Types of Eviction Notices and Which to Use

Written on Saturday June 2, 2018 by Bob Hinrichs

Eviction notice

What Does Eviction Notice Include

The first step to evicting a tenant from your property is giving them a notice of your intentions. Each state requires different verbiage, but generally contain these main components.

  • A notice acts as an explanation of what the tenant has done wrong
  • It includes a copy of the lease that highlights the section being violated
  • And it provides a clear and reasonable deadline in which they can correct the violation before you they must leave

If the tenant fails to correct the violation within the provided timeframe, they will need to move out. At that point, the landlord can then go to court to have a judge rule on the matter and hopefully force the tenant to vacate the property.

3 Types of Eviction Notices

There are three main types of eviction notices that are used and each have different details and rules. They are:

Pay Rent or Quit

  • Pay rent or quit notices are used in situations where the tenant is delinquent in paying their rent. They inform the tenant that they either need to pay their rent or move out. In these notices, landlords should include information such as how much rent is owed and how long it’s been since the tenant has paid their rent. It should also include how much is owed in rent and fees and when the tenant must pay or will be forced to move out.

Cure or Quit

  • Another scenario might include a violation to a section of the lease. In these instances, cure or quit notices are helpful. The main purpose of these notices are to inform the tenant to either remedy the violation or they will need to move out. This type of notice might be used if a tenant got a dog when the lease specifically states there are no pets allowed.

When delivering this type of notice, it is important to include a description of how they are violating their lease. A best practice is to include a section of the lease that has been breached. Somewhere in the letter, the landlord also needs to include a deadline by which the tenant must fix the violation. If the issue isn’t remedied by said deadline, the tenant will have to move out.

Unconditional Quit

  • The final type of notice is an unconditional quit notice. These are unique in the sense that they offer no opportunity for the tenant to fix their wrong-doings in order to avoid having to leave the property. The ability to use this type of notice in different scenarios varies from state to state. They are commonly used in month-to-month leases when a tenant misses rent payments.

In a lot of other instances, these unconditional quit notices are used because there’s been a long-term behavior that hasn’t been corrected despite multiple warnings by the landlord. Or because the tenant caused serious and costly damage to the property. These notices usually offer a allowance for time to reply. But even if the tenant remedies their issue, they can still be forced to move out.

There are some states that allow a landlord to use these notices even if the tenant did nothing wrong. The most usual cases where this would happen would be if the property owner wants to sell the building, make major repairs or remodel and needs the unit vacant to do so, or if they want to move into the building themselves. Again, this isn’t typical and varies by state and local government.

How to Deliver the Eviction Notice

Regardless of what type of notice you are delivering to your tenant, it’s important to do so in writing. To be extra careful, two notices can be good idea. That means using two different types of delivery to better prove the tenant was informed. The best delivery methods include sending via certified letter, posting the notice publicly on the property, emailing it to the tenant. In some states, you can deliver it to another adult that lives in the property with your target tenant. Of course, check which of these options applies in your state and local government.

I hope you enjoyed learning a bit about the different types of notices and how to best use them. Please keep in mind the content of this website was created solely for informational purposes. It should not be used for legal advice for any particular situation.

 

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   Eviction

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