How to write an eviction letter

One of the most unpleasant tasks a landlord or property manager will undertake is evicting a tenant. When evicting a tenant, writing an eviction letter is of the greatest importance. In fact, writing an eviction letter is the first step in a formal eviction process. Moreover, writing an eviction letter helps ensure that you are in compliance with your legal obligations. Pay particular attention to the law as this will determine how and when to serve an eviction notice to a tenant. Whatever the motivation behind your decision to evict your tenant, you need to write and deliver a formal eviction letter to your tenant. This is because without an eviction letter and delivery, a legal eviction cannot be initiated. Read on to find out how to write an eviction letter.

What is an eviction letter?

Needless to say, an eviction letter is a formal and legal notification to a tenant to vacate the property within a given period. In addition, an eviction letter serves as a record that you provided your tenant with adequate forewarning of their pending eviction. However, there are instances where a tenant will refuse to comply with an eviction. Under such circumstances you can take legal action against the tenant. As such, you need to keep a copy of the eviction notice.

Every country observes its own specific set of protocols and procedures when it comes to the eviction process. With this in mind, ensure you fully research and understand the eviction procedure in effect in your area. Some of the more prominent reasons for serving termination or eviction letters include:

  • The tenant’s failure to meet their financial obligations.
  • A tenant violating or breaking the conditions of the lease.
  • Significant damage to the property.
  • Use of the property in some form of illegal enterprise.

Eviction letter without cause

To start with, a typical eviction letter is served when the landlord has evidence that the tenant has violated one or conditions of their lease agreement. Under normal circumstances, the landlord will serve an eviction letter once they are ready to proceed with a formal eviction. However, landlords usually provide tenants with notices pertaining to their specific infringement. In most cases, these warnings are issued prior to commencing formal eviction proceedings. These warnings, commonly known as curable notices, give tenants an opportunity to remedy their infractions. Eviction notices that are served without allowing for tenant remediation are known as incurable notices. Some of the circumstances under which incurable notices can be served include:

  • Late rental payments on several occasions.
  • Significant violation of the lease agreement.
  • The tenant causing severe damage to the property.
  • Serious illegal activity being undertake on the property.

Serving an eviction letter without cause

Eviction letters without cause simply mean that the landlord is asking the tenant to vacate the property without any specific cause or fault of the tenant. An eviction notice with cause typically has a thirty-to-sixty-day notice requirement.

What to include in an eviction letter?

It is of great importance that a landlord or property manage know how to draft an air-tight eviction letter. Also, remember that your eviction letter must be in compliance with local legislation relating to evictions. Your eviction letter must include the following items:

  • Date
  • Addresses
  • The tenant’s names
  • Status and date of the lease
  • Clear and concise reason for serving the eviction letter
  •  The date by which the tenant is required to vacate the property
  • Proof of service and delivery of eviction letter

Conclusion

As with any other legal correspondence it is advisable that you seek the advice of a legal professional to ensure that your eviction letter is in compliance with the law. Keep in mind that evictions can be lengthy and complicated affairs. As such, it is crucial that you undertake the entire proceedings in accordance with the law. Almost every landlord or property manager will have to deal with an eviction at one point or the other. Lastly, preparing in advance is essential to ensuring your eviction goes smoothly with any hiccups thereby costing you time and money.

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