While the notice is NOT a court order to leave, do NOT ignore it. An Eviction (Unlawful Detainer) is the process of legally removing a tenant from a residential property. Talk with your Landlord and come to a mutual understanding. Notice to Comply or Vacate (Lease Violation), (Video) How to Evict a Tenant – Easy Instructions, Uniform Residential Landlord and Tenant Act. The following downloadable eviction notice template is for when your tenant has failed to pay rent, also known as a notice to pay rent or quit. Other states have unique requirements. Upon receiving, the tenant will have a specified number of days to either comply or vacate the property. Having a simple conversation may be the cheapest way to resolve the problem. Some states require different notice periods depending on whether the Tenant materially breached the lease agreement. Even though the Tenant is being asked to leave by a certain date, the Tenant has the right to stay in the Premises until a judge has heard from both the Landlord and the Tenant. If the Lease is ambiguous or does not cover the situation at hand, you might also consider local mediation or arbitration resources available in your town or city. The second column details what kind of notice should be delivered if the Tenant has failed to pay rent, while the second column shows the minimum number of days a Landlord must give a Tenant to fix or “cure” the problem or else “vacate” and leave the premises. A notice is not needed if the Landlord and Tenant are able to resolve the problem by themselves. If this is the case, enter the starting date in which the lease first began and also the termination date in which the lease will end. Depending on your economic situation, you may qualify for subsidized or free legal services. Check the appropriate violation statement and enter the information accordingly. A Texas Eviction Notice is the first step towards legally evicting a tenant. Additionally, past evictions show up on background checks. A Tenant at Will is usually staying on the premises with the Landlord’s permission, so states often give such Tenants more advanced notice (i.e., 30-day notice). The process makes sure that both the Tenant and the Landlord receive fair treatment. (855) 335-9779, Monday-Friday, 10AM - 6PM EDT. A curable notice allows the tenant to “make right” or “cure” the issue. Evictions in Utah. Federal law protects Tenants from discrimination based on race, color, religion, sex, national origin, family status (children v. no children), and disability. What Should be Included in the Eviction Notice? For example, if the Landlord was required to give a 10-day notice but only gives a 3-day notice, the Tenant may be able to claim that you violated their right to due process. Landlords need to follow their State’s eviction procedure laws and can not physically remove a tenant from their property. 2. It pays to avoid an eviction and resolve problems outside the court. Common names are: Lease Agreement, Rental Agreement, or Residential Lease Agreement. It is very important that the landlord provide requisite notice before commencing an action in court to have the tenant evicted. The document must follow the required number (#) of days of notice in order to cancel stated either in the lease or found in the State Statutes. Contact government agencies and offices. Neither the Tenant nor the Landlord can be deprived of “property” in the form of either housing for the Tenant or rent money for the Landlord following appropriate legal procedures and safeguards. It is desirable in most cases to avoid serving an eviction notice to save both parties time, energy, and expense. Download: Adobe PDF, Microsoft Word (.docx). Would the Tenant be willing to pay for the cost of repair to fix the damage caused to the premises? Reason for Eviction and Corresponding Notice Titles, Most states give more protection to a “Tenant at Will” than a “Tenant at Sufferance.”. Both notices let your renters know that you are electing to end the tenancy. provide both Tenants and Landlords different due process protections, is more than $10,000, according to an article by Cozy, Vacation Rental Short Term Lease Agreement, Notice to Demand Payment for Failure to Pay Rent, Notice to Terminate Lease for Failure to Pay Rent, Notice of Intent to Terminate Lease for Nonpayment of Rent, Notice of Termination for Nonpayment of Rent, seriously damaged (or is currently damaging) the Premises, committed a crime on the premises (like selling drugs or running a prostitution business), Intimidate or harass the Tenant to move out, Physically remove the Tenant (i.e., Uncle Vinny can NOT help you), Cost of replacing damaged furniture or belongings, Attorney fees to defend an unlawful eviction, Some states require Landlords to pay up to $100 per day for each day of unlawful self-help (i.e., check your local landlord-tenant housing laws), Attorney fees to defend the Landlord from an unlawful eviction, Human Rights and Human Services Department, Dress modestly and appear professional (i.e., wear your Sunday best), Be courteous to the other party (i.e., no yelling or name-calling), references from past Landlords and property managers, Inspect the premises for maintenance like painting and heating, Check whether the lease or rental agreement is being complied with, The Name and Date of the original Lease Agreement, A reference to the Lease about how the Tenant can fulfill their promise, The notice is in effect (the “Notice Date”), The Tenant must pay rent or leave the Premises by a certain date (“Deadline”), Pay Rent or Quit Notices (“Failure to Pay Rent”), Unconditional Quit Notices (“Ending a Month-to-Month Tenancy” or “Holdover Tenant”). Deliver the notice by posting it to the tenant’s door while also sending it by Certified Mail with Return Receipt Requested via USPS. An eviction notice is the first step in the eviction process, and must be used to notify tenants of an impending or possible eviction. Legal Templates cannot and does not provide legal advice or legal representation. The Landlord must provide livable premises. You will want to have the original lease handy as you will need the information in order to complete the eviction notice. More than ⅔ of housing laws in the U.S. do not have a minimum notice requirement for eviction notices when Tenants continue to stay even after their lease has expired. Communicate and be flexible with the tenant, allowing them more time to cure unpaid rent. If the security deposit isn’t enough, collecting is handled by going through a small claims court. Otherwise, only a 15-day notice is required. It also notifies the Tenant that both parties may need to go to court to continue the eviction process. A 3-Day Notice to Quit will be used in for-cause eviction situations and a 30-Day Termination Notice will be used in no-cause evictions. Enter the day the notice was delivered, tenant’s name, check the appropriate delivery method, and lastly your signature. Chances are, if the tenant doesn’t have enough money to pay rent, they won’t be able to afford an attorney and due to evictions being a civil matter, they won’t be able to obtain a public defender – therefore, the tenant will be defending themselves in court and that makes it a pretty easy case for you, the landlord. Here is an infographic roadmap describing the process from start to finish, and the various ways it can be resolved: The sample eviction notice below is a record of a notification given by the landlord, ‘Sarah R Cooper’, to the tenant, ‘Margaret A Burgess.’ Sarah R Cooper wishes to let Margaret A Burgess know that the lease has been terminated, and she needs to leave the premises. As the landlord, you need to send the correct type of eviction notice (30-day eviction notice is the most common) but you need to be 100% certain and check with your State. Utah Code (like 30-37-5) Court Rules (like URCP 26) Find a Hearing Date (Court Calendars) ... Utah Code 78B-6-802. The address and a description, if any, of the property you are seeking to possess; A description of the reason for the eviction; A detailed account as to how and when the notice to vacate was delivered; An accounting of all unpaid rent and dues at the time of filing; and. A 30-Day Notice to Vacate or a 60-Day Notice to Vacate to terminate a tenancy can be used in most states when the landlord does not have a reason to end the tenancy. If the Tenant does not voluntarily vacate or move out, even after the judge issues an official court order, a sheriff or other law enforcement officer may forcibly remove the Tenant and their belongings. In the event that the tenant does not move out at the end of their allotted timeframe, you may contact your local sheriff’s department and the sheriff will escort the tenant out of your property along with their possessions. If a Landlord does not strictly follow the proper procedures, the Tenant can challenge the eviction process on a technicality and force the Landlord to re-start the whole process. Depending on how much is owed to you, you may want to consider whether collecting is worth your time. 3. Typically, the eviction notice period can range between 0 and 30 days depending on the state, with the most common times being 3, 5, or 7 days. Most state eviction laws agree that Tenants should pay their rent on time. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. This means that the court will move forward with the case very quickly, and the Tenant has a short time to respond to the lawsuit. The Massachusetts eviction notice forms are used by a landlord to let a tenant know that the lease is terminating and that they have to move out. As a landlord, do not take matters into your own hands by changing locks, physically removing the tenant yourself or by someone on your behalf, harassing, shutting off utilities or any other method of removal except by going through the court system. Notice to Comply or Vacate – Should be given to the tenant for any lease infraction other than the non-payment of rent. An eviction will be in the public record for a period of seven (7) years. The more organized your story and documents are, the more grateful the judge will be for helping them understand and resolve your problem faster. In some cases, the landlord may believe the problem is not fixable and send what’s known as an incurable eviction notice. Home Legal Documents Eviction Notice. In some states like Massachusetts, the housing court may offer something akin to a Lawyer for a Day program, which provides limited legal advice on a pro bono (free) basis to tenants and landlords on a first-come, first-served basis. If you do not send an eviction notice form, you may not begin the process of kicking out the Tenant. If the tenant is late paying rent, there are some procedures a landlord can follow. Having been evicted, you may find it is harder to find housing in the future since a rental application usually requires a background check. An eviction notice is a formal letter from the Landlord to the Tenant and officially explains: 1. For example, if you suddenly move out of a month-to-month unit where 30 days’ notice is required, the landlord will probably simply deduct from your security deposit the amount of rent you would have paid if you had delivered the required notice. If you wish to send your tenant an eviction notice for a different reason, or if you simply wish to save time, you can use our software to create your eviction notice online. Other attorneys who are very familiar with the local housing process may only charge a flat fee. Otherwise, the tenant has rented the premises for less than one year; the landlord is only required to provide a 15-day notice. What 5. There are mainly 3 different ways a tenant can violate their lease: Failure to pay rent, non-compliance issue, or by committing an illegal act on the property. If the tenant has not cured the violation within the time frame set forth in the notice to quit, you can now go to your local county courthouse by bringing a copy of the Return Receipt and filing for the eviction. When the landlord is ready to end the ongoing arrangement, he needs to serve an eviction notice (usually a 30-Day Notice). What happens (as a tenant) when you get evicted? Do not try to evict a tenant without a valid reason (failure to pay rent, violating lease terms, etc. The first column explains how the notice should be delivered. The Tenant has a certain amount of time to correct or “cure” a problem like violating a no smoking or no pet policy. In most cases, it can not be stopped, unless somehow the tenant wins the lottery and pays back all dues, but even in that unlikely scenario – a landlord would want the tenant gone. Otherwise, they must leave or “quit” the Premises. If you don’t enjoy unexpected and unnecessary costs, you can take the following steps to avoid these problems and save yourself a big headache. Landlords in Utah are empowered to evict tenants for the following reasons: Nonpayment of rent – If a tenant fails to pay rent then the landlord may issue a 3-Day Notice to Pay or Quit after any applicable grace period. Please be aware that our agents are not licensed attorneys and cannot address legal questions. Alternative dispute resolution services can sometimes serve as a faster and cheaper alternative to the traditional court process. The average cost to evict a Tenant is more than $10,000, according to an article by Cozy in the August 2015 edition of Landlord Property Management Magazine for the San Francisco metro area. It is illegal for a Landlord to evict a Tenant for reporting a housing code violation to the building inspector. For example, a Tenant engaging in illegal activity like selling drugs would definitely be considered a “material” breach. Alternative ways to rid tenants without going through an eviction: A writ of possession is a court order that gives permission to the local sheriff to remove a tenant from the landlord’s property, which is the final act in the eviction process if a tenant refuses to leave their dwelling. In order to officially start the eviction process, you need to deliver an eviction notice (also known as a “notice to quit”) to your tenant. You should come to court prepared with all the documentation, including but not limited to: the original signed lease agreement, records of payments, communication records, written notices, and the notice to quit. Of note, six states empower Landlords and Tenants to decide on the notice requirements and refer Landlords back to the original lease or rental agreement. Each of these steps requires using specific forms to notify the Tenant (all of which you should save copies of): Here is a table of the top ten states where eviction notices may be needed. In this example, the landlord must give the tenant at least 30 days notice. View Details: ... (eviction notice) The notice to vacate can be served by any person, including the landlord. To legally evict a tenant, from the very first action taken by a landlord by sending a notice to quit to obtaining a judgment in court, it will take a minimum of 1 month but realistically it can take up to 2 or 3 months if the tenant holds out. causing a nuisance), or remaining in the unit after their lease has expired (holdover tenants). In this example, the tenant failed to pay rent on-time, therefore, we selected the first paragraph which demands the tenant to pay past due rent. For example, your attorney would agree beforehand that if you win, the attorney will subtract court costs like filing fees and a fixed percentage (usually one-third) from the amount won. 3. People are often confused that one term means different from the other but in fact, the term Eviction is more widely used to describe a landlord bringing a case against a tenant to obtain a court order (civil case) to legally obtain possession of a property from a tenant. The complicated and detailed statutory procedures for an eviction process tries to protect the rights of BOTH Landlords and Tenants. If the tenant still does not pay then the landlord may file for eviction. As a reference, there are three kinds of notices: 1. Three states require a 10-day notice for late rent (Indiana, North Carolina, Pennsylvania), while another three states require a minimum of 14-days (Massachusetts, Tennessee, Vermont). © 2021 Electronic Forms LLC. An eviction notice allows the Landlord to START the eviction process in court if the Tenant cannot resolve the problem and comply with the lease agreement. There can also be different notice periods for non-payment of rent compared to other lease violations. Even if you do not have the means to pay, some attorneys may also accept clients on a contingency basis, so you only pay if the attorney is successful. In Montana, landlords must give a 14-day notice to cure or quit, but a shorter 3-day notice is allowed if the tenant violated a pet or guest policy. Did the Tenant have a death in the family, suffer a work injury, or lose their job? Once a resident receives an eviction notice, which should typically come 30 or 60 days ahead of the eviction date, here are … Rent Control Exceptions. First City Court Clerk Austin Badon is bracing for a surge of eviction filings in New Orleans starting August 25, when the 30-day notice ends since the CARES Act expired. For instance, if you live in Maine, Landlords may give a 7-day notice if the Tenant materially breaches the lease or rental agreement. See the chart below for a few variations. The certificate of service is a written oath by the landlord stating when and how the notice was delivered to the tenant. Perhaps there was a misunderstanding about the terms of the Lease? If a tenant goes 6 months into a 1-year lease without ever being late on their rent payment and has never caused a nuisance – this would be regarded as a good tenant worth solving problems with, on the other hand, a tenant that pays rent past due every month while throwing parties on weekends may be a “problem child” tenant. Perhaps the Landlord started treating the Tenant differently once they met their same-sex partner or started dating a person of a different race or nationality? Complete the first paragraph by entering the address of the property and the number of days the tenant has to cure the violation (In our example, we entered 10 days due to that being the minimum amount of time needed in the State of New York). What If You Change Your Mind? An eviction notice is a letter sent by a landlord to a tenant to inform them that they must fix a certain problem or vacate the property within a certain number of days. By all means, you never want the situation to escalate that far and it’s always best to try to resolve the situation from the beginning. The eviction process is also known by the following terms: Generally, the eviction process is a “summary” court procedure. Find important information on what to do about your case and where to find help on our Alerts and Information Page due to the impact of the COVID-19 outbreak.. El poder judicial de Utah está comprometido a la administración de justicia de una manera abierta, justa y eficiente bajo la ley. No one wants the insecurity of finding themselves homeless without any warning. Allow the tenant to break the lease without penalty. Most states allow Landlords to begin eviction proceedings in court immediately. Instead of waiting months for a judge to hear the case, the Landlord and Tenant can appear before the local court relatively soon after the Landlord files a complaint. A Landlord should consult their local housing laws and carefully follow the strict steps needed to evict a tenant properly. Here’s an easy to understand chart describing the differences: Generally, the rules and regulations governing the process provide both Tenants and Landlords different due process protections. An eviction notice should answer: 1. Who 2. Some states expand these protections and prevent Landlords from discriminating based on marital status (single v. married), sexual orientation (LGBTQ v. straight), and military or veteran status. Notice to Pay ($) or Vacate – The most common reason for eviction. Maybe the Landlord is unlawfully retaliating against the Tenant for reporting a housing code violation (i.e., retaliatory eviction)? Only fill this section out if the tenant is renting on a monthly basis. When, 4. What should be done to fix the problem. Each State has its own eviction laws, while many States use the Uniform Residential Landlord and Tenant Act (Alabama, Alaska, Arizona, Connecticut, Florida, Iowa, Kansas, Kentucky, Michigan, Mississippi, Montana, New Mexico, Nebraska, Oklahoma, Oregon, South Carolina, Tennessee, Virginia, and Washington). A Landlord may not ask for more rent than is actually due. are valid reasons to evict a tenant). Landlords in Pennsylvania, however, must provide a 30-day notice to evict a holdover Tenant if the premises were rented for more than one year. Sometimes a sincere apology, candid communication, and an honest willingness to cooperate can save both the Landlord and Tenant time and money in the long term. However, an eviction notice is needed if the disagreement cannot be solved, and the Landlord wants to end the lease agreement and properly ask the Tenant to leave by a certain date. The prevailing party is typically entitled to recover all court costs. Some states require Landlords to store these abandoned belongings for a certain time, while others allow Landlords to sell these items, but only after they have contacted the Tenant, posted a notice in the newspaper, or followed other strict procedures. Copyright 2021 Legal Templates LLC. Once the notice period has ended, a landlord will have to choose the court in which to file the Summary Process Action. In this example, we will show you (the landlord) how to fill-in your notice to quit. Eviction notices are usually sent if the tenant has failed to pay rent, but are also used if the tenant has violated the terms of the lease agreement. Perhaps the Tenant withheld rent and did not pay because the Landlord did not fix the air conditioner? Follow the Eviction Laws in your State. Maybe the Landlord is willing to work out a payment plan for missed rent payments? 3 day notice to pay or vacate. It’s also important to note that each state has its own laws and requirements for eviction notices, so you may need a notice specific to your state, which you can find below. Remember to prepare beforehand and practice giving a short and clear explanation of what happened. There are two (2) types of notices, curable and incurable. The process is akin to an expedited lawsuit by the Landlord (i.e., Plaintiff) against the Tenant (i.e., Defendant). As a general rule, laws exist to create a safe and orderly world. As a client, be sure to ask detailed questions about the fee structure and expected costs. A COURT ORDER is needed before a Landlord can evict a Tenant. Bear in mind that as a Landlord, you should avoid having to evict a Tenant at all costs, as it is expensive and time-consuming. The Landlord MUST receive a court order or judgment from the court to make you leave. Use our Eviction Notice to remove a tenant from your rental property. Why 3. In the hurry of voluntarily moving out asap, the Tenant may also leave their furniture and personal belongings. As a Tenant, you may have good reasons for not being evicted. Similarly, everyone wants to get paid for the housing services they offer. Society as a whole benefit from Landlords getting paid on time and Tenants having access to a home. In the state of California, landlords in rent-controlled cities are not allowed to terminate a tenancy without cause, and cannot evict rent-controlled tenants simply because the rental period has ended.. 30/60-Day Lease Termination Notice for “At-Will” Tenants. The Landlord MUST use the court-administered eviction process to remove the Tenant from the Premises. Even if a Tenant may be actively damaging the Premises, a Landlord may NOT resort to self-help measures. Where 4. More than a third of the states require Landlords to give a minimum 3-day eviction notice when rent is late or overdue, while almost a quarter of the states require a minimum of 5-days, and only six states require 7-days. Notice is notice—there’s no retraction period. Common reasons for using this notice include a tenant being late on rent, violating the terms of their lease, violating a law (e.g. Pay for damages incurred by the Tenant, 3. Before a Landlord is tempted to sell off these abandoned personal items, it is wise to check local and state laws. If the Tenant has not violated the lease, a Landlord may not ask the Tenant to leave prematurely before the Terms of the Lease have expired. In addition to not having a place to live, your credit may also suffer. Some states like Colorado and Connecticut are more landlord-friendly and require only a 3-day notice, while landlords in Wyoming are not required to give any advanced notice. An incurable notice requires the tenant to vacate the property by a specific date. In most states, self-help measures are ILLEGAL. An eviction notice is a formal letter from the Landlord to the Tenant and officially explains that the Tenant must fix or “cure” the problem, or move out by a certain date. If you receive an eviction notice, try the following immediately: 1. Illegal Activity – Terminates the lease between the landlord and tenant immediately. In the first blank space after the word “To:”, enter the name of the primary tenant on the lease agreement. How to get rid of tenants without an eviction? It must be served in one of the following ways: The notice serves as a written record that the Landlord properly notified the Tenant of a problem and gave them a chance to solve the problem. However, if you must, Tenants commonly receive an eviction notice for these reasons (i.e., “Landlord’s grievances”). If a Tenant has broken one of their promises in the, The Consequences of Not Sending an Eviction Notice, The Most Common Reasons for Receiving an Eviction Notice. Further, each state has a different name for an eviction notice. The Utah Investigative Journalism Project reviewed more than 1,000 eviction cases, among them 390 cases in which the Cullimore firm later sought to add damages to old evictions. No matter the case, if the tenant simply does not have the money, as a landlord from a business standpoint, the tenant must be evicted. Personal and work time to attend court, 5. Ultimately, only the courts have the power and authority to decide whether an eviction can legally take place. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. In most cases, you will not receive your security deposit, as that money is used to pay for unpaid rent, legal costs, and moving costs (in the event you are unable to remove your furniture and belongings). An increase in homelessness would further burden municipal services, so some local governments invest resources in providing housing assistance to prevent such problems. This is the address and location of the property (or “Premises”) being leased or rented out. How to Handle a Nursing Home Eviction Notice. Unconditional Quit Notices (End “Month-to-Month”). Montana may win the award for the most unique notice requirements. Download: Adobe PDF, MS Word (.docx), OpenDocument. If a Tenant has broken one of their promises in the lease agreement, nine states require that Landlords give Tenants a minimum 3-day eviction notice. States vary widely on the minimum number of days a Landlord should give Tenants to cure the default (i.e., no longer violate a provision of the lease). There are several things residents can do if they receive an eviction notice from their nursing home. Your lease or rental agreement should have the title or name of the document at the top. Return their security deposit pending that the tenant returns possession of the property back to you. “I’ve had one resident agent who already put us on notice that he’s bringing 250 evictions, so … Use of this site is subject to our Terms of Use. Otherwise, Landlords in Maine must give a 30-day notice for lease violations. The Tenant has 3 to 5 days (but check your local housing laws) to pay rent or leave. How long does an eviction stay on your record (credit report)? Be sure to include any room or apartment number as part of the street address, if it applies to your type of housing. Neighbors may be troubled by the excessive fighting, noise, or police presence caused by fighting at home, but a Landlord may not be able to evict victims of domestic violence (“DV victims”) depending on state and local laws. Mental anguish and torture of Tenant delaying the eviction process. The Tenant and Landlord may need to go to court to continue the eviction process. Unfortunately, there are not many ways to remove a tenant without having to legally go through with the eviction process as it is illegal to forcefully remove a tenant without a court order. A Tenant at Will is usually staying on the premises with the Landlord’s permission, so states often give such Tenants more advanced notice (i.e., 30-day notice). Although, it might take a while for you to collect your money. Sending – It is highly recommended the landlord send by certified mail return receipt or hand-deliver to the tenant in order to have proof of their acceptance. Interestingly, eight states do not require a minimum notice since the lease already spells out the obligations, and the Tenant is perhaps assumed to break the lease knowingly. For example, housing must be fit for human habitation and have necessities like heat and running water. Of note, if you live in California or Kentucky, be sure to check your local housing and landlord-tenant eviction laws for the latest requirements since minimum notice requirements for an eviction notice vary widely in each municipality. The good news is that an eviction is not stated on a credit report. If you win the case, the court will allow the tenant a small amount of time in order to pack up and leave, typically 1 weeks time.