Eviction Notices

An eviction notice, scary as it is, is not the eviction itself. When a tenant is served with an eviction notice they still have rights and options. The eviction notice may be presented as a legal document, but it must meet strict requirements before a court will consider it valid. It’s important to understand the eviction process first.

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What is the purpose of an eviction notice?

An eviction notice is meant to inform tenants that a legal process of eviction is about to begin if the landlord’s grievance cannot be resolved. If the eviction is not based on a particular grievance, there is generally a much longer deadline to respond – up to 30-60 days (as opposed to 3-5 days for many issue-specific notices in some jurisdictions).

If the issue is confronted and legal requirements are adhered to quickly and competently, a tenant may be able to delay the process for weeks or even months, or even prevent the eviction from happening altogether.

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What are the legal requirements of an eviction notice?

In any jurisdiction, an eviction notice must provide all the information a tenant may need to understand the landlord’s reason for eviction, and all the information needed to respond within required time frames, in order to be valid. Legal eviction processes begin only if a tenant doesn’t use that information and responds appropriately before the deadline. Courts determine what kind of information is necessary and how it must be presented.

Landlords often hire legal counsel to assist in the eviction process. It is not required that a tenant hire an attorney, however, many tenants’ rights/housing lawyers offer legal aid clinics and other free or low-cost legal assistance services, so it may be worth considering.

Must eviction notices contain accurate information?

If you’ve received an eviction notice, the first and most important thing to do is to read the entire eviction notice carefully. Although they are not very long, they are subject to a long list of strict legal requirements.

A notice of eviction is much like any other notice. If the notice or its method of delivery is invalid or defective in any way, it must be filed again by the landlord. At a minimum, this can provide the tenant with another week or two to work through a solution.

A landlord’s exact grievance must be stated on the eviction notice itself, along with instructions on how to fix the problem within the time limit. Often, these grievances involve accusations of a tenant breaking the terms of their lease term, (e.g., failing to pay rent, disturbing neighbors, engaging in illegal activity, making frivolous complaints, etc). It’s important to refer to any personal records and compare them to landlord claims.

What is the eviction notice procedure?

After receiving a notice, a tenant must respond in a timely, if not urgent, manner.

The typical 30-day eviction notice, as the name indicates, requires a response within 30 days of receiving it. State and local jurisdiction laws, as well as the specific circumstances involved, can also impact how long a tenant has to respond. It will indicate at the beginning of the notice exact time frames, and deadlines to respond will never be upheld in court if a notice did not clearly communicate to the tenant.

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What are the types of eviction notices?

It’s important to note that the following types of notices are reasons for receiving a notice, not reasons for being evicted:

Notice to Pay Rent or Quit

If a tenant doesn’t pay rent when it’s due, a landlord can serve a notice, giving the tenant some time in which to pay the amount owed plus any associated late fees (as listed in the signed rental agreement), or move out. The time period given is usually 3-5 days. If the tenant pays the full amount in the given time, there can be no eviction on this notice. The landlord must start all over again with a new notice and new time period if there are other violations that need resolution.

Notice to Correct Lease Violations

In some states, a landlord can give a tenant a notice to fix some violation of their rental agreement, such as a junk car in the front yard, a pet that is not allowed by the original lease, or more people living in the unit than is allowed in the agreement.

The notice must state the amount of time the tenant has to correct this. For example, state law may give the tenant 5 or 10 days. As long as the tenant corrects the violation in time, there can be no eviction on this notice.

Notice to Quit

In some states, a landlord may give a notice for a tenant to move without any possibility of correcting something. In most cases, this can only be done if the tenant has seriously violated their rental agreement.

For instance, a tenant is repeatedly late with the rent, causes damage to the rental property, threatens the health or safety of the property or other tenants (sometimes called nuisance), or grows or sells drugs on the rental property. The time given to move depends on state law. If the tenant is shown to have done what the landlord is accusing him or her of, they must move or be evicted.

30-Day Notice and 60-Day Notice

In most states, a landlord can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law is usually a 30 or 60-day notice, but it may be as short as 20 days or as long as 90 days. There may be different time periods if the tenant has lived in the unit for a long time, is a senior citizen, or is disabled.

The requirements also vary if the tenant is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. Some states or cities require landlords to pay relocation expenses to senior citizens or disabled tenants or for units that are being converted to condos.

A landlord can’t give this kind of notice to a tenant with a lease agreement until the lease agreement period is over. He or she also can’t give such notice for reasons of discrimination or as retaliation against a tenant (e.g., for reporting violations or insisting on legal repairs). This type of notice may also not be allowed in rent-controlled buildings or buildings protected by rent stabilization laws.

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Understanding Eviction Notices: Case Studies and Legal Requirements

Case Study 1: Notice to Pay Rent or Quit

Amy, a landlord, serves a Notice to Pay Rent or Quit to her tenant, John, who has fallen behind on his rent payments. The notice informs John that he has 5 days to pay the outstanding rent or vacate the premises. In this case, the eviction notice utilizes the insurance concept of mitigating financial loss by giving the tenant an opportunity to rectify the situation and avoid eviction.

If John pays the rent within the specified time frame, the eviction process will be halted, and he can continue residing in the property.

Case Study 2: Notice to Correct Lease Violations

Sarah, a landlord, discovers that her tenant, Michael, has violated the terms of their lease agreement by having a pet in the rental unit, which is explicitly prohibited. Sarah serves a Notice to Correct Lease Violations, giving Michael 10 days to remove the pet from the premises.

The purpose of this eviction notice is to address the violation and provide the tenant an opportunity to rectify the situation. If Michael complies and removes the pet within the given timeframe, he can avoid eviction.

Case Study 3: 30-Day Notice

David, a landlord, decides to sell the rental property and serves a 30-Day Notice to his tenant, Lisa. The notice informs Lisa that she has 30 days to vacate the premises. This eviction notice follows the insurance principle of providing a reasonable period for the tenant to find alternative housing arrangements and minimize the disruption caused by the eviction.

Lisa has 30 days to secure a new place to live before she is required to move out.

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