What's the difference between an eviction notice, notice to vacate, and notice to quit?

Any notice directing a resident to leave a property is considered be an “eviction notice.” Both a “notice to vacate” and a “notice to quit” are types of eviction notices that seek the same basic goal: to formally notify someone that they must leave the property. Some of the most common reasons for issuing an eviction notice are a lease violation or termination, mortgage foreclosure, or rent delinquency. Whether it be a notice to quit or a notice to vacate, all eviction notices must comply with applicable state laws in order to have any legal effect.

How is an eviction notice served?

There are two main ways to serve an eviction notice: certified mail or using a professional process server. However, it is important to know your local rules, as they may vary depending on your city or state.Certified Mail In general, the most effective way to serve an eviction notice is to send the notice via certified mail with a return receipt. After this is done, and depending on applicable laws, the eviction notice is also posted conspicuously on the property, such as on the front door or garage.Use of a Process Server A process server or professional service company will actually serve the tenants with the notice. The problem with this procedure is that if the tenant knows that they are behind on rent, then they may not be easy to find.Other Common Methods Depending on your local rules, the landlord may also be able to serve the notice via the following methods: Posting the notice at the premises Personal delivery to each tenant Personal delivery to one tenant Personal delivery to a non-tenant

What is a notice for termination WITHOUT cause?

A notice for termination without cause is used by landlords to end a tenancy where the tenant has not done anything wrong. These types of eviction notices are frequently used by landlords who wish to raise the rent and need to remove the tenant in order to do so. In some jurisdictions, a 30-day notice to quit is used to end the tenancy of month-to-month rentals or a lease agreement that has been in existence for less than one year. A 60-day eviction notice is most frequently used to end a lease agreement that has been in existence for at least one year.

What is a notice for termination WITH cause?

Landlords use a notice for termination with cause to rectify a tenant’s failure to comply with obligations found within a lease agreement. A landlord should always be familiar with their local and state laws as the rules for serving an eviction notice can vary greatly. Common causes are: failure to pay rent, damaging the property, or violating one or more terms of the lease agreement. Depending on applicable laws, a 3-day eviction notice may be used when a tenant has failed to pay rent and the landlord wants to remedy this situation as quickly as possible.

Eviction Notice Template | Tenant Notice to Vacate

What is an eviction notice?

An eviction notice, also called a "notice to vacate" or "notice to quit," is a legal document sent by landlords to provide written notice of a violation or end the tenancy in a rental property. In most states, this is the first step to beginning the legal eviction process.

When to use an eviction notice

Late payment or non-payment of rent
The tenant has violated the terms of the rental agreement
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
Your tenant has remained on the property after the lease term has ended or after you notified them that you are ending their tenancy

Use the type of notice that suits your needs the best

Notice to Quit Also called a notice to vacate, these legal documents notify non-compliant tenants that they must vacate the rental unit or property.

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Notice to Vacate Notify either a tenant or a landlord of the intent to terminate a rental agreement and vacate the property by a specific date. This may be issued by either party.

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Create an eviction notice in your state

Complete an eviction notice in three easy steps

1. Determine the Grounds for Eviction

Most states require you to provide reasons for evicting your tenant, such as non-payment of rent or violation of the terms of the lease.
2. Complete Our Eviction Notice Form

Provide detailed information about the rental property, including the full address, the name of the tenant, and the date that the lease was signed.
3. Send the Eviction Notice to the Tenant

The service of an eviction notice officially commences the legal eviction process. Depending on your jurisdiction, you may be able to send the eviction notice by delivering it personally to the tenant, posting it to the tenant’s door, or delivering it by certified mail.

What kinds of eviction notices are there?

There are multiple types of eviction notices. Note that while these notice periods differ slightly from state to state, the following are some of the most common:

A five-day eviction notice is often used to terminate a tenancy when the tenant has failed to pay rent, violated 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 thirty-day eviction notice may be required to terminate a tenancy of a residential property that has been in duration for less than one year.
A sixty-day eviction notice may be required to terminate a tenancy of a residential property that has been in duration for more than one year.

Note that certain circumstances require specialized notices to quit. For example, if a tenant's rent is subsidized, then a landlord may need to utilize a longer notice to quit. As state and city laws vary, it is important to understand the laws in your area. Regardless of which notice you need, each serves to exercise the legal rights afforded by the landlord-tenant relationship.

Get Your Eviction Notice

Elements of an eviction notice document

Reason for eviction: LegalNature’s eviction notice form builder will guide you through selecting the appropriate reason for the eviction and includes the appropriate notice period options.

Notice period: Landlords must give the state-mandated minimum notice periods.

Tenant response timeline: Clearly state the time allowed for the tenant to: a) remedy any violation (if applicable), or b) vacate the property.

Serving the notice: Each state has different rules that landlords are required to know and follow to give their tenants proper notice. LegalNature’s form includes a Proof of Service page that helps landlords prove that their notice was properly served. While optional in many states, it is generally recommend that landlords use it.

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Eviction Notice