Legal Rights and Eviction
While there are laws in place that protect tenants from landlords who just wish to have them out of their property (for any reason or no reason) there are laws that govern eviction. In most states, the landlord must notify the renter that their rent is in arrears and provide them with time to cure the deficiency.
Depending on the individual state laws, the time to cure is between three (3) and five (5) days. In addition, this notification must be made in writing. This generic eviction notification may be helpful for landlords to begin the legal process. It is important that the landlord understand the state laws regarding eviction; they should be reviewed carefully.
Filling out the eviction notice
Eviction notices are considered legal documents. Depending on individual state law, the eviction process for late rent begins with serving notice to the tenant that they are in arrears.
At a minimum, the notification should include the property address, the date the rent was due as well as the number of days that are being allowed to correct the deficiency. It is important to keep in mind that in most cases, more information is better as this document may be needed if the tenant does not pay the arrears.
Additional information that will help a landlord should they need to file a court case (included in this template) includes the last date that a payment will be accepted, whether or not a partial payment will be accepted, and a notification to the tenant that additional legal action may be impending. It is important to note that a landlord is under no legal obligation to accept partial payment to cure a default. However, if the landlord does accept a partial payment, it will result in the eviction notice being negated.