The eviction letter is also known as demand notice in which the owner of a property mainly a house or apartment, informs the tenant to evict the place within a given time limit which is about 2 weeks in most cases. This is a legal process not an instantaneous reaction and the owner is supposed to do it in the proper way by following all the necessary steps. Generally when someone rents a house, both parties sign some legal documents, in which the terms and conditions are explained, the expected stay of the tenant and amount of rent he is agreed to pay. Unless the renters has violated some rules or made damage to the place, the owner can’t just evict them just because he doesn’t like the family or their general behavior. He would have to wait for the minimum duration of time he is agreed in the documents. And once he is sure that he has a legal right to evict the place, he starts the eviction process by sending out an eviction letter to the renters. This is a very lengthy process and takes several weeks so if it’s your final decision, you better do it quick.
In this letter the tenant is properly informed that what are the conditions or rules he or she has violated or their stay time is about to over according to the agreement and also the amount of time he or she has before this matter involves legal department. The courtesy staying duration depends upon the type of violation such as if the renters has missed a rent payment, the time is about one week to 10 days and if he or she has made a huge blunder, this time decreases to two to three days. But if the tenant has damaged the house or rented property in any way, this process is quite lengthy and takes several weeks before reaching a solution or agreement so the staying time in this situation increases up to 30 days or more.
Once the tenant has served with the eviction letter, he has a number of choices to make. For example, if this letter is a reaction of a missing rent payment, he can write a sorry letter and pay the amount he owes to the owner or if this notice is related to an unwanted pet on the property, he can satisfy the conditions by removing that pet from the house. Once he has taken any of the above mentioned steps, the owner has a right to simply tear up the letter and stop the process any time. But this is only possible if the owner just wants the renter to act according to the agreement, otherwise once he has decided that either the renter satisfies the contract or not, he is no longer allowed to stay on the property, he should mention that statement in the eviction letter just to make sure that the tenant is not going to make any requests which just lengthen the process but doesn’t have a benefit. All the legal procedures come after the issuing and serving of eviction letter i.e. court notices, hearings or arrests by police.
General Guidelines to Write an Eviction Letter:
- Although this is an official letter but you use it for your personal reasons so there is no need to use any letterhead but if the situation is very serious and you think it will surely involve police and court, you should use a legal document issued by legal agencies just for this kind of purposes.
- Before writing the letter, make sure that you have every right to write this letter and there is no misunderstanding that the tenant can use against you in the future. You should check if you have every necessary document available and not a single thing is missing. It would be better if you discuss it with a real estate attorney as he is more professional and do this on daily basis.
- No matter how angry you are or what your intentions towards the tenant are, there is no need to be harsh or rude in the letter because the renter can use it against you in the court or physically harm you if you have used really bad words. You have to follow the procedure and that bound you to use a proper language in the letter and respect the renter although he or she doesn’t deserve it.
- There is no need to lengthen the letter or discuss anything irrelevant. Keep it as short and concise as possible and in the first paragraph, explain what is the problem i.e. what the rules that the tenant has violated are.
- In the second paragraph, you explain the solution if there is any. This way you give the reader a number of choices so that he can act according to his situation.
- In the third paragraph, you discuss your legal position in this process and the rights you have which allow you to involve the police or court if you want.
Close the letter with the time limit you have given him to look for another place or to respond to the notice.
Here is preview of this Free Sample Eviction Letter created using MS Word,
Here is download link for this Eviction Letter,