What Is An Eviction Notice? [+ State-by-state Resources]

  • Bobby Sharma
  • Aug 9th 2021
What Is An Eviction Notice? [+ State-by-state Resources] banner

Are you wondering, what is an eviction? Well, if you're receiving a notice from your landlord, it means they are planning to evict you from your home. An eviction notice will give the date that they will come to remove you and your belongings from the apartment. If the tenant has not vacated before that date, then they can be forcibly removed with law enforcement's help.

In order for this process to go smoothly, it's important for both parties to work together. For tenants, it is key that rent is paid on time and any issues being addressed in good faith with the landlord are communicated early on. When landlords receive proper notice of an issue or concern, they have 30 days to begin the eviction process if they choose to keep their tenants in violation of lease terms.

The notice will detail what you are required to do to ensure that an eviction does not occur. The process is relatively simple and is explained below in detail:

If you receive a notice, the first thing you should do is contact your landlord immediately. It's generally better for everyone if you air grievances about the situation upfront. If they are within the time limit of retaining your tenancy they may still choose to let you stay, or decide to evict you improperly without having met all the obligations of law on their end. Either way, at this point it's best to be polite and professional when contacting your landlord and speaking with them about any issues that may be present.

If you are receiving notice, you should try to get in contact with your landlord or their property management company to see if the issues can be resolved without actually going through the eviction process. The more notice given, the more likely it is that they will be able to remedy any issue or concern that you have.

If there is a note of an impending eviction notice on your door, you may only have a day or two before the actual process of removal begins. At this point, it's best not to wait for your landlord and instead immediately contact them and ensure that they understand all of your concerns, especially if they involve rental payment issues.

Finding a lawyer is highly recommended if you are facing eviction. You can search for a tenant-landlord attorney in your area to assist with your case.

Common reasons for sending an eviction notice

There are a number of situations that can lead to an eviction notice being sent to you. Your landlord may need to evict you if there is:

a serious health hazard in the home (such as pests, severe bedbug infestation, exposed wiring)

a criminal activity taking place in the home (such as drug use)

substandard living conditions (such as mold or mold damage)

a history of non-payment of rent or another breach of lease terms in the home (ie. illegal activities)

In addition to these reasons, there are typically a number of reasons listed in the lease agreement that may result in you getting an eviction notice detailing when you must vacate.

Notice requirements for landlords in every state

In most states, landlords must adhere to a specific set of rules when they are legally evicting a tenant. These requirements are in place to protect tenants from being thrown out onto the street with almost no warning or time to prepare. In all states, there is a legal process that must be followed and all notices given must be properly formatted and contain the required information for them to be considered valid.

In some states, warnings can only be given under certain circumstances which may have been violated by you. If such is the case, then you may also find that you have received a notice of the required action when you are not actually in violation.

In addition to this, some states require that eviction be carried out by court order which means that your landlord can not force you out of your home with no notice or warning whatsoever.

Finally, some states require legal assistance for all evictions. In these cases, your only option will be to either go through the process yourself or hire a lawyer on your own behalf. If you go it alone, be sure to keep track of the dates and times that all notices are delivered and keep all contact information for yourself in case there are any questions or problems regarding the eviction process.

Alabama, Arkansas, California, Connecticut, DC, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois (Illinois), Indiana (Indiana), Iowa (Iowa), Kansas (Kansas), Kentucky (Kentucky), Louisiana (Louisiana), Maine and Nebraska all have no state-wide eviction rules. The landlord is free to evict their tenant without any notice at all for any reason though many states have disputes regarding these types of evictions.

Most states require that your landlord give at least a 30-day notice and allow you to move out within the allotted time frame. However, some states like North Carolina have no state-wide eviction rules so the landlord can legally evict you with no notice whatsoever.

The federal laws regarding eviction that may be in place state that a notice of eviction must be at least 60 days. The landlord is required to give you time to prepare for your move and must allow you to get back all of your property before vacating the premises.

Most states also have laws ensuring that landlords can not do certain things such as lock you out, turn off utilities or change the locks while still allowing you time to vacate the premises. However, there are situations where this is acceptable such as when you fail to pay rent or breach other lease provisions. You should know exactly what your rights are and what the rules are in your state.

In addition to this, some states require that eviction be carried out by court order which means that your landlord can not force you out of your home with no notice or warning whatsoever.

Finally, some states require legal assistance for all evictions. In these cases, your only option will be to either go through the process yourself or hire a lawyer on your own behalf. If you go it alone, be sure to keep track of the dates and times that all notices are delivered and keep all contact information for yourself in case there are any questions or problems regarding the eviction process.

For more information, you can visit Real Estate Calculators.