Eviction, Unlawful Detainer & Notice to Vacate Forms - Unlawful Detainer Notice

Eviction Law - How to Evict Legally Legal Eviction

If you need to evict a tenant, you must follow proper legal procedures. How to evict a tenant is governed by lease terms and landlord and tenant law, which varies by state. If the lease doesn't specify how to terminate a lease and the termination notice required, then state residential landlord and tenant law will apply. A tenant behind in unpaid rent without a written lease is generally considered a month to month tenant and entitled to an eviction notice under state landlord tenant law. Generally, each state requires a certain number of days notice, according to the reasons for eviction and the applicable state statute on involuntary termination of a tenancy. The notice must be in writing and delivered within the statutory time frame in order to get an order of eviction from the housing court if needed. Typically, the tenant who owes unpaid rent will have tenants rights to 30 days notice before an eviction may be sought. However, in some states, only a three day notice is required, and in some emergency situations, a tenant may be evicted immediately.

Landlords seeking to evict a tenant may not use self help measures and remove a tenant's belongings without a court order of eviction. A landlord must comply with tenants rights under the state landlord and tenant law by following the requirements for sending an eviction letter before the tenant may be physically removed from the premises. When an eviction proceeding is brought in the housing court, it is often called a forcible entry and unlawful detainer or forcible detainer action. If the court finds the tenant guilty of forcible entry and unlawful detainer due to lack of right to possession of the premises, then an order for eviction or writ of possession can be ordered

In some states, a notice to vacate must include certain information, such as the tenant's right to return of a security deposit. The eviction notices offered by US Legal Forms are specifically designed by professionals according to the laws of each state and are regularly updated to keep current with new legislation. A letter of eviction template can be easily downloaded and filled out in Word format in a matter of minutes. If you need a letter of eviction or are a tenant seeking to defend against an eviction, US Legal Forms has the forms professionals trust.