How To Write an Eviction Letter

What Is an Eviction Letter?

An eviction letter is a document that a landlord sends as written notice to a tenant letting them know they must vacate the property. A landlord must provide an eviction notice letter to the tenant before beginning the eviction process and legally removing the tenant from the landlord’s property. Failing to give proper notice of eviction can cause legal problems for the landlord and delay the eviction process.

Landlords commonly evict tenants because of late rent payments, violations of the lease agreement, or damage to the rental property. There are different kinds of eviction letters a landlord can send depending on the situation:

• Notice to Quit. This letter informs the tenant that they need to leave the property by a specific date, usually because the tenant violated a term of the lease.

• Cure or Quit Notice. This allows the tenant to correct the issue within a specific period of time, typically by catching up on unpaid rent and late fees or stopping an activity that violates the lease.

• Unconditional Quit Notice. This type of eviction tells a tenant they must leave the property immediately without giving them a chance to fix the issue, likely because of repeated lease violations or illegal activities.

Understand Eviction Laws

It’s crucial to follow the correct legal procedures when evicting a tenant or a landlord may face legal action for non-compliance. Usually, when a landlord sends a tenant an eviction notice, it terminates the written lease agreement. However, state and local laws about the legal eviction process may be different depending on where you live. For example, the amount of time a tenant has to move out after receiving an eviction letter can vary between states, many follow a 30-day notice period. Make sure you confirm the requirements for evicting someone where you live.

A landlord typically needs “cause” to legally evict a tenant. This means they must have a valid reason to terminate the lease. Landlords must also follow specific state rules about the notice period, delivery method, and how to force tenants from a rental property if they refuse to vacate. Whether you are a landlord or a tenant, you should document any communications relating to an eviction, like letters, emails, text messages, and phone calls. Keeping records can come in handy if disputes about whether legal requirements were followed go to court.

Understanding landlords' and tenants' rights and responsibilities can be confusing. If you have questions about whether an eviction is legal, find an experienced real estate attorney who can help.

What You Should Include in an Eviction Notice

When writing an eviction notice letter, make sure the language is clear and includes:

• Tenant's Name and Address. State the tenant’s full name and the address of the rental property.

• Landlord's Name and Address. Include the landlord's name and address so the tenant knows who is sending the notice and how to contact the landlord if necessary.

• Date of the Notice. Include the date of the eviction notice to start the period of time required for a notice of eviction.

• Reason for the Eviction. Provide a concise explanation for why the tenant is being evicted and include specific details like failure to pay rent, lease violations, or property damage.

• Deadline to Resolve the Issue or Leave the Property. State a deadline for when the tenant must remedy the problem or move out (be sure to check local laws to make sure your deadline meets the required time period).

• Consequences of Failure to Comply. Explain what happens if the tenant does not fix the problem or vacate by the required date and whether legal action will be taken against them.

• Landlord’s Signature. The landlord should sign the eviction letter to make it official and prove it is legitimate.

Write an Eviction Notice Using Our Free Template

Use a professional tone when writing your eviction notice and avoid emotional language. Include relevant facts and confirm the information you’re using to justify the eviction is accurate.

Get Started by Customizing the Following Eviction Notice Template:

After Writing an Eviction Letter

Once your eviction notice is complete, review it to ensure the information is correct and complies with legal requirements. After it’s finalized, the landlord should sign and then send it to the tenant according to the delivery method required by state or local laws. Often, this means sending an eviction notice by certified mail to ensure the tenant receives it.

If the tenant does not comply with the eviction letter, check your rental agreement for provisions for resolving disputes. You may need to begin legal proceedings against them with a formal eviction lawsuit.

Writing an eviction letter can be challenging because of the complex laws and requirements that must be followed to ensure the process is legal and fair to all parties involved. Check out more landlord-tenant law resources to find other helpful articles about property management and eviction laws.

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.