An eviction notice has diverse meanings depending on where you live. In certain states, this is the equivalent to an eviction complaint. Time and again, though, this is a non-binding primary warning of lease violations or forcing the renter to notice that they are doing something that infringes the lease. This would include, but is not partial to, late or missed rent. An eviction notice is comparable to a ‘notice to quit’ (which primarily relates to month-to-month leases).

This file is normally served by a process server, who is an unbiased third party, not involved in the issue. That assures that proper notice was given to the renter and removes either party from coming forward and claiming they were not informed of the problem. The notification should spell out the lease conditions that have been dishonored and the quantity of time that the renter has to repair the situation. State laws usually govern how long the renter will have to make the alterations. For missed rent, it is typically 5-10 days. In the lack of any state laws over this specific issue, I would give the renter 10 days to solve the problem.

If the renter still refuses to observe the eviction notice details or does not correct the situation to the landlord’s approval, the next step is filing an eviction against the renter. This initial procedure of serving the renter with an evict notice will be tremendously significant once you are in court. Often a renter will try to claim that they had no knowledge of violating the lease. A landlord can then show the notice of eviction that was served previously, showing that the landlord informed the renter of the problem and the renter did nothing. This clear example can show the eviction judge that you strained to work through this problem previous to filing the lawsuit.

A different and still effective way to use the eviction notice as influence is to have your eviction attorney compose and send the letter. Although this will cost some charges, it will look much more certified, intimidating, and serious when it comes from a respectable eviction attorney.

Remember that an eviction notice must be very precise in what you want the renter to right. It is also, usually, not a legal document that unaided will allow you to physically eradicate the renter from the premises. Used appropriately, though, it can be a beneficial tool.