Eviction Letter

Landlords and tenants are often at loggerheads with each other over issues, such as, rent, repair, and maintenance. These issues crop up if the tenant is a rent defaulter or has caused damage or destruction to the property. Sometimes, these lead the landlord to issue an eviction letter.

No eviction action can be initiated if the tenant has not been served with an eviction letter or notice. This should be formal and to-the-point. If you need to send such a letter to your tenant, prepare three copies of it. Hand-deliver the original document to the tenant, but if he/she is absent from the premises leave or mail a copy.

For rent default, a three-day notice must be served to the tenant asking the tenant to either pay the rent or vacate the property. These three days exclude weekends and legal holidays. Specify the exact amount due. You can file a complaint for eviction with the authorities after three days, if the tenant has not acted on the notice. A seven-day notice with cure can be served if the tenant is found to be undesirable. The tenant may be causing you trouble due to pets or guests. You can ask the tenant in writing to correct the problem or vacate the property. The tenant can remain on the premises if he/she corrects the problem. In the event of non-compliance, you or your attorney can file a complaint for eviction.

The tenant may be responsible for major problems or non-compliance, such as, destruction or damage of property or disturbance. You can serve a seven-day notice without cure in this case. This means that the tenancy agreement is terminated, and you will not accept any further rent. Clearly state the non-compliance issue. You can initiate eviction proceedings if the tenant does not take action within seven days. If there was no written lease agreement between you and the tenant and you want possession of your property, you can issue a 15-day notice. None of the above reasons for eviction should be applicable in this case. You can write that the tenancy agreement is terminated and you will accept no further rent. This notice must be served 15 days prior to the due date of the next rent.

To conclude, it's best to have a detailed, written tenancy agreement. Matters of contention between the landlord and the tenant can be thrashed out on the basis of this document. It also proves invaluable during eviction proceedings. A landlord should preferably consult an attorney before writing and issuing an eviction letter.