Q:

What is an eviction notice?

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Quick Answer

An eviction notice is a legal document sent to a tenant from a landlord that demands the tenant leave the premises. The eviction notice generally follows an earlier notice of termination of the lease by the landlord. The requirements to send an eviction notice vary by state, but once sent can be enforced by the court if the landlord follows the local laws in its issuance.

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Full Answer

An eviction notice is the final communicative step between the landlord and tenant regarding vacating a leased structure. When a tenant fails to leave or fails to fix an issue detailed in a notice of termination, the eviction notice is sent to warn of legal action if the premises are not left. An eviction gives the tenant a set time to vacate once issued and must be pursued in court before it can be enforced by local law enforcement.

A notice for termination is used to terminate an existing lease between a landlord and tenant. Termination can be based on a failure to pay rent or violation of a clause in the lease agreement. At the notice for termination phase, the tenant is usually given the opportunity to fix the problem by a certain date to remain on the premises. A notice of termination can be given without the ability to correct an issue, but this usually results from multiple violations of the lease agreement.

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