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How Is a Notice of Eviction Served?

A notice of eviction, or a notice to quit, is served by a property owner when they wish to terminate a rental agreement with their tenant or the party in possession of the property, and remove them from the premises. A notice of eviction is usually served when a tenant has fallen behind on the rent or has damaged or abused the property. A notice can also be served if the tenant contractually violates any provisions of the lease, such as having more people living on the property than agreed upon in the lease.

Use of a Process Server

There are several ways to serve a notice of eviction. A landlord can hire a process server or professional service that will handle the actual serving of the notice of eviction to the tenant. The problem with this is that many times the tenant is not easy to serve when they are behind on the rent and know the landlord is looking for them.

Notice of Eviction by Certified Mail

The most effective way to serve a notice of eviction is to send the notice via certified mail with a return receipt. After this is done, the notice of eviction is posted conspicuously on the property, such as the front door or garage. It is important to note that the landlord may not do things such as change the locks or shut off power or water to the property during an eviction process. Once the notice is properly served, it is up to the local authorities to enforce the order if the tenants do not comply.

Notices to Quit

There are different types of notices to quit.

  • A 3-day notice to quit is used to terminate a tenancy when the tenant has failed to pay rent, violate provisions of the rental agreement, is utilizing the property for an illegal purpose, has caused damage to the property or has created a nuisance.
  • A 30-day notice to quit can be used to terminate a tenancy of a residential property that has been in duration for less than one year.
  • A 60-day notice to quit can be used to terminate a tenancy of a residential property that has been in duration for more than one year.

There are also certain circumstances that require a specialized notice to quit. If a tenant's rent is subsidized, a longer notice to quit must be given. It is important to understand the specific laws for your state and area, and it is recommended to check with your local rental board.

How to Create an Eviction Notice or Notice to Quit

We can help you with all of your legal document needs. Use our eviction notice form or notice to quit form to create, download, and print your legal forms right now.