how would i go about writing out an eviction notice?

Most likely you will have to give some sort of 60-day notice or 30-day notice. Depends how long the person has been there. I believe it might vary due to what State and county you are in.

If you go to a print/notary store, sometimes they will have legal forms that you can look up and buy. Or you can call your mortgage company and ask if they know where to get the right forms.

Just be sure you have a good reason that clearly violates part of the lease. It can be an innability to pay rent (which is what it sounds like) and you can always cite the rule that it is breaking and attach a copy to the eviction notice so that it is perfectly clear why they have to leave and there is no confusion.

Good luck, and remember that renting is business. It is always unfortunate to evict someone, but it has to be done. If you really feel that bad, find someone who takes care of local social services and hook them up. They usually have all the resources to help someone find a home.

:)

Usually you start with a 3 day pay or quit notice which you can hand to the tenant or tape to the door (I'd mail it and tape it).

Check with your state laws. Then you are best to go ahead and hire a lawyer to handle the eviction as you cannot evict without the court hearing and a judge's order.

Nolo Press puts out an awesome series of books that can be purchased at most book stores. Purchase the landlord book for your state. It will cover the laws and procedures, and has sample forms you can duplicate in the back. The book will also let you know for sure if you can handle this on your own or if you really must have a lawyer.

I had to evict someone once in CA and couldn't afford a lawyer. Legal aid did it for free.

You need to be careful to follow the law or any judge is going to side with the tenant and it will extend his "free" stay.

Sometimes it is cheaper and faster to bribe the tenant to leave. In some areas an eviction can take 2-3 months, which means at least that long with no income, and the legal costs AND sometimes the damage an angry tenant will leave behind.

So your cheapest and easiest option might be to tell him that you'll give him $1000 if he's out in a week (payable at the time of the final walk through).

This first link is one that I found that is more intended for the tenants being evicted. It gives them advice, etc. It might be worthwhile to read something like this to assist you before you give notice.

The 2nd link is for some sample eviction notices. Just click on this link and then go to the "free" notices area. You'll see several different examples depending upon the circumstances, etc.

Real Estate Contracts

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This site will provide you with printable legal forms to use for eviction of a tenant plus a great deal more. I use this site all the time for rental applications and leases.

Make sure you review your State's or even City's law about eviction. In the state of Washington the laws are very Pro-Tenant and you have to be careful or they'll be there "forever" and you will never get compensated.

Well, I'm sure he is feeling pretty lousy already, so try not to use any negative words in the letter...

Try saying something about it requires money to live here and you are a business and you need to operate, you cannot give out things for free and you have been generous enough letting him live there for free til now, and give him a reasonable amount of tiem to move out. (maybe 3-6 weeks).

Just make him understand YOUR point of view - you need your money.

Here is an example from the State of Washington, could use it as an example.

http://www.accessevictions.com/sitebuildercontent/...

Here is another sample,

http://www.lawsmart.com/documents/landlord_demand....

Check your state laws.

it depends on the state you can contact me at www.diversifiedlender.com and I may be able to help

Governing Law

Where is the rental property located?

Notice Type

Party providing notice: Landlord Tenant

Type of notice:

Type of notice:

Notice to quit is used where a Tenant has:

1. failed to pay their rent within the required time after it was due

2. caused serious damage to premises

3. violence or threats to health, safety of property and other Tenants

4. illegal activities on Premises such as drugs or prostitution

Notice of Lease Violation is used where a Tenant has failed to comply with the Landlord's rules or breached a term of the Lease. The Landlord is giving the Tenant notice to remedy the violation within the notice period. The Landlord may choose to terminate the Lease if the violation is not remedied OR to remedy the violation itself at the Tenant's expense.

Notice of Termination is used where the Landlord wishes to terminate a periodic tenancy (such as a month to month Lease) or the Lease requires advance notice to terminate the Lease.

Demand for Possession can be used where a Tenant has been previously given a Notice of Lease Violation or the Notice to Quit (for non-payment of rent and where the Landlord has not yet terminated the Lease).

Notice of Rent Increase is used where a Landlord wishes to increase the rent charged on the Premises.

Notice to Repair is used when the Tenant wants to give notice to the Landlord that the Landlord is breaching a term of the Lease or the state legislation in that it is not properly maintaining the Premises.

Notice of Termination is used when the Tenant wants to give notice to the Landlord that the Tenant has elected to terminate a Lease with a periodic tenancy or for various reasons such as Landlord failed to repair the Premises within a reasonable time after a Notice to Repair was delivered on the Landlord; death of one of the Tenants; Tenant is a military personnel; or Tenant moving to seniors' home.

Notice of Intent to Vacate is used when the Tenant (under a fixed term) wants to give notice to the Landlord that the Tenant plans to vacate the Premises at the end of the notice period.

The Notice to Pay Rent is used where a Tenant has failed to pay their rent when it was due.

Notice Details

Reason for the notice:

Terminate Lease if rent is not paid? Yes No

Date that rent was due:

(eg. January 1st, 2004)

Total amount of rent due:

(eg. 500.00)

Description of what the late rent is for:

Description of damage:

Description of violence or threats:

Description of illegal activities:

Landlord's reason for notice:

(eg. $400.00 for the month of December 2003 plus late fees, additional rent and other charges in the amount of $130.00)

(eg. On January 1st, 2004, the Tenant and one of his guests broke 4 windows, destroyed one door, burned one stove and caused substantial damage to the interior walls of the Premises.)

(eg. On January 1st, 2004, the Tenant and one of his guests broke into the apartment adjacent to the Premises and threatened those tenants for complaining about the noise level that the Tenant's party was making.)

(eg. On January 1st, 2004, the Tenant was charged for having sold drugs to an undercover agent in or about the Premises.)

(ie. Joe Tenant or a guest of Joe Tenant materially damaged the Premises on the ____ day of _______, 2004 by destroying all the appliances and fixtures in the Premises.)

Tenant entitled to this notice: No image Q. How much notice is the landlord or tenant entitled to?

A. The amount of notice varies from jurisdiction to jurisdiction and depends upon your reason for giving notice. You must consult the applicable local laws to determine the minimum notice with which you are legally required to provide. You can check the required notice for your jurisdiction by clicking on the link to your jurisdiction's statutes provided in the Governing Law section of the Questions Page.

(eg. immediately, 3 days, etc.)

Date Tenant must leave:

(eg. February 2nd, 2004)

Reason for the notice:

Description of rules/Lease terms being violated:

Landlord's reason:

(eg. The Lease requires that the Tenant provide notice to the Landlord when the Tenant will be absent from the Premises for more than 7 days. The Tenant has been absent from the Premises since January 2nd, 2004. The Tenant did not provide any notice to the Landlord.)

(ie. Joe Tenant failed to properly maintain the Premises as required by legislation and the terms of the Lease as follows: _______.)

Tenant entitled to this Notice: No image Q. How much notice is the landlord or tenant entitled to?

A. The amount of notice varies from jurisdiction to jurisdiction and depends upon your reason for giving notice. You must consult the applicable local laws to determine the minimum notice with which you are legally required to provide. You can check the required notice for your jurisdiction by clicking on the link to your jurisdiction's statutes provided in the Governing Law section of the Questions Page.

(eg. 10 days, 24 hours, etc.)

Terminate Lease if violation not cured? Yes No No image Q. Can I end the lease if the violation is not fixed?

A. The procedure for ending a lease varies from jurisdiction to jurisdiction, so you must check your local laws to see if the Notice of Lease Violation can be used to end the lease if the violation is not remedied. In most jurisdictions, the landlord can only end the lease for significant breaches or violations. Some jurisdictions require other documents such as the Notice to Quit to be used to end a lease.

Date Tenant must leave:

Ensure this date will still give the full notice period after the notice is delivered.

(eg. February 2nd, 2004)

Reason for the notice:

Type of periodic tenancy:

Other type: (eg. quarterly)

Last day of Lease: (eg. February 2nd, 2004)

Landlord's Reason: (ie. The state legislation requires that the Landlord provide at least 60 days notice that the Lease will end on the ___ day of ___________, _____.)

Tenant entitled to this Notice:

Number of days of advance notice required:

Tenant entitled to this Notice:

No image Q. How much notice is the landlord or tenant entitled to?

A. The amount of notice varies from jurisdiction to jurisdiction and depends upon your reason for giving notice. You must consult the applicable local laws to determine the minimum notice with which you are legally required to provide. You can check the required notice for your jurisdiction by clicking on the link to your jurisdiction's statutes provided in the Governing Law section of the Questions Page.

(eg. 7 days, 1 month, etc.)

(eg. 7 days, 1 month, etc.)

Date Tenant must leave:

Ensure this date will still give the full notice period after the notice is delivered.

(eg. February 2nd, 2004)

Reason for the demand:

Was the Notice to Quit for non-payment of rent?

Yes No

Did Notice provide for prior termination of Lease?

Yes No

Landlord's reason:

Date prior notice was delivered to Tenant:

(eg. February 2nd, 2004)

Tenant entitled to this Notice: No image Q. How much notice is the landlord or tenant entitled to?

A. The amount of notice varies from jurisdiction to jurisdiction and depends upon your reason for giving notice. You must consult the applicable local laws to determine the minimum notice with which you are legally required to provide. You can check the required notice for your jurisdiction by clicking on the link to your jurisdiction's statutes provided in the Governing Law section of the Questions Page.

(eg. 10 days, 24 hours, etc.)

Type of Lease:

Last day of Lease: (eg. February 2nd, 2005)

Number of weeks in Lease:

Number of months in Lease:

Number of years in Lease:

(eg. 26)

(eg. 18)

(eg. 6)

Number of weeks left in Lease from effective date:

Number of months left in Lease from effective date:

Number of years left in Lease from effective date:

(eg. 13)

(eg. 9)

(eg. 3)

Lease term description: (eg. Describe length of term and frequency of payments in complete sentences.)

Payments are made:

Specify payments: (eg. quarterly)

Commencement date of Lease:

(eg. January 1st, 2004)

Current rental payment: (eg. 500.00)

New rental payment: (eg. 750.00)

Effective date of new rental amount: No image Q. How soon can the new rent take effect?

A. The minimum notice that you are required to give a tenant of an increase in rent varies from jurisdiction to jurisdiction, and on the type of periodic and fixed tenancy, so you should check the required notice for your jurisdiction by clicking on the link to your jurisdiction's statutes provided in the Governing Law section of the Questions Page.

(eg. May 1st, 2004)

Description of repairs needed: (eg. On January 10th, 2004, the furnace stopped working and there is no heat in the Premises.)

Do the deficiencies materially affect the Tenant's health or safety? (In some jurisdictions, a deficiency in the Premises that materially affects a Tenant's health or safety may give the Tenant the right to terminate the Lease for cause)

Yes No

Terminate Lease if not repaired? Yes No No image Q. Can I terminate the lease if the damages pose a threat to my health or safety?

A. Some jurisdictions will allow a tenant to end a lease if the damages to the property pose a threat to the tenant's health and/or safety. You should check the applicable laws of your jurisdiction by clicking on the link to your jurisdiction's statutes provided in the Governing Law section of the Questions Page or contact a local attorney before attempting to abandon the premises or end the lease.

Tenant's reason for notice:

Type of fixed term:

Number of weeks:

Number of months:

Number of years:

(eg. 36)

(eg. 18)

(eg. 5)

Reason for giving notice: (The Lease provided that the Tenant must give 30 days notice before the end of the Lease or the Lease is automatically renewed for another term of five years.)

Tenant provided security deposit? Yes No

Tenant's New Address:

Commencement date of Lease:

(eg. January 1st, 2004)

Last day of Lease:

Date vacating premises:

(eg. February 2nd, 2005)

Tenant's reason for notice:

Type of periodic tenancy:

Other type: (eg. quarterly)

Name of deceased Tenant:

Date of death: (eg. January 1st, 2004)

Military reason: (ie. Joe Tenant is becoming member of the Armed Forces of the United States; Joe Tenant has received permanent change of station orders from ____ to ______; Joe Tenant has been prematurely or involuntarily discharged from the Armed Forces for the United States; Joe Tenant is being released from active duty as a member of the United States Armed Forces; etc.)

Name of seniors' home:

Date moving to seniors' home:

(eg. January 1st, 2004)

Tenant's reason for terminating Lease: (ie. The Landlord failed to correct a material problem with the Premises that related to standards for health and safety; etc.)

Date Tenant is leaving: No image Q. Can I vacate the property before the term of the fixed lease has expired?

A. Yes, you can end the lease prematurely if you serve the landlord with a Notice of Termination which clearly states a valid reason for ending the lease before the term is up.

(eg. February 2nd, 2004)

Tenant provided security deposit? Yes No

Tenant's New Address:

Commencement date of Lease:

(eg. January 1st, 2004)

Lease Information

Address of the rental property:

(e.g. Unit #, Complex Name, Street, City, State and Zipcode)

Date of the Lease:

(eg. January 1st, 2004)

Landlord Information:

Number of Landlords:

First Landlord's name:

Landlord's name:

Second Landlord's Name:

Landlord's address:

(e.g. Street, City, State and Zipcode)

Landlord's phone number:

Tenant Information:

Number of Tenants:

Number of surviving Tenants:

First Tenant's name:

Tenant's name:

Second Tenant's name:

Third Tenant's name:

Fourth Tenant's name:

Tenant's phone number:

Payment Information

Do you want to specify an address where payment can be made?

Payment address:

(e.g. Unit #, Complex Name, Street, City, State and Zipcode)

Do you want to specify the method of payment?

Payment method:

Between what hours can payment be made?

(e.g. Monday to Friday 9am to 5pm)

Do you want to specify the form of payment?

Form of payment:

Specify other form of payment:

The should be made payable to:

(e.g. Joe Smith)

Signing Details

Agreement to be signed?

Today This Month Unsure

To be valid, these notices should be served by a Constable.

Include proof of service?

Yes No No image Q. What is proof of service?

A. It is evidence that can be introduced into court to verify that the tenant did in fact receive a copy of the document. Anytime a process server or court official is used to deliver a notice to the landlord or tenant, it is advisable that you request proof of service.

This notice may be served personally on the Defendant. Mailing this notice may be an option is some jurisdictions. If you wish to serve by first class mail please contact your local County Courthouse to ensure it is a valid option.

Proof of service signed in front of: No image Q. What is a notary public?

A. A Notary Public is a state-appointed official who is authorized to authenticate certain legal documents, such as declarations, deeds, mortgages, and other contracts.

Where will the proof of service be executed?

Would this help?