EVICTION NOTICE – NOTICE TO VACATE or NOTICE TO QUIT
The Eviction Notice is a general term that is used to describe the letter or form sent to a tenant from the landlord or court where the Eviction Action was filed or is about to be filed (the notice).
NOTE: YOU (The Tenant) may be noticed several times depending on the court and the notice requirements of your case. The LANDLORD may also receive court notices -either from the tenant or the court.
PAY ATTENTION TO THE DATE AND TIME AS WELL AS THE RESPONSE TIME FRAMES.
So many times the landlord or tenant may lose simply for failure to show up or respond in the time frame required by law.
NOTICE TO VACATE OR NOTICE TO QUIT
The notice may be referred to as a NOTICE TO VACATE or NOTICE TO QUIT or a variation of. In some states, this notice must be delivered to the tenant prior to the start of a court action. In other states, the landlord can file with the local landlord court or civil court to begin the EVICTION PROCESS.
LANDLORDS: FOLLOW THE EXACT RULES OF THEIR STATE and LOCAL GOVERNMENT TO EVICT A TENANT. FAILURE TO DO SO MAY CAUSE A DELAY IN THE EVICTION PROCEEDING.
The key term used in most state Eviction Laws is PROPER NOTICE. Laws vary by state and type of notice required.
In some states, the court delivers the actual summons via certified mail, regular mail or is personally delivered by a court officer with the responsibility of delivering summons.
See EVICTIONS LAWS in your state or find an Eviction Lawyer in your State.
- In many areas you may have free LEGAL AID OFFICES which may be able to assist you if you feel the eviction is improper. For BOTH LANDLORDS AND TENANTS, open and honest communication goes a long way.
- YOU MUST RESPOND to any notices sent by your landlord or property management company or you risk losing some or all of your rights in court.
- BEFORE a landlord can evict you, they MUST file a court action against you. Generally, a landlord cannot lock you out of of the unit without a court order.
The Eviction Notice the landlord is required to send out varies by state, but in general, states the same items.
See our FORM CENTER for EVICTION FORMS