There is an easy way to draft a formal eviction…
There is an easy way to draft a formal eviction letter. Drafting eviction letters can be daunting and time-consuming. Evicting a tenant is one of the most stressful tasks a landlord may face.
What is an Eviction Notice?
Eviction notices are typically issued by landlords when tenants fail to pay rent. Notice can also be given when tenants breach the conditions of the lease agreement.
The landlord may assume the problem is irreversible and issue an incurable eviction notice in rare circumstances. When served with an irreversible eviction notice, the tenant has no alternative but to evacuate the property within days.
Even if the landlord delivers an eviction notice, the tenant has the right to remain on the premises until the landlord and tenant are heard by a judge.
When is an Eviction Notice Required?
Landlords use an eviction notice to notify tenants that the eviction process has begun. However, landlords may not need to initiate eviction if the landlord and tenant can solve their issues amicably.
It is preferable to avoid delivering an eviction notice to save both parties time, energy, and money in most circumstances.
Some possible reasons for eviction include:
1. Unpaid rent
If the renter has not paid the rent, the landlord might use the eviction notice to remind the tenant to pay the rent. If the renter does not pay the rent by a certain date, the tenant is required to vacate the premises.
2. Broken terms of lease
If the tenant violates the lease agreement, the landlord can use the eviction notice to inform the renter that they must vacate the premises by a certain date. In some circumstances, the tenant has a certain amount of time to fix or correct the infraction to prevent eviction.
3. “Month-to-Month” tenancy end
If the existing rental agreement is month-to-month, the landlord can use the eviction notice to warn the tenant that their month-to-month tenancy will expire on a certain date.
If the tenant has not left the property by the end of their lease, the landlord can use an eviction notice to tell them that they must go.
A genuine apology, open communication, and an honest willingness to cooperate can sometimes save both the landlord and the tenant time and money in the long run.
An eviction notice will be delivered if landlords and renters cannot reach an agreement. Where landlords wish to terminate the lease agreement, they can properly ask tenants to leave by a certain date through they should deliver an eviction notice.
Process of Filing for Eviction
If a landlord fails to follow the required processes, the tenant can appeal the eviction on a technicality, forcing the landlord to start the process again.
If a landlord is obligated to provide a 10-day notice but only provides a 3-day notice, the tenant can allege that their right has been violated. A landlord should check their local housing regulations and take the necessary steps to remove a tenant effectively.
Critical Points to Note When Writing an Eviction Notice
When considering how to write an eviction notice, keep in mind that the document should address:
- Who got served with an eviction notice? The tenant’s name and address, name, and address of the landlord should be included.
- Why is there a need for eviction? Was it as a result of nonpayment of rent, Breach of Lease, monthly tenancy agreement, expired lease, etc.
Easy way to Draft a Formal Eviction Letter
Many grounds exist for evicting tenants. The most common method is nonpayment. Others include lease violations, property damage, and illegal activity.
If you need to evict a problematic tenant, you must follow a specific procedure. One of them is drafting a notice evicting someone from the premises.
1. Know the law
Evictions are not usually a pleasant experience. So you don’t want to make things worse by not following the right steps. First, learn the laws.
Eviction rules vary from state to state. Make sure you understand the eviction rules in your area before writing the letter.
The procedure in a neighboring county may differ from yours. So, instead of adding to the difficulty of an already difficult task, know what to do beforehand.
2. Select a Format
Eviction notice are legally binding documents. They should not appear or read like personal letters to family and friends.
Your letter should be written in a business-like structure. In addition, the material in the notice should be presented professionally. From beginning to end, it should be formal.
3. Date of Notice
Your notice should always be dated. This is because the renter has a certain number of days to complete the measures outlined in the letter. Depending on local law, such days can range from 3 to 60 days.
Landlords can serve various forms of notifications throughout the eviction process. It could be a 3-day pay or vacate and a 10-day notice to comply or vacate. Either of these possibilities exists. As a result, double-check the date on the letter.
The tenant(s) you’re evicting from the property–the people mentioned in the lease–is the addressee. Under the date, their name(s) should be in the right margin.
Ascertain that their information is correct and corresponds to the leasing agreement. After that, add the address. This information should be located directly beneath the tenant’s name (s).
Ensure the formal names of the landlords who are requesting the eviction are included in this area.
A valid address and phone number where a tenant can contact you should also be included.
5. Notice of eviction
The tenant should be informed of the measures necessary to resolve the eviction procedure in the notice portion of the letter.
The reason for the eviction must be stated clearly in the letter. It must also explain what action(s) the landlord intends to take if the notice’s time limit has expired.
6. Keep it short
Stay to the point and avoid exuberant language that may confuse the notice’s objective. Maintain a respectful demeanor and avoid using phrases that the tenant might construe as hostile or aggressive.
Professionally finish the letter. Your name should be signed and printed. Then, using the date you served the notice, date it.
To Wrap Up
Serving a formal eviction letter is synonymous to the end of the lease. Evicting tenants is a complex process, and landlords may struggle with it.
Depending on your state’s laws, the process can take two weeks to two months. In case of doubt, it is best to contact a knowledgeable real estate attorney in your area.