When it is necessary for a landlord to evict a tenant, it is essential that they follow the legal steps required, so they will have the law on their side. One step is to write an eviction letter to give proper notification to the tenant that he or she must evacuate the premises. Other conditions are the time period granted for the eviction and the delivery mode of the letter. A letter of eviction is not legal notice, but it is the first step for legally evicting a tenant. Laws may vary by state and, in some places, by county. The U.S. Department of Housing and Urban Development will give landlords the law in their jurisdiction.
The most common reasons a landlord may want to evict a tenant are:
• Not paying the rent according to the rental contract. The amount of money to be paid and the times it should be paid are stated in the rental contract. For example, $500 per month must be paid by no later than the fifth of each month. When this is violated, the landlord may ask the tenant to leave. In some states, the landlord must give 30 days prior notice to pay back rent before sending an eviction letter. In some states, if the tenant has lived in the premises for more than one year, the time limit may be 60 days.
• It is also possible in most states to evict a tenant for habitual late payment of rent. The landlord should follow the state laws about how many days the rent is paid late. A notice to quit must be sent first to warn the tenant if they don’t pay their rent on time, they will be evicted.
• If a tenant damages the property in excess of normal wear and tear because of gross negligence or on purpose, the landlord may send a notice of eviction in advance of and eviction letter. The damage must be more than a few stains on the carpet. It must be major damage that requires repair.
• Tenants may also disrupt other tenants or the local neighborhood with regular, loud parties or music. The landlord must also send a notice to evict first to warn the tenant that if they don’t modify their behavior, they will be evicted.
Some other reasons a tenant may be evicted are:
• Violation of pet policy
• Tenants living in the property who were not named in the lease
• Violation of legal rent increase
• The owner needs to live in the property
• The property has health or safety violations that must be remedied
• The property is being used by the tenant for an illegal purpose
The letter must clearly state the reason for the eviction as well as the landlord’s intended further action if the tenant fails to leave the property within the stipulated time limit. The letter should be written in formal business style and be brief and to the point. It should be courteous and not contain any angry words even if the tenant has behaved improperly. The name of the landlord and the name of the tenant as they appear on the lease contract should be mentioned in the letter.
Here are some sample eviction letters. For legal purposes, it is essential that the landlord has proof that the tenant received the letter. If it is to be given by hand, a written receipt must be taken from the tenant at that time. If it is sent my mail, certified mail should be used that will give a record of the time and date the letter was received. The landlord should keep copies of any correspondence in this matter.
Sample 1 - Eviction Letter
City, State, Zip Code
City, State, Zip Code
Dear Tenant’s Name:
This letter is a formal notification that I, Name of Landlord, am asking you, Name of Tenant, to permanently quit the premises of Tenant’s Address. You have failed to pay the $500 rent for the past four months, and were sent a Notice to Quit on DATE in which you were asked to pay your rent in full in 30 days or you would be evicted. I have enclosed a copy of this Notice. Since that Notice, you have not paid any rent.
You have violated the lease agreement that you signed on DATE in which it states that you will pay the rent before the fifth of each month. As of the date of this letter you owe me $2000.
I hereby request you to pay the above-mentioned amount within 5 working days of receipt of this letter or vacate the premises. If you fail to do this, I will be compelled to file an eviction suit against you. I would appreciate your cooperation in this matter.
Signature of Landlord
Printed Name of Landlord
List of Enclosures
Sample 2 - Eviction Letter
Name of Tenant
Address of Tenant
City, State, Zip of Tenant
Name of Landlord(s), Landlords, hereby give Name of Tenant(s), AND ALL OTHER OCCUPANTS HOLDING UNDER THEM, thirty (30) days notice to vacate the rental unit located at Street Address, City & State.
The reason for the eviction:
YOU MUST VACATE THE PREMISES BY Date to Vacate (30 DAYS AFTER SERVICE).
If you remain in the premises on or after the date that you are specified to vacate, then the landlord can seek to enforce this termination through the judicial process. At this time you can present a defense. If a meeting is requested, then the landlord or his agents will discuss your violations and the proposed lease termination. You are advised to defend your actions in a court of law. Your failure to answer to this termination notice does not constitute a waiver of your rights to contest the landlord’s actions in judicial court.
Dated at Town, State this Day day of Month, Year
Landlord(s) Name, Signature & Date
By Andre Bradley