How to Write an Eviction Notice?
Determining the type of eviction notice to send to your tenant depends on your lease agreement and current situation. Most often, the property owner serves eviction real estate notices due to the non-payment of rent, giving the tenant the option to pay the rent or vacate the property. If the tenant fails to do either, then the property owner has the option to file legal proceedings in court. Here are some tips to help write eviction notices for non-paying parties:
1. Notify the Tenant Properly
State to the tenant in a clear and specified manner the purpose of the notice. This means that you have to expressly state the reason for the notice, which is an eviction. State clearly the reason for eviction, and include what needs to be done, and the date to which a remedy should be completed. Do not try to be very cautious or vague in your writing as this may cause confusion to the tenant.
2. State Clearly the Basis for Eviction
Describe clearly your basis for eviction in a way that it can be understood by anyone -- including an uninvolved party. If you indicate that the tenant failed to pay rental fees, specify rent due dates and the amount of each one. If you believed that the tenant caused damages to the property, identify each of the damages, and include the information needed regarding repairs, just like writing in a real estate letter about the property damages.
3. Include Effectivity Date
There are different state laws in real estate contracts that limit how quickly you can demand a tenant to vacate a property. The time of eviction depends on different situations, for instance, extreme violations or criminal offenses can allow you to make a quicker eviction. Make sure that you look up your state laws and indicate the date when you want the tenant to vacate the property.
4. Make Sure You Can Evict Your Tenant
Before you take any steps to begin the eviction process, make sure that such eviction is enforceable under the terms of the real estate lease agreement. Generally, you cannot enforce the eviction if it is not part of the lease agreement between yourself and the tenant, so make sure that when you write your eviction notice, you are backed by the lease agreement.
Can you evict someone in as fast as three days?
Yes. If a landlord is going to evict a tenant for not paying rent, he or she can send an eviction notice that indicates the amount of rent owed, and that the tenant is required to pay such rent in three days, or face eviction.
Is it illegal to post a fake eviction notice?
Yes. In some states in the United States, a fake eviction notice is considered a first-degree forgery, which is a felony. It can be punishable by law.
What is an illegal eviction?
Illegal eviction is a criminal offense taken by a landlord who evicts tenants without following the correct legal steps.
Can you evict someone if you don’t own the property?
This could be tricky for individuals who share space. However, if your roommate, for instance, ignores your notice to pay and remains in the rental without paying his or her share, you may file an eviction lawsuit.
Can you call the police to evict someone?
While some police offices refuse to get involved in such matters, if you have sent a letter of eviction or have filed for eviction with a competent court, then yes, the police may be called to remove your guest as a trespasser in the property.