Does anybody know how to write an eviction letter?

Question

I'm from the state of Alabama and I have given some tenants a termination notice which has come and gone. They refuse to leave, stating that they need about a month more. We had a month-to-month tenancy and I gave adequate notice (52 days) and they still claim that they need more time. I said no to their request and they are refusing to leave. Apparently, they know something about eviction law because they gave me the opportunity to throw their stuff out and I wouldn't and they left the door to the house open so that I could take possession of it and I wouldn't do that either. I think they are trying to set me up to break the law so that they can claim money and more time. I know that I need a valid reason for eviction and I believe that refusing to leave the premises and trespassing on private property should suffice. This is a private house and not an apartment. I terminated the lease because they weren't taking care of it the house or the outside lawn areas.

Answer 1

It truly amazes me how some people actually think they know Landlord/Tenant law.

An eviction letter simply states the date certain the tenants are to vacate the premises and the condition it is suppose to be left in. You date the letter and have a receipt of service that is well in advance of their final date of occupancy.

However, there are several other routes for you to travel.

If it is a month-to-month tenancy, that is what it means, MONTH-TO-MONTH, not 90 days.

A couple of states require you to give a longer notice if you use a long-term lease.

In any case, you would still have to serve them papers indicating the date certain they would have to vacate the premises. If they refuse, you would have to seek a forcible detainer to actually evict them. I have done this several times and it has stood up in court.

This can get messy. You have to serve them, have the time expire, get a lawyer to draw up the legal work, file in court, then the first thing that occurs is an Answer. This is where the tenants answers the complaint you've filed against them.

If they deny your charges, and raise their own, it would be held over for trial. It could take several months to get them out, depending on the court's docket and your state.

An alternate route is to just evict them. You serve them papers via the sheriff or through a document service agency. If they failed to comply, once again you seek a forcible detainer, but you seeking possession of the property.

Usually the courts don't look at why you want the tenants out, only that you do, and are within your rights to demand possession of the property.

In the first instance, you are claiming a violation of your agreements for the eviction. In the second, you have evicted them, and are seeking possession.

In some states, this is a difference without a distinction.

There are other ways to get them out.

Paying them is one way. Consider all the court costs you would incur and paying them, while repulsive, it can be a cheaper alternative. Don't dwell on it, just think of all the headaches you are eliminating by getting them out.

If you litigate you may win, and never recover your damages. This has happened to me several times.

Simply talk with the tenants, and tell them if they leave by the end of the weekend, don't damage the property and leave it in broom swept condition, you will return their deposit. (If you didn't collect a deposit, shame on you.) You would be surprised how well this works.

Of course, if they damage the property, then all bets are off.

Circumstances may indicate a different course of action. If say you give them 60 days notice, but they don't pay the rent when due, you could serve them a 3 Day Pay Rent or Quit notice, along with an inspection notice. If they are not there, or not answering the door, staple it to the door. They can't claim they missed it.

Bring a camera to document their violations of the rental agreement, and present or future damages.

This gives additional leverage to your evicting them, and combined with returning their deposit, as discussed earlier, can get them out with the least headaches.

I have had tenants leave after the 3-day notice and the inspection notice gave me permission to enter the premises. If they have taken the majority of their personal items, then they have vacated the premises and you can take possession of it, and change the locks. THIS WOULD NOT BE A CONSTRUCTIVE EVICTION.

Good Luck.

Answer 2

You need to check the state and local laws. There will be regulations for what is the correct form of notice. It will vary based on the type of tenancy.

Use the wrong form or state the wrong information (something is missing in the notice or you said the wrong thing) and the notice will be considered void when you go to court.

There are normally a local real estate investor group, apartment owners association or similar for each state or major city. They will have sources for valid forms and notices that you can use in your state.

If you can not find the information for your state go to my blog and post a question. I know some folks in AL so should be able to track down a website with the information.

Answer 3

The best thing for you to do is get the advise of a real estate lawyer. Possible you might know a Realtor who could help. I am sure you could go to the city offices and get some help and some explanation about the law. One other thing you might try is one of the software programs (Lawyer 2007) but I am not sure how much good they will be for a specific problem. you can also try some of the following:
www.lawdepot.com/contracts/noticelease/
www.justanswer.com
www.hud.gov/local/al/renting/tenantrights.cfm
www.uslandlord.com/laws/al.html

Answer 4

YOOOOO-HOOOOO!!!!

Eviction is a LEGAL process requiring a very precise series of LEGAL forms/paperwork etc. You are flying by the seat of your pants and I am telling you that none of your previous actions will stick in court because you are not following the procedure.

Get a frickin' lawyer because YOU DON'T KNOW WHAT YOU ARE DOING. Educate yourself as a landlord. You cannot draft your own eviction letter. These tenants know you don't know what you are doing and they will be there forever if you don't get your act together.

Answer 5

forget about a letter, if they refuse to leave you will have to file for eviction at your local court house

I think the tenant is trying to bate you into a self-help eviction to which you would be exposed to legal liability, so do not change the locks, do not throw their stuff to the curb, you must go threw the court system to evict them

Answer 6

Unfortunately, because of liberal politicians, you have to give 90 days before you can evict. When you reach 90 days and the tenant still refuses to leave then you can go to the sheriffs department and file trespassing charges against them. The Sheriffs deputies will do your dirty work for you. Do not try to do it yourself because they may try to either fight you or charge you with harassment. Good luck.

Answer 7

Hope this helps!