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Litigation & Court Documents

How to Write an Eviction Notice

An eviction notice that's improperly drafted or served can delay the whole process by weeks — the formalities matter as much as the substance.

5 min read

An eviction notice is the required first step before a landlord can file for eviction in court. Get the type, timing, or delivery wrong, and the entire case can be dismissed before it starts — forcing the landlord to begin over.

Match the notice type to the reason

Nonpayment of rent, lease violations, and no-cause terminations (where allowed) each typically require a different type of notice with different required language and cure periods — using the wrong one is a common, avoidable mistake.

State the specific facts

A notice citing nonpayment should state the exact amount owed and the period it covers. A notice citing a lease violation should describe the specific violation — vague or generic language invites a successful challenge.

Cure periods have to be calculated correctly

Most jurisdictions require giving the tenant a specific number of days to cure the issue or vacate, calculated in a specific way (calendar days vs. business days, and when the count starts). Miscounting this is one of the most common reasons an eviction gets thrown out.

Proper service is not optional

Notices typically have to be delivered in a specific way — personal delivery, posting, or mail, depending on the jurisdiction and situation. A notice with the right content but improper service still fails.

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