The easy way to draft a formal eviction letter

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.

4. Addressee

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.

7. Conclusion

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. 

Frequently asked questions

How much does it cost to file an eviction in Illinois?

The non-refundable filing fee is $60.50, which must be paid in the form of a check, money order or cashier’s check. An additional copy of the court order and two (2) certified copies are required at the time of filing.

How do you kick someone out of your house?

Legally Removing People. You can send a certified letter asking them to leave in 30 days or less. Even though a house guest is not technically a tenant, certain landlord-tenant laws still apply to the relationship if they have been with you for more than 30 days. Talk to an attorney who can help you draft an eviction notice and respond to it.

How long does an eviction process take in Illinois?

The eviction process in Illinois can take between two weeks and five months depending on the type of evict and whether a stay of execution is granted or a default judgment is vacated.

How do you write a notice letter for a tenant to leave?

If you want to say something like: “I have been given 1 month’s notice to end my tenancy, as required by law. My departure date is (date xxxxx). Please be on the property the day I move out so I can verify the property and return the keys.

What is quick Notice?

A Notice to Quit is a letter that is sent to tenants asking them to leave the property owned by the landlord. The landlord tells the tenant the landlord’s intention to evict them from the rental property.

How do I leave a tenant?

  • First, ask yourself if the tenant is in arrears of rent.
  • In case the landlord intends to terminate the lease, an authorized agent (such as his attorney) should issue a notice of break-down on the tenant.

How do you write a 30-day notice letter?

My landlord or property manager tells you I will be vacating my rental unit on [date you intend to vacate]. In my lease agreement, this letter meets the 30-day notice requirement.

Can a landlord evict you without a court order in Illinois?

There is a court process to obtain an Eviction Order after the landlord gives the tenant notice and takes the court process.

How much notice do I give my landlord?

If you pay rent each month, you need to give one month’s notice. If you have another arrangement, you’ll need to match your notice period to how frequently you pay rent. You will have to give three months’ notice before moving out if you pay rent every three months.

How do I write a letter to tell a tenant to move out?

  • Your name
  • Name of tenants
  • Today’s date
  • Termination is for this reason.
  • The lease terms are ending.
  • Move-out process instructions
  • Copy of move-out checklist.
  • Requests for a new address for the tenant.

How much notice does a landlord have to give a tenant to move out?

You usually have 90 days’ notice if your landlord wants to terminate your periodic tenancy. Your landlord may only have 42 days’ notice in some cases. The reason why they’re not giving you notice will need to be explained to you.

How do you get someone out of your house that won’t leave?

A written notice is required for landlords in most states for their tenancy to be terminated. After that, if the tenant does not leave by the time in the termination notice, the landlord will have to file an eviction lawsuit and (if successful) get a court order for evicting.

How do I give notice to my landlord?

  • Date you are submitting your notice.
  • Moving date
  • Contact information about your current home. Include the address and the landlord’s name.
  • The statement that you are leaving your home.
  • It is a simple statement that you’ll send us this letter, 30 days from the date of your lease agreement.

What happens if a tenant refuses to leave?

If tenants do not leave before the end of the notice period, landlords must apply for possession orders, which grant them the right to evict tenants and take possession of the property.

How do you write a quick notice to a tenant?

  • Please address the letter to the exact address on the lease agreement.
  • You should notify the tenant of the eviction.
  • Keep your words simple and concise.
  • Provide the reasons for the eviction.
  • Include the time of relocation.
  • Make sure to obtain a copy of the letter.
  • Serve the notice
The easy way to draft a formal eviction letter

Pam is an expert grammarian with years of experience teaching English, writing and ESL Grammar courses at the university level. She is enamored with all things language and fascinated with how we use words to shape our world.

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