Eviction Notice Template

Eviction Notice Page 1

An eviction notice is an eviction letter from the landlord asking a tenant to address a violation of a rental or lease agreement or vacate the premise before a stipulated date. If the tenant fails to comply with the terms of the notice, the landlord can then file a forcible detainer in court to evict the tenant. Use this eviction notice template to terminate the lease or rent agreement without conflicts.

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Landlords who need to legally remove tenants from their property can use standard templates for eviction notices matching their case. The type of eviction notice template will depend on the reason for eviction and whether the tenant can cure the violation and stay in the rental unit. A printable pdf template includes standard language and serves as an outline for actual notice, which should contain the specific reason for eviction, the timeframe for the tenant to comply with, and other details described below.

What Is an Eviction Notice?

An eviction notice, also known as the notice to quit or the notice to vacate, is the legal document landlords use to ask tenants to correct a violation of the lease agreement or to vacate a rental property. After the expiry of the period, specified in the eviction letter sample, the landlord can file a lawsuit to evict the tenant should the latter fail to correct the violation or move out of the rental unit.

Upon receiving an eviction letter example, the tenant will have a specified number of days to remedy the violation or vacate the leased premises per state law.

Parties of the Eviction Notice

Key Terms

What Are the Different Types of Eviction Notice Forms?

Landlords may choose from several types of eviction notice forms depending on the reasons for evicting their tenants. The three main types of eviction notice examples include:

Pay or vacate (aka pay or quit) notice. Landlords send pay or vacate notices to delinquent tenants who do not pay their rent on time. The tenants have to pay the rent within the period specified in the notice or move out of the unit.

Cure or vacate notice. Landlords use these notices to ask tenants to address a violation of the lease agreement, such as damage to the rental unit or bringing in an authorized occupant. If the tenant fails to cure the offense, the landlord can file a lawsuit for eviction.

Unconditional quit notice. Landlords can use this type of notice in a limited number of cases involving incurable lease violation, illegal activities, or repeated breaches. Examples include tenant's engaging in illegal activities on the premises, causing significant damage to the property or repeated late or nonpayment of rent.

The other type of eviction warning letter template includes a notice without cause when a landlord wants the tenant to leave for reasons other than the tenant's lease violation. Note that in many US states, landlords cannot evict a tenant without except non-renewal of the lease and may have to pay damages to the tenant.

Why Is an Eviction Notice Important?

Even though the landlord may own the rental unit, the law doesn't allow landlords to take their own measures to force tenants to leave. Instead, the landlord should use an eviction notice to ask the tenant to cure the violation or vacate the property after the date specified in the notice. The landlord cannot force the tenant to leave even after the expiry of the period specified in the notice and has to file a lawsuit to proceed with the eviction.

Specifically, the landlord cannot intimidate or harass the tenant, physically remove the tenant from the property, remove the entrance door or windows, shut off electricity or gas, or take other self-help eviction measures. The landlord is required to follow a legal procedure for eviction which starts with sending the eviction notice.

As such, the eviction notice serves two main purposes. First, it informs the tenant that the landlord will take legal steps should the nonpayment or other lease agreement violation continue. Second, it starts the countdown of days until the tenant must cure the violation, leave the property or face a lawsuit for eviction. Following all the technicalities for drafting and serving the notice is essential to avoid the tenant challenging the claim because the legal procedure was not observed.

What Should a Landlord Include in the Eviction Notice Letter?

Letters of eviction are legal documents that must include specific information related to a rental unit, the nature of the lease agreement violation, the timeframe for addressing the issues specified in the notice, and other details. An absence of any of these elements can allow the tenant to challenge the eviction procedure and make the landlord restart the process.

Specifically, the eviction letter format shall include (but is not limited to) the following information:

*This is a non-exhaustive list but just a few important points for the downloadable eviction notice to include.*

How To Write an Eviction Notice

Once you have decided to give your tenant an eviction notice, the type of notice depends on the reason for evicting the tenant. The example and outline below is for a pay or quit notice.

  1. Fill out tenant information and property address
    Provide the tenant’s name, reflecting what is listed in the original lease agreement. Indicate the address and location of the rental property, including the apartment number, room number, and street name that is the subject of the eviction notice.
  2. Enter lease agreement and late rent details
    Cite the name of the original lease agreement with the tenant. State that the eviction is due to the tenant’s being late in making rent payments contrary to the lease agreement. Provide the rent amount due and the date when the rent became due as per the agreement. If the lease agreement provided a fine for late payment, include the total that the tenant should pay, including the fine.
  3. Tell the tenant how to pay the late rent
    Give the tenant information about how to remedy the error. Inform the tenant of the exact number of days allowed and dates to pay the rent due or face eviction, providing the expected amount and the means of payment.
  4. Provide proof of service information
    Your process server should provide an affidavit given under oath as evidence that he or she served the eviction notice to the tenant, including his or her name, the service date, and the process server’s signature. In the affidavit, provide the date when the notice is served.

When Do You Need an Eviction Notice?

As the name suggests, the landlord needs an eviction notice anytime they require the tenant to correct the lease violation or quit the rental unit. The landlords also need an unconditional quit notice template in cases where they want to remove a tenant from the property due to incurable violations, such as significant damage to the unit, or repeated violations, for example, systematic delays in paying rent.

Common Use Cases

The most common reasons for evicting a tenant include:

When Not To Use the Eviction Notice

In most situations, landlords need a "good" or "just cause" to evict the tenant. The typical "just causes" include nonpayment of rent or damage to the property. State legislation may also set out other "just causes" which constitute the grounds for eviction. In each such case, landlords can start evicting the tenant by issuing the notice to quit.

Meanwhile, in most states, landlords cannot issue an eviction notice in the absence of tenant's wrongful acts or "just cause" before the expiry of the lease. Moreover, landlords may be required to pay damages to tenants if they try to evict without cause.

Laws & Regulations

Each state has its legislation regarding tenant eviction. The applicable regulations include the list of "just causes" for removing the tenant, requirements for serving the termination notice, and other provisions.

In addition, various states set different timeframes for an eviction notice. The below table includes the number of days for the tenant to pay the delinquent rent due to various reasons or cure the default before eviction as well as the reference to applicable state laws.

Nonpayment of Rent: 7 days

The Tenant has pets, long-term guests, has damaged the property, or is using the property commercially: 7 days

The Tenant lied on their rental application or is conducting illegal activities: 7 days

Breach of the Rental Contract: 14 days (the rental agreement may be terminated upon a date not less than 7 business days after receipt of the notice).

End of / No Lease: 30 days

State Law: Ala. Code § 35-9A-421

Nonpayment of Rent: 7 days

Nonpayment of utilities: 5 days

Illegal activity: 5 days

Repeating the same or similar lease violation during 6 months: 5 days

State Law: Alaska Stat. §§ 09.45.090, 34.03.220

Nonpayment of Rent: 5 days

Health/Safety Violation: 5 days

Falsifying basic information on rental application: 10 days

Repetitive Conduct: 10 days

Illegal Activity: Immediately

End of / No Lease: 30 days

State Law: Ariz. Rev. Stat. Ann. § 33-1368

Nonpayment of Rent: 3 days

Illegal Activity: Immediately

End of / No Lease: 30 days

State Law: Ark. Stat. §§ 18-16-101,18-17-701

California

Nonpayment of Rent: 3 days

Illegal Activity: 3 days

Damage to the Property: 3 days

End of / No Lease: 30–90 days, depending on the Lease duration

State Law: Cal. Civ. Proc. Code Part 3, Title 3, Chapter 4 § 1161

Nonpayment of Rent: 3–10 days

Lease Violation: 3–10 days

Illegal Activity: 3 days

End of / No Lease: 1–91 days, depending on the Lease duration

State Law: Colo. Rev. Stat. §§ 13-40-104, 13-40-107.5

Connecticut

Nonpayment of Rent: 3 days

Lease Violation: 15 days

Illegal Activity / Repeat Lease Violation: 3 days

End of / No lease: 30 days

State Law: Conn. Gen. Stat. Ann. §§ 47a-23

Nonpayment of Rent: 5 days

Irreparable Harm: Immediately

Lease Violation: 7 days

Repeat Lease Violation: 7 days

Violating Local or State Laws: 7 days

End of / No Lease: 60 days

State Law: Del. Code Ann. tit. 25, §§ 5501(d), 5502, 5513

Nonpayment of Rent: 3 days

State Law: Fla. Stat. Ann. § 83.56

Oral eviction notice is sufficient.

Nonpayment of Rent: 7 days

End of / No Lease: 60 days

State Law: Ga. Code Ann. §§ 44-7-50, 44-7-52

Nonpayment of Rent: 5 days

Lease Violation: 10 days

Illegal Activity: Immediately

End of / No Lease: 10–45 days, depending on the type of Lease

State Law: Haw. Rev. Stat. §§ 521-68, 521-69

Nonpayment of Rent: 3 days

Lease Violation: 3 days

Illegal Activity: 3 days

End of / No Lease: 30 days

State Law: Idaho Code § 6-303(2)

Nonpayment of Rent: 5 days

Lease Violation: 10 days (14 days in Chicago)

Illegal Activity: 5 days

End of / No Lease: 7–60 days, depending on the type of Lease

State Law: Ill. Comp. Stat. § 5/9-209

Nonpayment of Rent: 10 days

Lease Violation: 10 days

Illegal Activity: 45 days

End of / No Lease: 30–90 days, dependong on the Lease duration

State Law: Ind. Code Ann. §§ 32-31-1-6, 32-31-7-7

Nonpayment of Rent: 3 days

Lease Violation: 7 days

Repeat Lease Violation: 7 days

Illegal Activity: 3 days

End of / No Lease: 10–30 days, depending on the type of Lease

State Law: Iowa Code §§ 562A.27, 562A.34

Nonpayment of Rent: 3 days

Illegal Activity: 3 days

Lease Violation: 30 days

Repeat Lease Violation: 30 days

End of / No Lease: 7–30 days, depending on the type of Lease

State Law: Kan. Stat. Ann. §§ 58-2507, 58-2508, 58-2564(b), 58-2570

Nonpayment of Rent: 7 days

Illegal Activity: 14 days

Lease Violation: 14 days

End of / No Lease: 7–30 days, depending on the type of Lease

State Law: Ky. Rev. Stat. Ann. §§ 383.660(2)

Nonpayment of Rent: 5–20 days, depending on the form of the notice, oral or verbal.

Lease Violation: 5 days

End of / No Lease: 5–30 days, depending on the type of Lease

State Law: La. Civ. Proc. Code Ann. art. 4701

Nonpayment of Rent: 7 days

Illegal Activity: 7 days

Lease Violation: 7 days

End of / No Lease: 7–30 days, depending on the type of lease

State Law: Me. Rev. Stat. Ann. tit. 14, § 6002

Nonpayment of Rent: 10 days

Illegal Activity: 14 days

Imminent Threat / Serious Harm: 14 days

Lease Violation: 30 days

End of / No Lease: 7–90 days, depending on the type of Lease

State Law: Md. Code Ann. [Real Prop.], §§ 8-401, 8-402-1

Massachusetts

Nonpayment of Rent: 14 days

Illegal Activity: 7 days

Lease Violation: 7 days

End of / No Lease: 30–90 days, depending on the type of Lease

State Law: Mass. Gen. Laws ch. 186, §§ 11, 11A, 12

Nonpayment of Rent: 7 days

Damage to the Property: 7 days

Health Hazard: 7 days

Illegal Activity: 24 hours

Lease Violation: 30 days

End of / No Lease: 30 days, dependong on the Lease type

State Law: Mich. Comp. Laws § 554.134(2)

Nonpayment of Rent: 14 days or immediately, depends on the type of Lease

Destruction of Premises: Immediately

Illegal Activity: Immediately

Lease Violation: Immediately

End of / No Lease: 7–30 days, depending on the type of lease

State Law: Minn. Stat. Ann. §§ 504B.135, 504B.291

Mississipppi

Nonpayment of Rent: 3 days

Lease Violation: 14 days

End of / No Lease: 7–30 days

State Law: Miss. Code Ann. §§ 89-7-27, 89-7-45

Nonpayment of Rent: Immediately

Criminal Activity: 5 days

Illegal Activity: 10 days

Lease Violation: 10 days

End of / No Lease: 30–60 days, depending on the type of Lease

State Law: Mo. Rev. Stat. §§ 535.020, 441-060

Nonpayment of Rent: 3 days

Illegal Activity: 3 days

Verbally Abusing the Landlord: 3 days

Unauthorized persons / Pets on the Premises: 3 days

Lease Violation: 14 days

Repeat Lease Violation: 5 days

End of / No Lease: 7–30 days, depending on the type of Lease

State Law: Mont. Code Ann. § 70-24-422(2)

Nonpayment of Rent: 7 days

Illegal Activity: 5 days

Lease Violation: 30 days

Repeat Lease Violation: 14 days

End of / No Lease: 7–30 days, depending on the type of Lease

State Law: Neb. Rev. Stat. § 76-1431

Nonpayment of Rent: 4–45 days, depending on the type of Lease

Illegal Activity: 3 days

Lease Violation: 5 days

End of / No Lease: 5–30 days, depending on the type of Lease

State Law: Nev. Rev. Stat. Ann. §§ 40.2512, 40.253

New Hampshire

Nonpayment of Rent: 7 days

Illegal Activity: 7 days

Major Property Damage: 7 days

Refusal to comply with maintenance: 30 days

Lease Violation: 30 days

Breach of the Rental Contract: 30 days

State Law: N.H. Rev. Stat. Ann. §§ 540:2, 540:3, 540:9

New Jersey

Nonpayment of Rent: Immediately

Illegal Activity: 3 days

Major Property Damage: 3 days

Disorderly Conduct: 3 days

Lease Violation: 30 days

Health / Safety Violations: 3 months

Discontinued Use of the Rental Property: 18 months

End of / No Lease: 7–90 days

State Law: N.J. Stat. Ann. §§ 2A:18-53, 2A:18-61.1, 2A:18-61.2, 2A:42-9

New Mexico

Nonpayment of Rent: 3 days

Illegal Activity: 3 days

Health / Safety Violation: 7 days

Lease Violation: 7 days

End of / No Lease: 7–30 days, depending on the type of Lease

State Law: N.M. Stat. Ann. § 47-8-33(D), 47-8-37

Nonpayment of Rent: 14 days

Nonpayment of Taxes: 3 days

Illegal Activity: No statute

Lease Violation: 10 days

End of / No Lease: 15–30 days, depending on the type of Lease

State Law: N.Y. Real Prop. Law § 235-e(d); N.Y. Real Prop. Acts. Law § 711(2)

North Carolina

Nonpayment of Rent: 10 days

Illegal Activity: No statute

Lease Violation: No statute

End of / No Lease: 2–31 days, depending on the type of Lease

State Law: N.C. Gen. Stat. §§ 42-3, 42-14, 42-26

North Dakota

Nonpayment of Rent: 3 days

Damage to the Property: 3 days

Illegal Activity: 3 days

Lease Violation: 3 days

End of / No Lease: 30 days

Breach of the Rental Contract: 3 days and no more than 15 days from the date on which the summon of a proper district court is issued.

State Law: N.D. Cent. Code § 47-32

Nonpayment of Rent: 3 days

Illegal Activity: 3 days

Material Health / Safety Violation: 30 days

Lease Violation: 3 days

End of / No Lease: 7–30 days, depending on the type of Lease

State Law: Ohio Rev. Code Ann. § 1923.02

Nonpayment of Rent: 5 days

Illegal Activity: Immediately

Lease Violation: 15 days

End of / No Lease: 7–30 days, depending on the type of Lease

State Law: Okla. Stat. Ann. tit. 41, §§ 131, 132

Nonpayment of Rent: 3–6 days, depending on the type of Lease

Illegal Activity: 24 hours

Providing False Information: 24 hours

Unpermitted pet: from 24 hours to 20 days, depending on the damage caused by the pet

Drug/Alcohol-Free Housing Violation: 48 hours

Lease Violation: 7–30 days, depending on the type of Lease

End of / No Lease: 10–30 days, depending on the type of Lease

State Law: Or. Rev. Stat. Ann. §§ 90.394(2)(a), 90.392

Pennsylvania

Nonpayment of Rent: 10 days

Illegal Activity: 10 days

Lease Violation: 15–30 days, depending on the type of Lease

End of / No Lease: 15–30 days, depending on the type of Lease

State Law: 68 Pa. Cons. Stat. Ann. § 250.501(b)

Rhode Island

Nonpayment of Rent: 5 days

Illegal Activity: Immediately

Lease Violation: 20 days

End of / No Lease: 10–90 days, depending on the type of Lease

State Law: R.I. Gen. Laws § 34-18-35, 34-18-36, 34-18-37

South Carolina

Nonpayment of Rent: 5 days

Illegal Activity: Immediately

Lease Violation: 14 days

End of / No Lease: 7–30 days, depending on the type of Lease

State Law: S.C. Code Ann. §§ 27-37-10(B), 27-40-710(B)

South Dakota

Nonpayment of Rent: 3 days

Lease Violation: Immediately

Sale of the Rental Property: 3 days

End of / No Lease: 7–31 days, depending on the type of Lease

State Law: S.D. Codified Laws §§ 21-16-1(4), 21-16-2, 43-32-18, 43-32-15

Nonpayment of Rent: 14 days

Illegal Activity: 3 days

Health / Safety Violation: 3 days

Curable Lease Violation: 14 days

Incurable Lease Violation: 30 days

Subsequent Violation: 7 days

End of / No Lease: 10–30 days

State Law: Tenn. Code Ann. § 66-28-505

Nonpayment of Rent: 3 days

Breach of the Rental Contract: 3 days or other term for certain tenancies as specified in § 91.001.

State Law: Tex. Prop. Code Ann. §§ 24.005, 91.001

Nonpayment of Rent: 3 days

Illegal Activity: 3 days

Lease Violation: 3 days

Subleasing: 3 days

End of / No Lease: 5–15 days, depending on the type of Lease

Breach of the Rental Contract: 3 days

State Law: Utah Code Ann. § 78B-6-802

Nonpayment of Rent: 14 days

Illegal Activity: 14 days

Lease Violation: 30 days

Sale of the Rental Property: 30 days

End of / No Lease: 7–90 days, depending on the type of Lease

State Law: Vt. Stat. Ann. tit. 9, § 4467(a)

Nonpayment of Rent: 5 days

Illegal Activity: Immediately

Lease Violation: 30 days

End of / No Lease: 7–30 days, depending on the type of Lease

State Law: Va. Code Ann. §§ 55.1-1245, 55.1-1250, 55-225, 55-222, 55-239

Washington

Nonpayment of Rent: 14 days

Illegal Activity: Immediately

Curable Lease Violation: 10 days

Incurable Lease Violation: 3 days

End of / No Lease: 20 days

State Law: Wash. Rev. Code Ann. §§ 59.12.030(3), 59.18.057, 59.18.650

West Virginia

Nonpayment of Rent: Immediately

Lease Violation: Immediately

End of / No Lease: 7–90 days, depending on the type of Lease

Breach of the Rental Contract: The landlord can immediately provide an eviction notice.

State Law: W.Va. Code § 55-3A-1

Nonpayment of Rent: 5 days.

Illegal Activity: 5 days

Lease Violation: 5–30 days, depending on the type of Lease

End of / No Lease: 7–28 days

State Law: Wis. Stat. Ann. §§ 704.17, 704.19

Nonpayment of Rent: 3 days

Lease Violation: 3 days

End of / No Lease: 30 days

State Law: Wyo. Stat. Ann. §§ 1-21-1002 to 1-21-1003

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