Drafting a Termination and NoticeReal Estate Influence
September 2, 2013 — 2,978 views
It is important that you do not attempt to draft your own eviction notice. This practice falls under self-eviction and will not hold up in a court of law. If the court does not provide you with an official eviction notice, visit your local government website. Local governments have previously-drafted eviction notice forms available for landlords on their websites.
A standard eviction notice must contain the names of all tenants and occupants, the date of the notice, the date by which the tenant must fully vacate the property and, most importantly, the reason for the eviction. Both the landlord and any property manager or other individual who is responsible for serving the notice should sign the eviction notice. Once the document is signed and officiated, there are still other best practices to follow.
The person who serves the eviction notice must actually place the notice in the hands of the tenant on the lease. The notice cannot be served to a legal occupant or anyone other than the tenant or tenants on the lease. If only one tenant on the lease is present, it is fine to serve the notice to them.
Unlike the movies where a landlord places an eviction notice on the tenant's door, you must actually have the tenant sign a receipt acknowledging that they have received the eviction notice. In the event that an angry tenant refuses to sign an eviction notice receipt, you can still deliver the notice but be sure to record their refusal for your records. Refusal to sign an eviction notice will typically work against the tenant in court.
Once the notice is served and the allotted time for the tenant to solve any issues or vacate the property has passed, the police will typically choose a date to come and escort the tenant off your property. Most states require that you give the tenant their security deposit, if applicable, within 14 to 30 days of leaving the property. However, in the case of eviction the security deposit is not always refundable.