Understanding the Eviction Notice Process: Essential Steps

Eviction notices are often seen as a last resort, but did you know that nearly 3.6 million eviction filings occur annually in the United States alone? How prepared are you as landlords and property managers to handle this complex process? 

An eviction notice is a legal document that sets strict timelines and requirements for landlords. Missing a step can lead to costly delays or even case dismissal. 

On the other hand, tenants have rights that protect them from improper eviction practices. So, how can landlords ensure their eviction notices are legally sound and effective? 

This blog breaks down the eviction notice process, highlights common pitfalls, and offers clear steps to protect your property while respecting tenant rights. Understanding this process is crucial for maintaining control and avoiding unnecessary legal issues.

What Is an Eviction Notice and How Does It Work

An eviction notice is a formal written document landlords use to inform tenants that they must leave the rental property. 

It outlines the reason for eviction and the timeframe before legal proceedings begin. Eviction notices are the first official step in the eviction process and must follow state and local laws.

After understanding an eviction notice, it’s important to know how it unfolds under the law and what conditions must be met for it to proceed.

How Eviction Works

Rental properties and all parties involved in lease agreements are subject to landlord/tenant laws set by states, counties, and municipalities. 

Landlords can’t evict tenants without good cause. Reasons include non-payment of rent, damages, illegal activity, or violation of lease terms.

According to research by Princeton University's Eviction Lab, unpaid rent is the most common cause of eviction.

Evictions in the United States are governed by individual states and certain municipalities. For example, in New York, landlords must provide a 14-day notice to pay or quit for non-payment of rent. A 10-day notice to cure is issued for lease violations, followed by a 30-day notice to terminate if the violation persists.

Some states allow property owners to evict tenants at will, even when they have done nothing wrong. For example, in Texas, Landlords can terminate a month-to-month tenancy with a 30-day notice without providing a reason (Texas Property Code, Sec. 91.001). This type of tenancy is open-ended and not bound by a lease or contract. 

However, these renters may be protected in some states, like California, especially if courts deem the action to be discriminatory or retaliatory.

With a clear understanding of how eviction functions legally, the next step is to examine the various eviction notices that landlords commonly use across different regions.

Read More: What Property Owners Expect From Leasing Managers During Transitions

Types of Eviction Notices: US & Canada

Eviction notices are formal documents served by landlords to tenants to begin the process of ending a tenancy. The types and reasons for eviction notices vary by jurisdiction, but some patterns are common within the US and Canada.

1. United States: Common Types of Eviction Notices

Eviction notices have different deadlines and purposes. Common notices include 3-day, 30-day, 60-day, or 90-day Notices to Quit. 

The number of days in the eviction notice is the deadline by which the tenant must comply with the notice's requirements.

Here’s a breakdown of the most common eviction notices landlords use in the USA and what they mean:

• 3-day Notice to Pay or Quit (pay rent or move out)

A 3-day Notice to Pay Rent or Quit is used when the tenant is behind on rent. It asks the tenant to pay the overdue rent or move out (quit).

The Notice must be in writing and include the following:

• The tenant(s) full name(s)
• The rental home address
• Exactly how much rent is owed
• That all the past due rent must be paid within 3 days, or the tenant must move out
• The name, address, and telephone number of the person to whom rent is due
• If rent can be paid in person, the days and times for payment, and the address where payment can be made
• If rent can be paid by mail, the Notice must provide the mailing address
• The total amount owed

This type of Notice can only include past due rent. It cannot include fees, such as late fees, bounced check fees, or utilities. The Notice is invalid if it demands more than what is owed.

• 3-day Notice to Perform Covenants or Quit (fix a problem or move out)

This Notice is used when the tenant is not complying with the rental agreement or lease, and the problem can be corrected.

Examples include a tenant having a pet when the lease prohibits pets or disturbing neighbors with excessive noise. The Notice requires the tenant to fix the issue within 3 days or move out.

This Notice may also be called a 3-Day Notice to Cure.

Some local laws require landlords to send a warning letter about the problem before issuing this Notice. This is sometimes called a "cease and desist letter."

If the tenancy falls under the Tenant Protection Act, this Notice must be given before issuing a 3-day Notice to Quit (see next section). If the tenant does not resolve the issue within the deadline, the landlord may issue a 3-day Notice to Quit without the option to cure.

• 3-day Notice to Quit (move out due to serious lease violation)

A landlord issues a 3-day Notice to Quit when the tenant is responsible for serious problems at the rental property, such as:

• Causing or allowing a nuisance (e.g., a dangerous dog)
• Engaging in illegal activity (e.g., drug sales)
• Creating health or safety hazards (e.g., using highly flammable chemicals)
• Causing significant property damage (committing waste)
• Allowing unauthorized subtenants

If the tenancy falls under the Tenant Protection Act, this Notice is given if the tenant failed to fix the problem after receiving a 3-day Notice to Perform Covenants or Quit.

The Notice must be in writing and include:

• A detailed description of the tenant’s violations, including dates
• A clear statement that the tenant must move out once the 3 days expire (excluding Saturdays, Sundays, and court holidays)

This Notice is also called a 3-day Notice to Vacate or a 3-day Unconditional Notice to Quit.

• 30-day or 60-day Notice to Quit (notice to end rental agreement)

Tenant protection laws often require landlords to provide just cause to end a rental agreement. Examples include necessary major repairs for health and safety, or the sale of the property to a new owner who will occupy it.

A 30-day Notice to Quit is used when the tenant has rented for less than one year, and a 60-day Notice applies when the tenancy has lasted one year or more.

In many cases, landlords cannot end a month-to-month tenancy without just cause as required by the Tenant Protection Act.

Landlords may end tenancies without just cause in some situations, such as:

• Tenant occupancy less than one year (measured by the longest-term tenant if multiple tenants share the home)
• Landlord residing in the rental property (single-family or limited in-law units)
• The landlord lives in one half of a duplex and rents out the other half.
• New housing has been built within the last 15 years.

If required by the Tenant Protection Act, the Notice must also include:

• The legal just cause for ending the tenancy.
• If the tenant has lived there for more than one year, information about rights to relocation assistance or rent waiver for the last month’s rent, including the amount waived if applicable

• 90-day Notice to Quit (Section 8 housing only)

This Notice applies only to Section 8 subsidized housing. Landlords must have just cause to terminate the tenancy and provide 90 days’ notice.

The Notice must include:

• The tenancy termination date
• Detailed reasons for eviction
• A statement that failure to move within 90 days may result in court action, where the tenant can respond
• A 10-day period for the tenant to discuss the Notice with the landlord, starting on the date of proper delivery
• Information on tenants’ rights to request reasonable accommodations if they have disabilities.

Eviction procedures and notice requirements can vary significantly by state and locality, so it is important to consult local laws for specifics.

2. Canada: Common Types of Eviction Notices

Provincial laws shape eviction types in Canada; typical categories include:

• Non-Payment of Rent

Tenants may be served a notice if they fail to pay rent. The notice period and process vary by province.

• For Cause

Includes reasons such as damaging property, disturbing other tenants, or violating lease terms. The notice period can differ based on the severity of the cause.

• Landlord’s Use

Landlords may evict tenants if they or a close family member intend to occupy the unit, often with a more extended notice period (e.g., two or four months in British Columbia).

• Renovation or Demolition ("Renoviction" or "Demoviction")

Tenants can be evicted if the landlord plans major renovations or to demolish the building. This type of eviction has become more common in tight housing markets.

• Sale of Property

In some provinces, tenants can be evicted if the property is sold and the new owner intends to occupy the unit.

• Conversion to Other Uses

Evictions can occur if a landlord converts a rental property to another use, such as commercial space.

Informal evictions, where tenants are pressured to leave without formal legal proceedings, are also a significant issue in Canada and are not always captured in official statistics.

After choosing the appropriate type of eviction notice, it is critical to ensure it is served correctly. Let’s look at the proper methods landlords must follow to deliver these notices effectively.

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Serving an Eviction Notice

Proper delivery of an eviction notice is crucial to ensure legal compliance and avoid delays in the process. Several accepted methods for serving eviction notices exist, each with its own specific rules, as follows.

• Personal Service

This method involves directly handing the eviction notice to the tenant. Personal service is often preferred because it reduces disputes over whether the tenant was notified correctly.

• Substitute Service

If the tenant cannot be reached personally, the notice may be delivered to another adult at the rental property, such as a family member or roommate. In addition, the landlord is usually required to mail a copy of the notice to the tenant’s address to ensure the tenant receives it.

• Posting and Mailing

When personal or substitute service is not possible, the notice can be posted in a conspicuous place on the rental property, such as the front door. The landlord must also mail a copy to the tenant’s address. This method is often used as a last resort.

The eviction notice must be served in writing and under provincial laws. In British Columbia, for example, the notice must be served to the tenant in person, and the timing of service (such as before 9 p.m.) is specified by law.

Following the correct service procedure is essential because improper delivery can invalidate the eviction notice, leading to costly legal setbacks. Landlords should document the date, time, and method of service to protect their case.

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Apart from the proper service, the eviction notice must also meet specific legal standards to hold up in court. Here’s what landlords need to include to avoid costly errors.

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Legal Requirements for Eviction Notices

Eviction notices must include specific information to be valid and legally enforceable. Omitting key details or making errors can cause delays or dismissal of eviction proceedings.

Essential Details to Include:

• Full name(s) of the tenant(s)
• Address of the rental property
• Clear reason for eviction (e.g., non-payment of rent, lease violation)
• Exact amount owed if the eviction is due to unpaid rent
• The deadline by which the tenant must comply or vacate
• Contact information for the landlord or property manager

Common Mistakes to Avoid

Here are some of the common mistakes to avoid rejection of the eviction notice.

• Using incorrect tenant names or addresses
• Failing to specify the amount owed or including unauthorized fees
• Giving inaccurate or ambiguous deadlines
• Improper service or delivery of the notice
• Including demands or conditions not allowed by law

Legal Consequences of Improper Service

If the eviction notice does not meet legal requirements, courts may reject the eviction case or require the landlord to start the process over. This can extend the time before a landlord can regain possession and increase costs.

Landlords should carefully review eviction notices for accuracy and follow all state and local laws to protect their rights.

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While landlords must carefully prepare eviction notices, it’s equally important to understand the tenant’s perspective and the rights they retain after receiving such notices.

Tenant Rights and Responses to Eviction Notices

Tenants have important rights after receiving an eviction notice, and understanding these can help them avoid or resolve eviction proceedings.

• Right to Pay Owed Rent

When eviction is due to unpaid rent, tenants usually can pay the full amount within the notice period to halt the eviction. This “right to cure” prevents eviction if the tenant acts promptly.

• Options After Receiving an Eviction Notice

Tenants can:

• Pay overdue rent or correct lease violations if allowed
• Negotiate with the landlord for more time or payment plans
• Seek legal advice or representation, especially if they believe the eviction is unfair
• Prepare to move out if eviction is unavoidable.

• Responding to Court Summons

When the eviction proceeds to court, tenants must respond to the summons and attend the hearing. Failing to appear can result in a default judgment against them.

Legal representation helps tenants understand their rights, present evidence, and negotiate better outcomes. Community legal aid organizations may offer free or low-cost assistance.

If the dispute isn’t resolved, the case moves to a hearing, where a judge decides the outcome. Here’ how.

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Hearing and Judgment

When an eviction case reaches court, tenants can present their side before a judge. This hearing allows landlords and tenants to provide evidence and explain their positions.

The judge reviews the facts, lease agreements, and any documentation related to the eviction and decides whether the eviction is justified.

If the judge rules in favor of the landlord, a formal judgment for possession is issued. This judgment authorizes the landlord to regain control of the property, often leading to a scheduled eviction by law enforcement if the tenant does not leave voluntarily.

Tenants who disagree with the decision may have the option to appeal within a limited timeframe. Appeals require following specific legal procedures and deadlines, which vary by jurisdiction.

Understanding the court process helps landlords and tenants prepare and respond effectively to eviction proceedings.

Conclusion

The eviction notice process is key to managing rental properties and protecting your rights as a landlord or tenant. Knowing the different types of notices, how to serve them properly, and the legal requirements can help avoid unnecessary delays and disputes. 

Managing eviction notices alongside rent collection, lease management, and tenant communication can quickly become overwhelming. 

RIOO’s all-in-one cloud platform streamlines these tasks, helping property managers stay organized, automate routine processes, and maintain compliance with legal requirements. 

Explore how RIOO can simplify property management and reduce administrative burdens for your residential or commercial portfolio.

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