Sample Eviction Letter

Author: Todd Christiansen | Category: Eviction

It is that time of the month.  You total up which tenants have paid you in full and then send out the eviction letters to the ones that have not.  Depending upon the state, a tenant eviction letter, can be a formal or informal piece of paper.  Some states require it as part of process of evicting tenants.  Check with your state before you simply forge ahead with the below suggestions.  Each state has different rules regarding what you can’t and can not do during the the eviction process.  Surprisingly, most tenants know the process better than the landlords!

The eviction letter is a written way that you can inform the tenant that they have one last chance to fix the problem (which may be lease violations or late rent payments).  It is used to try to gain compliance without the added expense and time of filing a true eviction.  This letter can be phrases in multiple ways, but you want one of a couple outcomes:  compliance, move out, or a work-out plan to become compliant.  Anything short of those should result in eviction.

So here is a sample eviction letter than you can use.  This type of letter is sometimes called a pre eviction letter also.  Modify as you like:

Dear Mr. Tenant;

This letter is to inform you that you are in breach of the Lease Agreement on the above described lease premises due to {failure to timely pay rent, other lease violations}.  You have 3 days from receipt of this letter to resolve this situation.  Failure to resolve this situation by that date will result in further action against you including, but not limited to eviction.

If eviction is necessary, you will be required to attend a court hearing at the county courthouse.  If you are unable to convince the judge of your reasoning for breaching the lease, you may be forced to vacate the premises within 24 hours.  At that time, if you fail to vacate the premises, a sheriff can be called to remove you.

I am sure that you would prefer to resolve this prior to an eviction action.

Sincerely,

Mr. Landlord

Make sure this eviction letter is typed up and is hand delivered or sent certified mail (signature required) to insure the tenant receives it.  This will insure that the tenant can not say they never received it.  Frankly, I prefer having a neutral 3rd party deliver the letter.  I can then have them sign an affidavit of service stating when and where they served the document.

Do not go into more details about the problem or invoke an argument in the letter.  Keep just to the facts so that there is no opportunity for the tenant to argue the situation or try to slide around what you need for full compliance.

Evicting a tenant is not fun, but using an eviction letter first to highlight the problem, may bring compliance.

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