Writing an eviction notice is not an easy task as there are certain legal requirements to consider depending on your country or region of residence. Knowing how to write an eviction notice all depends upon whatever valid reason a Landlord has for doing so. An eviction notice, just as the name implies is a notice instructing a tenant or squatter to remove from a premises within or before a certain date or time period. It is very important to meet the criteria that has been set by the relevant agencies responsible for the rental of a property. whether that rental is for the short or long term. This is how to write an eviction notice.
The duty of a tenant who receives an eviction notice is to check and ensure that the eviction notice is valid and properly written. There are many reasons why Landlords write eviction notices and depending on each reason more or less time may be given to evict the premises. reasons may be due to the need of repairs to be done to the premises, treats that have been directed at the landlord or other tenants by the tenant in which the notice is written to, non payment of rent or fees associated with the payment of utility bills, noise violations or even the performance of certain illegal activities on the premises by the tenant addressed on the receipt of notice.
Many tenants have raised valid complaints against notices issued by landlords which have been proven in a court of law. The law states that landlords cannot evict tenants for reasons like disability status, marital status, sexual orientation, nationality, race, class, disability status, religion, or familial status ect. A valid reason must be given in order for the eviction notice to hold up before the courts. Landlords you should always ensure that your eviction notice is clear, concise, and includes all the necessary information that will allow the process to go as smoothly as possible.
The eviction process
Most jurisdictions do not permit the landlord to evict a tenant without first taking legal action to do so (commonly referred to as a “self-help” eviction; such actions include changing locks, removing items from the premises, or terminating utility services). Such evictions are generally illegal at any time during the process (including after a landlord wins an eviction suit); a tenant facing such measures may sue the landlord. However, self-help evictions may be permitted in some jurisdictions when commercial tenants are involved, as opposed to residential tenants
Prior to filing a suit in court for eviction, generally the landlord must provide written notice to the tenant (commonly called a notice to quit or notice to vacate).The residential and commercial ordinances created jurisdictions preventing landlords from taking any action that may force a tenant out of their premises. These actions include, but are not limited to, force and threats, removing essential services, demolishing the property, or interfering with entrance locks. If the tenant remains in possession of the property after the notice to vacate has expired, the landlord can then serve the tenant with a lawsuit.
Depending on the jurisdiction, the tenant may be required to submit a written response by a specified date, after which time another date is set for the trial. Other jurisdictions may simply require the tenant to appear in court on a specified date. Eviction cases are often expedited since the issue is time-sensitive (the landlord loses rental income while the tenant remains in possession). A jury trial may be requested by either party, however until the late 2000s that was very uncommon. Many of the defendants in eviction case do not show up for court. In many major cities, including Milwaukee, as many as 70% of defendants are no-shows. In the courts in some urban areas only 10% of defendants showed up.
As mentioned above, most jurisdictions do not allow a landlord to evict a tenant without legal action being taken first, even if the landlord is successful in court. Instead, the landlord would have to obtain a writ of possession from the court and present it to the appropriate law enforcement officer. The officer then posts a notice for the tenant on the property that the officer will remove the tenant and any other people on the property, though some jurisdictions will not enforce the writ if, on that day, inclement weather is taking place.
With the removal of the tenant also comes the removal of his personal belongings. If the tenant leaves behind anything of value, there is a custom (but no law in some jurisdictions) for the landlord to hold onto his left-behind belongings for 30 days. After these 30 days the landlord is able to sell the left-behind property, usually in an auction, to satisfy any over due rent arrears.
No fault evictions
A no-fault eviction occurs when a landlord seeks to regain possession of a rented property under laws that do not require him to allege any fault on the part of the tenant such as failure to pay rent, disturbance to neighbors or other tenants in the building, or violation of lease terms. In many jurisdictions, a tenancy at will, as opposed to a term lease tenancy, may be ended at any time with a minimum of thirty days’ notice to tenant, although some jurisdictions require longer notice periods.
As gentrification and the re-population of urban centers by wealthier residents takes place, no-fault evictions are used as a tool to displace tenants in cities with rent control. In California, for example, the Ellis Act allows eviction of rent-controlled tenants if the landlord intends to no longer rent any portion of an apartment building (i.e., landlords cannot be compelled to rent).
How to write an eviction notice- steps to follow
1 address the Tenant name as it is written on the residential lease
The residential lease that a landlord signs at the beginning of a tenancy should have the names of ever tenant currently residing on the premises that is being rented. A landlord may have the option of evicting one or all of the persons that are residing on the property. Depending on local or state laws the landlord may not have a choice but to evict all the tenants residing on the premises at once. In the case of this event a new lease could potentially be created with the names of the tenants that the landlord wishes to continue the lease agreement with.
Landlords should try to avoid making spelling errors and double check with the lease agreement in order to ensure that the name(s) which the notice is referring to is spelt correctly. Landlords should avoid using aliases and only use legal names. The law only recognises the use of legally given names.
2 The lease information should be listed on the eviction notice
An eviction notice should always include detailed information of the rental property. It should include the full address and the date that the lease was signed. As a landlord issuing an eviction notice you should try to ensure that the lease information is properly and correctly written on the eviction notice.
3 Inform the tenant of the eviction
When you are writing an eviction notice to a tenant you should ensure that you clearly state what the notice is for. The first sentence of your letter should be the one that states that it is an eviction notice. A date should also be given on which you expect the tenant to vacate the premises by.
Many legal jurisdictions have different factors which dictate the amount of reasonable time that should be given to a tenant for them to vacate the premises. You should check with your local landlord/ tenant advisory board for more information on the laws that may apply. You can also consult a legal professional for legal advice if you are unsure on how much notice you can give the tenant to vacate the premises.
4 Give a legal and valid reason for eviction
You should state the reason why you wish to evict the tenant(s0 from your premises. You may want to list more than one reason if needed. There are many reasons why tenants can be evicted but there are some more common ones like:
- Non-payment of rent
- Intentional and substantial damage to the premises being leased
- Noise violations
- Violence or treats towards the landlord or other tenants
- The performing of illegal activities on the premises
For each reason that you list there should be detailed information with it. For example if you are evicting your tenant for noise violations the notice should include the date(s) on which this violation(s) have taken place and what warnings or actions were given or taken. There a certain reason that landlords cannot issue an eviction notice for as listed above.
5 Serve the eviction notice to the tenant(s)
The final step in the process is to serve the eviction notice notice to the tenant(s). Generally speaking an eviction notice can be sent by mail or put at the front of a property( usually at the entrance to a dwelling). It could also be delivered directly to an adult tenant listed on the lease. Depending on the area the rental property is listed in you may want to issue the notice in a specific way. For example you can have the local authorities post the notice or you can have the court issue an order.
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