may apply to the court for possession. It may take between 1.5- 2 months (6-8 weeks) before the court grants a possession order for the property.
If you want to legally kick someone out of your house, you must first issue a written notice giving a 2-4 weeks’ time to the tenant to find a suitable alternative. Moreover, if the property was on the lease, you must give a strong reason for ending the lease before term. If the property was not on the lease, you are not required to state any reason. If the tenant fails to vacate by the end of the notice period, you may approach the court for a possession order. This will take another 6-8 weeks. At the end of this period, if the tenant still does not vacate, then the landlord can legally ask the sheriff to forcefully evict the tenant.
A squatter is a person or party that unlawfully occupies an abandoned or empty property. Evicting a squatter is much easier than evicting a tenant. This is because the squatter is living illegally on your property. You are not required to serve any notice. You may notify the local authorities and hire a sheriff to forcefully evict the squatter.
Here is a generic eviction notice that you may use to serve a tenant:
1- Sample generic eviction notice
[X] day notice to terminate the tenancy agreement
Address Line 1
Address Line 2
Please note that according to the terms of our lease/rental agreement dated _____________, whereby you rented the herein mentioned property, you were expected to [STATE REASON FOR NOTICE such as failure to pay rent, damage to property, violation of agreement, violation of county/state rules, illegal use of property]
Please note: You are required to [INSERT INSTRUCTIONS such as pay rent, pay for the damage, pay fine or vacate property] within ___ days of being served this notice. Failure to [INSERT CONDITIONS] will lead to legal proceedings against you in the court of law.
THE LANDLORD RETAINS ALL RIGHTS STATED IN THE RENTAL/LEASE AGREEMENT. NOTHING MENTIONED IN THIS NOTICE IS TO BE CONSIDERED A WAIVER OF ANY OF THOSE RIGHTS.
[Name of landlord/agency]
2- Eviction notice for nonpayment of rent
[X] day notice for tenancy termination
Please note that according to the lease/rental agreement dated May 20, 20xx for the house/property/premises/office mentioned above, you agreed to make monthly rental payments. However, the rent for past three months remains unpaid despite reminders. The total rent for the period June 01, 20xx to August 31, 20xx is now $84,000.
You are to pay the overdue rent within 03 days of this notice. Failure to pay the due rent within the stipulated days shall lead to legal proceedings against you. Moreover, you are required to vacate the property within 30 days of this notice. After 30 days, the landlord will apply for a possession grant in court.
NONE OF THE ABOVE STIPULATIONS IS A WAIVER TO THE RIGHTS HELD BY THE LANDLORD UNDER THE ORIGINAL RENTAL/LEASE AGREEMENT.
[Name of landlord/agency]
3- Immediate eviction notice
Final notice to vacate the property immediately
This is with reference to the 30-day notice of termination of tenancy served to you on August 12, 20xx on account of continuous lapses in payment of due rent as well as damage to property.
Please note that the notice period to vacate the premises ends today, [insert date]. You are required to vacate the house/office/building/premises immediately. In case of failure to vacate the property, we shall apply for a possession grant in the court of law.
[Name of landlord/agency]