Tenant Eviction Letter

Author: Todd Christiansen | Category: Eviction Law

This letter is a requirement in some states and not in others.  If it is required, the exact language of an eviction letter will vary from state to state.  Consult with your local courthouse for the legal language that should be in here.  This is simply an explanation and loose example.  No legal advice is being given.

An eviction letter can mean different things in different areas.  In some areas, this is actual eviction notice letter, in others it is simply the official notice to a tenant that eviction is eminent if they do not remedy the lease violation.  Here are some thoughts about the eviction letter.

  • Stop down at the local courthouse where the eviction is filed to understand all the requirements of the eviction process.  If you have properties in different counties or different states, the process may be different.  Make sure you understand each jurisdiction.  You can find printable eviction notices at your local courthouse website.
  • Your location may require a Notice to Quit which is different than an eviction letter.  This is typically used where the eviction letter is the formal process of eviction, then the Notice to Quit is the warning.
  • Be sure you understand the eviction process time line required.  Some places allow you to file for an eviction immediately, others make you wait 30 days.
  • Have an action plan for both the property and tenant before you write and send the eviction letter.  Are you OK if the tenant simply resolves the lease violation or do you really want to push them out of property?  If the tenant calls you when they receive the notice of eviction, what are you prepared to tell them?  Remember that they forced you into this situation and you should not back down or take more excuses.  Stick to your guns!
  • Write the letter in a professional tone.  Do not include any hearsay or rumors.  Stick to the simple facts that you could prove in court (you may have to).  Refer to the lease agreement when possible to prove your argument.  Explain what the tenant needs to do to remedy the situation.  Also include what and when your next action will be, which may include filing the eviction.
  • Have the letter sent via certified mail or have it served by a process server so that you have proof that the tenant has received it.  If you hand deliver it yourself, have a witness with you and have that witness sign an affidavit stating that they saw you hand the letter to the tenant.  Document the date and time.
  • If you are not comfortable with the eviction process, you may want to consider finding eviction lawyers that can handle your case and tenant.

Using a tenant eviction letter is a less expensive, quicker, and often very affective way to get compliance out of your tenant.

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