To write an effective eviction letter, it must contain the date of the original lease, the exact address of the property, current rent balance and past due date, number of days or due date to remit payment, and eviction notice. This notice must be personally served.Know More
Many states such as California and Minnesota require landlords and property owners to file an unlawful detainer complaint in order to evict a tenant. This unlawful detainer complaint summarizes the landlord or property owner's issue in the court procedure. Be sure to check with the legal procedures of your state or county regarding eviction before taking action.
The next step is to write an effective eviction letter. It is advised to include the date of the original lease (with a fully executed copy, if possible), the exact address for reference in the letter itself, the current balance and its past due date, the deadline to remit payment, and the eviction notice itself. Be sure to clearly state that the letter is an eviction notice for a fault such as past due rent.
After a proper letter has been drafted, it must be personally served on the defendant. Otherwise the tenants may say they never received the letter. Upon completion of the service, the server provides a document called Proof of Service, which must be filed in court as proof of service. In the state of California, tenants are allowed five days after a Writ of Possession is issued.
In Florida, it can take about three weeks to settle an eviction lawsuit against a tenant who neither pays the rent nor vacates the property after receiving a three-day notice, as Evict.com states. Delays, such as a tenant who decides to fight the lawsuit, may necessitate additional time.Full Answer >
A landlord eviction letter contains a date; landlord's personal details; tenant's details; tenant salutation; the letter body, which contains a lease violation notification, reasons for the violation and a remedy for eviction; and the name and signature of the landlord, according to SFGate. It should also feature a proper format.Full Answer >
The tenant should note his intent to move out of the premises within 30 days of the date the "notice to vacate" letter is written, include a forwarding address for the security deposit and sign the letter, notes J. Hirby for The Law Dictionary. Not submitting a letter can result in financial penalties.Full Answer >
The eviction process happens swiftly in Georgia, moving from one late rent payment to an eviction notice and court hearing within three more weeks. There's no excuse for inability to pay rent, so if matters go to court, judges likely rule for the landlord, notes the Atlanta Journal-Constitution.Full Answer >