Generate an Eviction Notice with LegalZone

What Is an Eviction Notice?

Also referred to as a “notice to quit,” an eviction notice is a letter sent from a landlord to a tenant describing a violation or termination of the lease. Once the tenant receives the document, they have a specified number of days to amend the infraction or move out.

What Is the Difference Between Curable and Incurable Eviction Notices?

Curable eviction notices give the tenant the option of fixing the issue—like paying the rent due. The tenant can choose to make everything right or simply move out.

Incurable eviction notices don’t give the tenant the option of fixing the issue. The landlord has determined that the tenant must move out no matter what.

What Are Common Reasons for Sending an Eviction Notice?

State laws have different rules about how specific a landlord needs to be when describing the reason for the notice, so it’s essential to check your local ordinances.

Problems that you can legally issue an eviction notice for include:

• Late rent
• Consistently late payments
• Breach of the lease agreement
• Property damage
• Health/safety hazards
• Illegal use of the rented space
• Disruption of other tenants

Problems that you cannot legally issue an eviction notice for include discriminations based on:

• Age
• Race
• Religion
• Gender

What Is the Process of Evicting Someone?

When a problem occurs with a tenant, the landlord can initially try to solve the problem directly. If the issue can’t be solved through verbal negotiations, the landlord drafts a curable or incurable eviction notice and delivers it to the tenant.

If the tenant does not move out or amend the problem within the time frame set on the eviction notice, the landlord files the eviction papers with the local court. A hearing date will be set, and both parties must show up.

One or both parties should bring the lease, the eviction notice, and any other documentation to the hearing. The judge will preside over the case and ensure that the tenant isn’t being evicted for a discriminatory reason.

If the landlord wins, the judge will issue a Judgement for Possession that will require the tenant to move out by a specific date. If the tenant still doesn’t leave, the landlord can get a Writ of Possession that allows the sheriff to remove the tenant forcibly.

Once the tenant is out, the landlord has possession of the property again and can file a claim against the tenant for back-pay or damage fees.

What Happens After an Eviction Notice Is Served?

As soon as the tenant receives the notice, the time period specified in the eviction notice goes into effect.

For instance, if it’s a five-day eviction notice, the tenant has five days to solve the problem or move out from the moment they get the document.

Is It Legal to Give a Three-Day Eviction Notice?

In some states, yes. Be sure to check your local laws or ask a lawyer to ensure it’s legal in your state.

How Long Does It Take to Evict Someone?

In the best-case scenario, the issue can be resolved within the time frame listed on the eviction notice.

However, if you have to go to court, it can take anywhere from 2-3 months to enforce the eviction.

How Do You Evict Someone Who Doesn’t Have a Lease?

If someone is staying on your property in exchange for work, if they use your address or lives with you without their name on the lease, you can still issue an official eviction notice.

These proceedings can be tricky if you don’t have a written agreement, so it’s best to talk to an attorney to understand your rights.

Create an Eviction Notice with LegalZone

Within minutes, you can have an eviction notice ready to post with our easy-to-use platform. LegalZone makes it accessible and affordable for anyone to enforce their property rights.

If you have more questions about whether it’s time to issue an eviction notice or what your local ordinances are regarding eviction or have an attorney assist you.

We believe that everyone should have access to incredible attorneys and legal documents. Eviction proceedings are enough of a headache already, and our team at LegalZone wants to take some of that burden off of your shoulders.

Start Your Eviction Notice.