How to write an eviction notice to tenant and how to evict a tenant

No matter how well you screen your tenants, it's possible to end up with one you have no choice but to evict. If you've given the person time to pay or repair damage, and you've lost hope of getting what you're owed, it's time to take steps to make the person vacate the premises. The laws for evicting a tenant are different in every state, and it's very important that you follow the requirements perfectly to get the results you want. Read on to learn how to determine whether eviction is necessary, serve a notice, go to court and collect those payments you've been waiting for.

Part 1 of 4:

Deciding to Evict

1

Determine if you have just cause to evict. Evicting a tenant is something that should be done as a last resort, and you must have just cause to do it. Having a personality conflict or disliking your tenant for other reasons probably doesn't count as legal grounds to evict. However, if your tenant won't pay rent or is engaging in illegal activity on the premises, you might have grounds to evict. The laws differ from state to state so look into your state's laws to find out if you have just cause. The following causes are usually grounds for eviction:

The tenant hasn't paid rent.

The tenant has violated the terms of the lease (such as getting a dog even though the lease explicitly states that no pets are allowed).

The tenant has severely damaged the property.

The tenant is conducing illegal activity, such as selling drugs from the property.

You wish to evict the tenant for your own reasons, and your state's laws entitle you to do so. In some states a landlord can evict a tenant with 30 to 60 days notice for reasons unrelated to the tenant's behavior. For example, a landlord may need to evict tenants if he or she sells the building.

2

See if you can reason with the tenant first. You might be able to get the outcome what you want without resorting to eviction. In this best-case scenario, the tenant pays up or otherwise amends the situation without your having to issue a formal notice. You can call the tenant or meet in a public place to discuss the problem.

• Calmly and clearly let the tenant know that if he or she doesn't correct the situation, you'll have to take formal steps to collect what you're owed.
• Do not issue threats or try to intimidate the tenant. This could get you in legal trouble later.

3

Know your state's laws. In addition to learning about the US Landlord and Tenant Act^[1], which specifies certain standardized laws that may have been adopted in your state, you should get familiar with the specific version of the laws in your state. Do an online search for landlord tenant laws in your state and carefully read the laws and the instructions on how to evict a tenant.

• Information and forms about landlord tenant laws in your state should also be available from your local courthouse.
• Getting familiar with your state's laws will help you navigate what can be a complicated process. It's very important to follow each step correctly so that the tenant doesn't end up getting the upper hand.

Part 2 of 4:

Giving Notice of Eviction

1

Fill out an eviction notice, naming all the tenants and other occupants. Use the proper forms for your state^[3] and jurisdiction when handling a tenant eviction; never use generalized forms or forms that you created, since they might not have the exact information you need to legally evict a tenant in your state. In most cases, your state will provide a template for one of the following types of eviction notices:

• Pay Rent or Quit Notice: This is used when rent has not been paid. The tenant is given a set number of days by which to pay rent or move out. Failure to do either results in eviction.

1

Fill out an eviction notice, naming all the tenants and other occupants. Use the proper forms for your state^[3] and jurisdiction when handling a tenant eviction; never use generalized forms or forms that you created, since they might not have the exact information you need to legally evict a tenant in your state. In most cases, your state will provide a template for one of the following types of eviction notices:

• Pay Rent or Quit Notice: This is used when rent has not been paid. The tenant is given a set number of days by which to pay rent or move out. Failure to do either results in eviction.

Unconditional Quit Notice: This is used when the tenant faces eviction for extreme violations like destroying property, other violent crimes, or not paying rent for months, even if he or she pays the rent or attempts to correct the situation. Use this type of notice when you want the tenant out no matter what.

30 to 60-day Notice to Vacate:This type of notice is used when you need to end a month-to-month lease, even if the the tenant did nothing wrong.

2

Serve the Notice. Tape it to the front door and send it in the mail. This is the most common procedure to follow, but it could be different in your state, so make sure to double check. In order to make sure there's no question whether the tenant received the notice, tape a copy to the front door of the house or apartment and send another copy through the certified mail.

• Although you may be tempted to rely upon an informal text, email or even oral notice to the tenant, you must supplement that with "proper written notice", as required by your state laws, if you plan to follow through with an actual eviction by court order.
• It's very important to follow the correct procedure for notifying the tenant of the impending eviction. If you have to go to court later, you don't want the tenant to be able to tell the judge that he or she wasn't properly notified. This argument is commonly used against landlords in court. A case that should be in the bag because the tenant hasn't paid rent in 5 months could become very complicated if you don't follow the rules from the beginning.

3

Wait for the tenant to respond. In many cases, this official notice will light a fire under the tenant and compel them to pay or leave. Wait the entire allotted time before taking any further action. If the tenant does not leave, it's time to get serious and take it to court.

4

Do not attempt to forcibly evict the tenant on your own. Never threaten the tenant, put the person's possessions out on the street, turn off their utilities, or try to forcibly remove the tenant on your own. Any of these actions could bring you big legal troubles when its time to go to court. From this point on you need to be extremely careful to follow the process dictated by your state laws. No matter how upset you might be, it's better to play by the book.

4

Involve the police if the tenant still won't leave after being ordered to do so.

If the tenant still refuses to leave, even after attending a court hearing and getting formally evicted, wait the allotted amount of time and go back to the courthouse to involve the sheriff. In most states you have the right to go to the property with the police, who will forcibly remove the tenant if necessary.

• After the tenants have vacated or been ejected, make arrangements to have the locks changed and the tenants' belongings moved to storage, as may be required by law.
• Again, be sure to know your state's laws and follow them to a T to the very end. If you try to remove the tenant on your own, or if you get rid of his or her property not in accordance with the law, the tenants could end up having a case against you.