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The rented property is a: Mobile HomeLast Update August 20th, 2024
Notice to Vacate
Eviction Notice Form
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Table of Contents:An eviction happens when a tenant or tenants are removed from the property they are living in by the owner of the land or building.
This is a legal process whereby the owner of the property gives the tenant notice that they must vacate the property within a certain amount of time. If they fail to do so, they could face litigation.
Evictions can happen for numerous reasons, such as failure to pay the rent. However, they normally occur between landlords and tenants when the following situations take place:
If you’re unfamiliar with using an eviction notice as a property owner, it can often be helpful to see a real-life example before creating your own. Our sample template below shows exactly how a completed document should appear.
When a tenant breaks the terms of the lease agreement on a property, the landlord could serve them with a notice to quit. This is the first step in any eviction process.
The notice to quit normally provides information on the violation in question. It then sets out what violations have been committed under the rental agreement and gives the tenant a period of time to correct the matter or be legally evicted.
A notice to quit letter is also known by many other names including:
Much of the time, disputes between landlords and tenants can be resolved civilly without turning to legal action. However, on some occasions the situation becomes untenable, and an eviction process must be started.
There are a number of steps you’ll need to follow to successfully and legally evict a tenant living on your property. These are as follows:
Writing an eviction notice is not a tricky task and is something you can create yourself at home. Nevertheless, this form of legal document must be completed correctly, otherwise, a tenant could successfully sue against the eviction in court.
Using LawDistrict’s online template you can get specialized advice to help you write your own eviction notice.
However, if you intend to evict a tenant in a rental control unit or a government-subsidized property (such as Section 8 properties) you will need to follow specific rules in order to perform a successful eviction. This may require the assistance or advice of a real estate lawyer.
An eviction notice or notice to quit must contain the following information for it to be legally valid:
Your eviction notice must conform to your individual state’s rental property laws. This can make the process of an eviction a little more complicated as specific reasons, notice periods, and delivery services must be used in order for a Notice to Quit to be legally valid.
The table below explains these key details that might affect state specific eviction notices in 12 of the states with the most rental properties:
7 days (after receiving a Dispossessory procedure summons)
No specified period
No specified period
Not necessary or 30 days if landlord has accepted late rent previously
None if illegal activity has been committed on the property
10 days if substantial damage has been done to the property
15 days (for leases of less than 1 year)
30 days (for leases of over 1 year)
The way you deliver your carefully prepared eviction notice is just as important as the information it contains.
State law usually sets out specific rules on how you must deliver your signed and dated eviction notice before the notice period officially begins.
This is done to prevent disputes by ensuring that the tenants clearly and demonstrably know that they have been given legal notice to leave or correct a lease violation.
Depending on the state the landlord may serve the notice themselves or hire a certified process server to do the job for them.
However, it is essential to check the correct way to deliver your eviction notice in your state before sending it to the tenant.
Some commonly accepted delivery methods are:
If you’re still wondering about some of the finer details of eviction notices, don’t worry. We’ve answered some of the most common queries that landlords often ask in our frequently asked questions section below.
Depending on the circumstances and the tenant, an eviction could be completed in mere days. However, in a situation where the resident refuses to leave or the eviction notice is incomplete or incorrect, it could take months.
The time it takes to evict someone from a property you own or manage ultimately depends on the state and county laws in effect and the tenant living in your property.
You must follow the state’s guidelines for minimum notice and follow the correct legal process should the tenant not withdraw from the property.
How much evicting a tenant costs will often depend on how long the removal process lasts.
If you serve an eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $500 not including potentially lost rent).
However, if the tenant refuses to leave the property this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.
If the lease on your property is about to expire or a tenant has invited someone to rent or sublet who is not named on the rental agreement, you can serve them with a 30-day notice to vacate.
In the event that they don’t leave the premises after this period of time has passed, you can carry out legal eviction proceedings as you would with any regular tenant.
If you are served with a legal notice to quit as a resident of a rented property, the document will notify you of how many days you have to vacate.
This may be as little as 3 or as many as 60 days depending on the circumstances for the eviction, the laws set in the state you’re living, and the property in question.
You are only a few steps away from your own Eviction Notice!
Download our professional examples_________
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_________, California _________
TO TENANT(S), ALL OTHER RESIDENTS AND UNNAMED OCCUPANTS OF THE PREMISES LOCATED AT:
_________, _________, California _________
PLEASE TAKE NOTICE that pursuant to the lease and/or rental agreement dated _________ you are justly indebted to the owner or landlord of the herein described premises and that notice is hereby given that there is now due, unpaid and delinquent rent during the last twelve months in the total sum of $0.00, as follows:
| _________ | to | _________ | $_________ |
| Total: | $0.00 |
WITHIN THREE (3) days after service on you of this notice, you are hereby required to pay the amount of the above-stated rent in full OR quit and vacate the subject premises and turn over possession to the owner or landlord _________ or his/her authorized agent. PLEASE TAKE FURTHER NOTICE that if you do not pay the rent in full OR turn over possession of said premises WITHIN THREE (3) days as required by this notice, that the undersigned does hereby elect to declare forfeiture of your lease deposit and/or rental agreement. In addition, the owner or landlord will institute legal proceedings for an unlawful detainer against you to declare the lease or rental agreement void or forfeited and recover possession of said premises. Such proceedings could result in a judgment against you, which may include court costs and attorney fees, as well as damages, as allowed by California law. If the court determines that you have maliciously withheld the payment of rent, it may award the plaintiff statutory damages of up to SIX HUNDRED DOLLARS, in addition to actual damages, including rent found due, in accordance with California law.
THIS IS INTENDED AS A THREE (3) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS IN COMPLIANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE § 1161.
Make payment to: _________
Address: _________, _________, _________ _________
Payment must be made by 10:00 AM on _________
(Payment can be made in person between the hours of 9am and 5pm Monday through Sunday).
Phone Number: _________
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF CALIFORNIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
By: ______________________________
_________
_________, _________, _________ _________
_________
I, the undersigned, _________, being at least 18 years of age, certify and declare under penalty of perjury that on the _____ day of _____________, 20___ I served the above notice to the tenant(s) personally to the person in possession of the property, or in the manner(s) indicated below:
__ On _____________, after attempting personal service, by delivering it on the premises to a member of suitable age of his/her family or household or an employee of suitable age and discretion at the residence/business of the tenant(s), with a request that it be delivered to the person in possession of said premises, AND deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her place of residence.
__ On _____________, after attempting service in both manners indicated previously, I served this notice by posting it in a visible place at the residence of the tenant(s), AND I deposited a true copy through Certified U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) or the person(s) in possession of the property at his/her/their place of residence.
Executed on ____________________
Served by ______________________
