Q:

How do you write an eviction notice?

A:

Quick Answer

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.

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Full Answer

  1. Check your local laws for appropriate procedures

    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.

  2. Write the letter

    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.

  3. Serve the letter personally

    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.

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Related Questions

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    How long does an eviction in Florida take following a three-day notice?

    A:

    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.

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    What do you write in a "notice to vacate" letter?

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    A:

    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.

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    To legally evict squatters from a property, the owner needs to serve them with an eviction notice, followed by a court order if they fail to leave agreeably, according to Jenny Tsay of FindLaw. A court order is obtained by filing an unlawful detainer lawsuit against the squatters.

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