Eviction Notice (Notice to Quit) Form

If you have ever rented a place, either as a landlord (owner) or as a tenant (renter), you probably know how tricky it can be. Having good landlords or tenants is bliss, and sometimes relations between those parties are not as bright as expected. If a renter behaves unpleasantly, a property owner may one day decide to send an eviction notice to the renter, saying that they shall leave the property in a certain period due to specific reasons.

There are various names for an eviction notice form in the United States. You can see that it is also called an “eviction letter”, a “warning notice”, a “notice to vacate”, and so on. All of these things are the same: the form that asks a renter to leave the given premises.

Basically, each such form shall include:

• The tenant’s and landlord’s names
• The reason for quitting
• The date when the renter shall leave
• The date when the notice was created by the owner.

It is mandatory that the landlord signs the form and leaves their contact details at the bottom of the document. In some American states, landlords also should notarize the form.

What is the Eviction Process?

The eviction process is a procedure presuming that a renter leaves the owner’s property due to specific reasons. Sometimes the eviction process may lead to court. In other cases, both parties reach an agreement, and things leave as they were before the eviction process was about to start.

Here is a brief step-by-step scheme of the eviction process:

1. A renter makes a mistake that leads to an owner’s discontent

Here, by “mistake,” we mean delaying the payment for rent, violating the lease agreement’s conditions, or even breaking the law. All of these can be taken into account only if both parties had signed a rental agreement before the lease has started.

2. Parties make an attempt to solve the conflict

Before going to court, parties usually have a discussion that may help to avoid severe consequences. Sometimes tenants heed the demands of landlords and start acting the way expected from them. This helps to stop the conflict and get the relationship back to normal.

3. An owner sends an eviction notice

If talks did not give any result, an owner should send the form telling about the period when the renter needs to quit and the reasons for such a letter.

4. Parties appeal to the court

If a renter refuses to leave, both parties may start a process in court. A judge will check all the documents and arguments provided and decide whether a renter should stay or go.

As you can see, an eviction notice is a vital document that every owner should send to a renter before going to court. This document acts as a warning sign for the tenant saying that something goes wrong. When the note is sent and received, the tenant has some time to fix the problem before the owner goes to court, and the process becomes more serious and time-consuming.

Eviction Types and Related Procedure

Typically, eviction procedures and notes are divided into two groups and four types. They can be:

1. Curable

These are situations when a tenant can fix the problem that occurred and can stay on the premises. To this category, we can attach two cases: when a renter does not pay in time or break the lease agreement conditions. An estate owner may deliver two types of notes: “pay or quit” notice or “cure or quit” notice.

A renter will have a certain period to fix violations. If they do so, they will keep renting the given place. In the US, the period that a renter has to fix the problem is stated in each state’s law. In some states, a landlord may deliver an “immediate” notice, while in others, they shall wait for a week or two that a renter will have to “cure” the violation.

2. Incurable

Unfortunately for tenants, in some cases, there is nothing they can do to stay in the rented estate. This happens in two situations: when a landlord decides to stop a month-to-month rental agreement or when a renter violates the law.

If such a thing occurs, a tenant has no choice: they should leave the premises in a period stated by the premises’ owner. Again, this period cannot be random: every state has its own requirements regarding the topic.

Notice to Quit vs. Intent to Vacate

Sometimes a tenant has a wish to leave the premises, and a landlord is not forcing them to go. In these cases, an Intent to Vacate Notice can be sent to a landlord with the description of reasons why a tenant intends to leave.

So, the difference between a Notice to Quit (or an Eviction Notice) and an Intent to Vacate Notice is that the first one is sent by a landlord to a tenant, and the second is given by a tenant to a landlord.

What Should Be Included in a Notice to Quit?

If you are a premises owner who needs to deliver a Notice to Quit to your renter, you have to include several irreplaceable points in your document. Without these points, the form will not be effective because of the lack of information. We have already covered the topic above; now, let’s see the notice’s content in detail.

Every Notice to Quit (or Eviction Notice) has to contain the following items:

• Parties’ contact info and names

You have to indicate not only your name and address (as a landlord) but also the tenant’s full name and address. Also, remember to specify the rented premises’ address.

• The reason why your renter should leave

Eviction notices cannot be considered valid if there is no reason to quit. If the renter owes you money for the rent, you shall also specify the exact amount. If the reason is a violation of your lease agreement or law, you should describe the circumstances. Lastly, if you ask your renter to quit because you need your premises empty, you should state it in the notice; this applies to month-to-month lease agreements.

• Actions that the renter can complete fixing the problem

If you deliver a “curable” notice, you should list what a renter can do to get things back to normal and keep renting your premises.

• The period the renter has to either fix the situation or move out

Whether the notice is “curable” or “incurable,” you have to state the period until when the tenant can stay in the rented real property.

When you create the form, always remember to check the laws of your state to make your document correct and valid. Some provisions may vary significantly, so you have to pay attention to the legal peculiarities. If something is not clear, we recommend consulting lawyers or real estate business specialists.

Consequences of Not Sending an Eviction Notice

Every eviction process in the US should start with an eviction notice delivered to a tenant. Unfortunately, if a landlord does not send the form, there is no way to start a process in court properly. According to the law, a tenant has specific rights, and one of these rights is to have a specific period that is needed to pack things, find a new place, and so on.

Even if a landlord sends an “immediate” notice, this does not mean that a tenant will leave right away. They should receive it, read it, and have an opportunity to apply to court if needed.