A 3-day eviction notice is served by a landlord to a tenant, in case the landlord wants the tenant to either take corrective action immediately or to vacate the property.
Although, most lease agreements between a landlord and a tenant mention that the landlord can serve a one-month notice if he wants the tenant to move out of his property, there are certain cases in which a landlord can serve a 3-day eviction notice to the tenant. These are:
- If the tenant has not paid the rent to the landlord as discussed in the agreement, the landlord can send a 3-day notice to “pay or quit” to the tenant. The tenant has to clear all the dues within three days or he has to evict the property.
- If the landlord finds out that the tenant is violating the lease agreement in any way, he can issue an eviction notice to the tenant.
- If the tenant is creating trouble in the neighborhood or is causing serious damage to the property, he can be served an eviction notice.
The eviction notice can be given to the tenant by giving it to him personally or by sending the notice by mail. If the tenant doesn’t act upon the notice within three days after it was served, then the landlord can file a lawsuit against the tenant.
- What should be included in the 3-day eviction notice?
The 3-day eviction notice should mention the exact amount of rent that the tenant owes to the landlord. It may or may not include the late charges depending on the certain conditions. It should clearly mention that the tenant has the option to “QUIT” if he can’t afford to pay the rent. Apart from this, it should have the address and contact number of the landlord.
- If the tenant neither pays up nor moves after 3 days, is the landlord authorized to evict him forcefully?
If the tenant refuses to pay up and doesn’t evict the property, then the landlord can’t straightaway go ahead and forcefully evict the tenant. The landlord will have to abide by the laws of the state and must file a lawsuit against the tenant.
- What is the difference between performing ‘covenant or quit’?
If the landlord feels that some acts of tenant can be corrected, then he can allow the tenant a time period of 3 days. Examples of this can be bringing pets into the premises, not keeping the premises clean etc. On the other hand, if he feels that the tenant has committed some acts which can’t be corrected, or which violate the terms and conditions of the lease agreement, then the landlord will probably serve a notice which tells you to quit the property within 3 days. This notice doesn’t have any scope for correcting the issue as it is used when the landlord wants the tenant to simply move out of his property.
- What is the court procedure for eviction?
If the landlord takes the matter to the court to evict the tenant, then the tenant will get a “Summons” and “Complaint.” This is a legal notice which gives a tenant 5 business days to respond to the claim of the landlord. If the tenant feels that the notice is not justified, then he needs to respond to the notice failing which the court can make a “default judgment” which automatically gives the property to the landlord.
- What happens if the landlord wins the case?
If the tenant loses the case, then the landlord will get a “Writ of Possession” which authorizes the Sheriff to send a “Notice to Vacate” to the tenant. It gives the tenant a maximum of 5 days to get his belongings out of the premises.
3-Day Eviction Notice : A Sample
|This notice is hereby given to Mr._____________ and all others in possession of the premises located at ___________ to bring to your attention that you have failed to pay the rent to Mr._________ from the past three months, which currently stands at $_________. You are either required to pay the due amount or vacate the premises within three (3) days after the service of this notice.
If you fail to pay the rent in full in the next three business days, you are hereby informed to evict the said premises, failing which you can be sued for eviction and you will be forcefully moved out. You will also need to pay the remaining dues along with the court fees.
Dated this ________ day of ____________, ____________.
Signature of the owner/landlord
Kindly note that this sample deals with the condition in which the landlord allows the tenant to correct the issue by paying the rent in full, however if the landlord feels that the premises is being used to carry out illegal activities, a different notice has to be served which clearly tells the tenant to move out within 3 days.