An eviction notice is a letter sent by a property owner, commonly known as the “landlord” or “lessor”, to the tenant of their property for a violation of the leased premise. The document either gives the right of the tenant to “cure” the issue (within a given time-span) or an “incurable” notice that states the landlord wants the tenant to be out of the space by a specific date. Most notices are served due to a tenant’s failure to pay rent on-time or not paying rent in full on the due-date.
($) Non-Payment of Rent – The most common reason for eviction. This form may be given when the tenant has failed to pay rent.
Illegal Activity – Terminates the lease between the landlord and tenant immediately.
Month-to-Month Eviction/Termination – May be used by a tenant or landlord to cancel a tenancy at will between the parties. The document must follow the required number (#) of days of notice in order to cancel stated either in the lease or found in the State Statutes.
Non-Compliance (Lease Violation) – Should be given to the tenant for any lease infraction other than the non-payment of rent.
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
By Number of Days
How to Evict (Process)
If the tenant does not comply with the eviction notice they may file for an eviction, also known as a Federal Entry and Detainer (FED) in some States, which allows the landlord to legally regain possession of the the property. The landlord will most commonly have to file forms in accordance with most States’ process:
Step 1 – File a Petition or Complaint with the court clerk’s office in the jurisdiction of the property. The notice to quit along with the Certificate of Service will most of the time be needed to be attached. There will most likely be a fee ranging anywhere from $50 to $300.
Step 2 – After making the initial filing the tenant will need to be served with the filed document that states a claim or case as been filed against them. They will also be provided with the Answer which allows them to make any counter-claims or give their version of events. The Answer should be filed with the court clerk’s office within the State required time-period. The court will give a court date for both the Petitioner (landlord) and Defendant (tenant) and is recommended to hear both their cases that they are in attendance.
Step 3 – After the Judge makes his/her ruling the tenant will either be legally forced to leave the property or the lease will be deemed in good-standing. If the Judge rules in the landlord’s favor there will be conditions for the tenant to leave the premises (usually immediately) along with any additional costs (fees/penalties) that are owed to the landlord after move-out. At this time the eviction process is complete.