A landlord is the owner of any property -- a house, condominium, apartment or other real estate -- that is rented out for the use of others (tenants). One of the landlord's many responsibilities is managing tenants, which may include making sure they pay rent on time, don't cause property damage or disturb other tenants. If a tenant does not abide by these rules, it may be time for eviction. The process of writing a notice of eviction is therefore something every landlord should learn.
Consult an attorney in your state for more information on the eviction process specific to the area the property is in. Depending on where you are, there may be some extra steps you have to take either before or after you write the notice. In New Jersey, for example, prior notice of an infraction must be given to the tenant well before any action is taken against him. If you want a court eviction notice sent (if the resident ignores your first notice or if you want a notice with more authority), you will need to go to your local courthouse. In this instance, the resident will be automatically subject to legal action if he still refuses to move out.
Type "Eviction Notice" or "Notice of Eviction" on the top centre of the paper. You can put this in a bolder font than the rest of the notice, but the entire document should be in standard 12-point font.
Start your notice with the date. The date is vital because you also will have to give the tenant a certain amount of time to vacate the premises. This time can range anywhere from three days to 90 days. Shorter time periods generally mean more serious violations on the tenant's part. Just to avoid confusion, you should also include the specific end date along with the time period.
Write the tenant's full name and the address of the occupied property. Including these items also helps prevent confusion and makes it clear for whom the notice is intended. All of this will give you more legal backing if the tenant does not vacate on time or chooses to challenge the eviction in court.
Your full name, address and telephone number need to be included as well. This can go at the top or bottom of the notice.
Explain that the form is an eviction notice. Follow this with the exact reasons the tenant is being evicted. "Failure to pay rent" is one example. If you are giving a short time period to vacate, such as three days, you must be very specific and clear in the reasons for eviction.
Make at least two copies of the eviction notice -- one for yourself and one for the tenant. It is best to serve the notice to the tenant personally. This way, you will be sure that he has seen it and is aware that he has to vacate.
Seek out legal help if the tenant chooses to ignore your notice of eviction or creates further problems. Maintain professionalism while creating the notice. Your personal feelings toward the tenant or his actions, however strong, have no place here.
Be very careful with any tenants who refuse to cooperate. If you decide to "take matters into your own hands" or use more drastic measures to get them to vacate, they can use the law against you.
Tips and warnings
- Seek out legal help if the tenant chooses to ignore your notice of eviction or creates further problems.
- Maintain professionalism while creating the notice. Your personal feelings toward the tenant or his actions, however strong, have no place here.
- Be very careful with any tenants who refuse to cooperate. If you decide to "take matters into your own hands" or use more drastic measures to get them to vacate, they can use the law against you.
Things you need