Eviction Notice

Eviction is the elimination of tenant from leasing property by landlord. Eviction is known with several other terminologies according to the law of jurisdiction such as unlawful detainer, summary possession, summary dispossess, forcible detainer, ejectment and repossession. This term is frequently used in communication between the landlord and tenant. Several numbers of tenants and landlords are working all over the world over the number of years. Eviction is a legal process instead of single unilateral decision. Landlord have right to pursue certain actions to have a tenant evicted legally but landlord can’t physically force tenant for personal belongings off a rented property until he/she is not in violation of terms of lease. In case of violation of terms of lease, landlord can evict tenant through legal process and official notification to leave landlord’s property is the first step of this process. This notification is known as an eviction notice.

Purpose of Writing Eviction Notice

Basic purpose of eviction notice is to notify tenant to quit and deliver property within said time. Notice sent by landlord has all reasons of eviction to clarify tenant when and why he/she is evicted. Eviction notice should be drafted properly so that it can serve tenant in a prescribed manner therefore language and tone of eviction notice should be free of ambiguity. For this purpose several landlords purchase generic eviction notice forms from office supply stores or get it prepared by professional attorneys. If eviction notice is not properly drafted then tenant can argue during future court actions that landlord is failed to deliver the eviction notice to correct recipient or the language of eviction notice is too vague to be considered legally binding.

Eviction notices protect the rights of landlords because these notices enable landlords to consider several options. They can receive all remaining rent from tenant or can remove an unauthorized pet or can satisfy terms of lease. If landlord wants to expel tenant from his/her property he/she can also file specific request of eviction without consideration of tenant and tenant can’t do anything against the terms of eviction notice.      

To Whom It Is Written

Eviction notice is prepared by landlord for tenant to get legal support against violation of terms of contract. This notice is given to tenant by landlord to evict from his/her property due to violation of agreement or non-payment of rents etc. A well written eviction notice should explains all terms and conditions which have been violated and amount of time tenant has to make restitution. Eviction notice specify different time periods for different situations such as for payment of missed rent amount of time can be a week or less. In case of other violations such as property damage or abandonment eviction notice may specify 30 days or more before further action is taken. Eviction notice is not legally enforceable document every time its legal enforceability depends on situation or state jurisdictions so it can’t be used to physically remove an unwanted or non-compliant tenant.

Importance of Good Eviction Notice

Eviction notice is written in the favor of landlord so it should be written appropriately. It can be used by tenant against landlord if any vague statement is there in the notice so eviction notice should be good enough to help landlord legally. Landlords consider an eviction notice as a shot for delinquent or non-compliant tenants. Eviction notice is necessary to precede legal eviction because it can’t be started without the official receipt of an eviction notice. It is quite possible that just only because of eviction notice tenant and landlord successfully made an informal agreement before any further legal action. Eviction notice also bound landlords for any illegal action because if the landlord attempts to physically remove tenant himself during eviction proceedings, he can be penalized for “constructive eviction”. During eviction proceedings only authorized officer of court has right to remove or evict tenant from property after final orders of judge.

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