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    When to Use a Notice to Vacate

    • Checkmark Late payment or non-payment of rent.
    • Checkmark The tenant has violated the terms of the lease agreement.
    • Checkmark You want to sell or use the property for other purposes.
    • Checkmark You want to formally notify your tenant that they must resolve a lease violation within a certain amount of time or else they will be evicted from the property.
    • Checkmark Your tenant has remained on the property after the lease term has ended or after you notified them that you are ending their tenancy.

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    How to Evict a Tenant in 5 Easy Steps

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    1

    Try to Resolve the Violation

    It is always a good first step to make attempts to resolve any violation amicably. For instance, tenants with good rent payment histories may be facing temporary financial challenges that affect their ability to pay rent. This approach may convince the tenant to leave on their own accord, and save the landlord time and costs associated with going to court.

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    2

    Send Notice to Vacate to Tenant

    The service of a notice to vacate officially commences the legal eviction process. You can send the notice to vacate by delivering it personally to the tenant, posting it to the tenant’s door, or delivering by certified mail. Once the tenant receives the notice, they will have the opportunity to cure the violation or leave the premises within the period stated in the notice. The notice period is calculated from the day on which the notice is delivered. 

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    3

    File a Complaint in Court

    If the tenant has not cured the violation or left the premises within the period stated in the notice, you can file a complaint in court. After filing the complaint, the court will fix a hearing date and serve the tenant with summons which orders the tenant to show up to court on the hearing date.

    Present Case

    4

    Prove your Case

    The next step is to appear in court and explain why you want to evict the tenant, outlining the violation that the tenant committed. You should bring all documentation related to the case, including the original signed lease agreement, records of payments, communication records, written notices, and the eviction notice.

    Recover Possesion

    5

    Recover Possession

    If your case is successful, the court will order the tenant to leave the premises. If the tenant does not leave the premises, you may contact your local sheriff’s department to move the tenant out. You may also recover any outstanding rent or costs from the security deposit or by filing an action in small claims court.

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    Step by step guidance to help you determine the options you need

    Throughout the form, we explain all the state required terms and you’ll be guided on making the best choices for your eviction notice.

    Eviction Notice

    Eviction Notice

    Create a tenant eviction letter to outline lease violations, the time frame to vacate and more.

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    Notice to Vacate

    Notice to Quit

    Also called a notice to vacate, put non-compliant tenants on notice that they must vacate the unit or property.

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    Help Guide

    Table of contents

    A notice to vacate is used to notify tenants that they are being evicted or might be evicted if immediate action is not taken. They are most often used where tenants are behind on their rental payments, have violated their lease agreement, have committed a crime or violated the law (e.g. created a nuisance or unsafe condition on the property), or have continued to occupy the property after the term of the lease has expired (holdover tenants). You may also use a notice to vacate in order to terminate a week-to-week, month-to-month, or other periodic tenancy. If the tenant is permitted to remedy the issue, the notice will inform the tenant that if they are able to do so within the stated notice period, they will not be evicted. It is best to try to provide tenants with an opportunity to remedy their violations when possible. In the event that eviction proceedings are initiated, this will show the judge that a good-faith attempt at reconciliation was made.

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