How to Write an Eviction Letter
If you don’t know how to write an eviction letter, your eviction may not hold up in court. Here’s how to write a proper eviction letter – and ensure that your bad tenant won’t be able to stay.
Getting a bad tenant to move out of a rental property is not as simple as telling them to leave. A proper eviction is one where you file through the courts and properly document the process. If you fail to write a proper eviction letter, then your whole eviction may have no weight in court.
For this reason, it’s important to learn how to legally evict someone. Read on to find out exactly how to begin the process.
When addressing an eviction notice, you must include the person’s legal name that is on the lease. If “John Smith” on the lease goes by “Jimmy,” your notice should name “John Smith.” You then need to let the tenant know that you are evicting them. The first line of an eviction notice can state “This letter is to notify you that you are being ordered to vacate the property at {insert address} by {insert date}.” Keep it short, simple, and to the point.
After this, you will need to provide the reason for the eviction. If your tenant doesn’t pay rent, is disruptive, or is doing something illegal, you need to clearly state this. Additionally, if you are giving them an opportunity to correct the situation, you need to give them a date to remedy by. For example, you could write “You have not paid your rent for the last three months and you have been issued multiple notices on {insert dates}. If you wish to avoid eviction due to not paying rent, you will write a check to {insert party} by {insert date} and deliver to {insert address}.” This clearly tells them how to fix the situation.
Your notice should be as specific as possible. If the tenant keeps animals illegally in the apartment, remind them that the lease forbids that. If the tenant does not pay rent, remind them of the unpaid amounts and the dates of prior warnings. Additionally, point to any clauses in the lease that state your tenant’s actions are unlawful and thus require an eviction.
If you want a tenant to vacate by a certain date, tell them exactly what they date is. State laws vary and have different guidelines for how much notice you have to give a tenant. Additionally, the notice you have to give may vary based on the offense. If your tenant is doing something dangerous, you may be able to get them out sooner than for something like unpaid rent. The latter may be annoying, but it doesn’t put anyone in harm’s way.
Once your letter is complete, be sure that you make a copy for your own records. A bad tenant may throw out your letter and say they never got it. Finally, be sure to properly serve the eviction letter. Send the notice by certified mail or a third party messenger to ensure that the tenant receives it.
Having a bad tenant can be draining – which is why you need to know how to evict. Practice writing an eviction notice now so that you will be prepared if you ever have an unruly tenant.
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