06 May Eviction Notice Template: Everything that Has to Go on the Letter
Do you have a tenant who won’t pay rent? Or is damaging your property?
As a landlord, you have the right to remove a tenant, but it must be for specific legal reasons. If you think you have a case, then the first step is an eviction notice.
Even though an eviction notice seems to be a simple step before beginning the legal process of removing a tenant, it still has to meet certain legal requirements. This is to protect the tenant’s rights as much as yours.
Read on to learn more about writing an effective eviction notice, so your letter sticks.
What Does an Eviction Notice Do?
An eviction notice is given prior to the eviction process taking place. It is written by the landlord and outlines exactly what the grievances are and usually how long the tenant has to resolve them. If all of the grievances listed are resolved by the tenants before the deadline, then the eviction notice can be lifted.
By law, the notice has to detail all your reasons for the eviction. If the eviction notice’s terms aren’t clear, then it could be considered invalid. This is so that the tenant understands the information within the notice.
For this reason, most landlords will request legal counsel when writing the eviction notice to be sure it meets all legal requirements. The purpose of the notice is to resolve the violation of the lease agreement, so it should clearly state how the tenant can do this.
This could be such issues as not paying rent, causing disturbances to other tenants, having a pet that is not allowed or having too many people living in the unit than allowed.
When Can You Give an Eviction Notice?
As mentioned earlier, an eviction notice may be posted by a landlord when violations to the lease agreement occur. This includes illegal acts on the premises.
In the state of New Jersey, a landlord does not need to provide notice prior to starting the eviction process if the tenant refuses to pay rent. In fact, if a tenant constantly refuses to pay rent when it is due, you can skip the eviction notice and go right to court to file a lawsuit.
In some cases, landlords can give a three-day notice to quit without any opportunity for the tenant to resolve the issue. For example, if the tenant was violent towards the landlord, caused damage to the property, or was involved in the use or possession of illegal drugs.
A 30-day notice to quit can be provided in an eviction notice when a tenant refuses to resolve the issue after repeated warnings from the landlord. If the tenant doesn’t correct the problem after 30 days, the landlord can begin the legal process. This should be clearly outlined in the letter.
If you want to remove a tenant without a valid or legal reason, then you will need to wait until the lease agreement ends. In some cases, you would still need to give the tenant advance notice of the termination of the lease.
Ready for the Next Step?
An eviction notice is more than a simple letter, it’s a legal document. If you are hoping to resolve the issue with your tenant or are determined to have them removed, you will need to write the eviction notice carefully.
It is recommended that you gain legal counsel when starting the eviction process. Contact us to learn more about your legal rights as a landlord in New Jersey.