Handling problem tenants is one of the toughest parts of being a landlord. But once you know how to write an eviction notice, the process becomes far less intimidating. In this guide, you’ll find practical steps and ready-to-use templates that help you move forward with confidence.
What Is an Eviction Notice and Why Do You Need One?
An eviction notice is your first legal move in taking back control of your property. When a tenant crosses the line, this document becomes your official way of saying: “Here’s the problem, here’s the timeline, and here’s what happens next.”
Overall, the eviction notice makes your intentions clear, outlines your legal basis, and starts a paper trail that can stand up in court.
When Can You Legally Evict a Tenant?
Landlords can’t evict tenants just because the relationship feels strained or communication breaks down. Legal eviction only applies in specific scenarios (consistent nonpayment of rent, lease violations, illegal activity on the premises, or expiration of a lease without renewal).
In some cases, like a month-to-month rental or no lease at all, eviction is still possible, but it requires extra attention to local laws and notice periods. Timing, documentation, and legal grounds all have to line up before you take that next step.
Eviction Notice vs Lease Termination Letter: Know the Difference
They may sound interchangeable. However, an eviction notice and a lease termination letter serve two very different purposes.
- An eviction letter from a landlord is a formal legal warning: "You’ve broken the lease, and here’s your deadline to fix it or leave."
- A lease termination letter, on the other hand, is used to end a lease that’s still in good standing, no violations, no legal trouble, just a clear notice that it’s time to move on.
How to Write an Eviction Notice That Holds Up in Court: 3 Steps Guide
Not all eviction notices are created equal. A well-written notice will show the court you followed the rules, respected the tenant’s rights, and handled things by the book.
1. Include the Required Details
No detail is too small. The tenant’s full name, the property address, the reason for eviction, and the exact deadline to fix the issue or move out, each one needs to be spelled out. Toss in the date and your signature, and you’ve got the legal basics covered.
2. Use Clear and Legal Language
Use direct, professional wording that communicates exactly what’s expected. Avoid accusations or anything that could be interpreted as harassment. Phrases like “you are required to vacate the premises within X days” or “you have violated Section Y of the lease agreement” make your intent crystal clear and help you stay compliant with local landlord-tenant laws.
3. Choose a Valid Delivery Method
Handing a notice to a tenant or taping it to the door might seem simple enough, but not all delivery methods are legally valid. Depending on your state, you may be required to deliver the notice in person, send it via certified mail, or post it in a specific location.
How to Write an Eviction Notice Without a Lease
Verbal agreements, handshake deals, or “just staying for a while” arrangements (eviction without lease) still require proper notice before you can legally reclaim the space. The key is treating the situation like a month-to-month tenancy:
- Give the legally required notice period (typically 30 days).
- Prepare documents
- Write a clear, respectful notice that outlines the reason for eviction, the date to vacate, and how the notice was delivered
Courts don’t need a lease to recognize your rights. They just need a clear timeline and proof that you played by the rules.
How to Evict a Family Member Without a Lease
Few situations get messier than evicting a family. Emotions run high, history gets involved, and things can go sideways fast.
In the eyes of the law, family members who live in your home long-term without paying rent or signing a lease may still be considered tenants. They’re protected under most state landlord-tenant laws, even without a formal agreement. Instead of escalating tension or relying on emotional ultimatums, take the legally sound route: serve them with a proper eviction letter or family member notice.
Start by checking your local laws for notice period requirements (most states require 30 days, though some ask for more. The notice should clearly state that the individual must vacate the premises by a specific date, including your name and theirs, the property address, and a brief explanation of the reason for the eviction (e.g. end of permission to stay, misuse of the space, etc.).
Deliver the notice in a legally valid way (by hand, certified mail, or other method your state recognizes) and keep a copy for your records.
3 Sample Eviction Notice Templates
We’ve created ready-to-use templates that cover the most common scenarios.
Sample 1: Standard Eviction Notice
This standard eviction notice template covers a typical lease violation or non-compliance situation with a fixed-term lease.
[Template: Standard Eviction Notice] Colorado Eviction Notice Sample
Sample 2: Eviction Notice Without Lease (Squatter Situation - Forcible Entry)
Designed for tenants occupying your property without a written agreement, this template serves landlords with squatters or other unauthorized occupancy..
[Template: Eviction Notice Without Lease in Colorado]
NOTICE TO VACATE
To: [Squatter's Name(s)]
From: [Your Name/Property Owner]
Date: [Today’s Date]
Property Address: [Property Address]
Subject: Notice to Vacate - Unauthorized Occupancy
This notice is to inform you that your presence on the above-mentioned property constitutes unlawful occupancy and is in violation of the law. You have been residing on the property without any legal right or permission to do so.
Grounds for Eviction:
- You are not a tenant, nor do you have a lease or other legal right to occupy the property.
- Your presence constitutes trespass.
Required Action:
You are hereby ordered to vacate the property at the above address by [Date - 7 days from the notice date].
Consequences of Failure to Comply:
If you fail to vacate the property by the specified date, we will be forced to initiate legal proceedings, including filing a claim for possession in the appropriate court and potentially seeking assistance from local law enforcement to have you removed from the property.
Legal Disclaimer:
You may wish to consult with an attorney regarding your legal rights and obligations.
Contact Information:
[Your Phone Number]
[Your Email Address]
Signed:
[Your Name]
[Your Title/Relationship to Property]
Sample 3: Formal Letter of Eviction for Non-Payment
When rent goes unpaid and communication breaks down, this is the template to use.
[Template: Formal Letter of Eviction for Non-Payment in Colorado]
10-DAY DEMAND FOR PAYMENT OR POSSESSION
(Eviction Notice for Nonpayment of Rent)
Date: [Insert Date]
To: [Tenant’s Full Name(s)]
Address: [Rental Property Address]
City, State, Zip: [City, CO Zip]
Dear [Tenant’s Name(s)],
This letter serves as formal notice that you are in violation of your rental agreement due to nonpayment of rent. As of today, the amount past due is:
Total Rent Due: $[Amount Due]
Rental Period(s) Covered: [e.g., April 1, 2025 – April 30, 2025]
Due Date: [Original Due Date]
You are hereby demanded to pay the full amount of rent due within 10 days of receiving this notice, or vacate the premises.
If you fail to either:
- Pay the total amount due within 10 calendar days from the date you receive this notice, or
- Vacate and surrender possession of the premises,
legal proceedings may be initiated against you to recover possession of the property, unpaid rent, damages, court costs, and attorney’s fees, as allowed by Colorado law.
Payment Instructions:
[Include how and where the tenant can pay — e.g., mailing address, payment portal, or physical office.]
If you have already paid the total amount due or believe this notice has been sent in error, please contact me immediately at [Landlord’s Phone Number] or [Email Address].
Sincerely,
[Landlord’s Full Name]
[Landlord’s Address]
[City, State, Zip]
[Phone Number]
[Email Address]
5 Common Mistakes That Could Invalidate Your Eviction Notice
Even the most well-intentioned eviction notice can fall apart in court when small errors creep in. These five mistakes show up far too often and can send landlords straight back to square one:
- Missing required information: A notice that doesn’t include key details like the tenant’s name, the full property address, the reason for eviction, or the exact move-out date is as good as useless.
- Using vague or emotional language: Phrases like “you’re being a terrible tenant” or “I just want you out” have no place in a legal document. Reference the specific lease violation, amount owed, or time lived without agreement.
- Giving the wrong notice period: Some states require 3, 7, 10, or 60 days, depending on the reason for eviction and local laws. A notice with the wrong timeline won’t hold up in court and gives the tenant a chance to stay longer.
- Delivering the notice the wrong way: Think certified mail, personal handoff, or a process server. Use the method your state accepts and get proof.
- Not keeping copies or documentation: Courts don’t take your word; they take your paperwork.
How to Serve the Eviction Notice Legally?
Writing the notice is just step one. Getting it into the tenant’s hands the right way is where most mistakes happen. Each state has its own rules for legal delivery, and courts won’t hesitate to toss your case if those rules are ignored.
Most commonly accepted delivery methods for notices include personal delivery, where you hand the notice directly to the tenant, making it the cleanest and most straightforward option. Another method is posting and mailing, which involves taping the notice to the front door and sending a copy via certified mail. Lastly, using certified mail with a return receipt provides a signed paper trail confirming that the tenant received the notice, adding an extra layer of documentation.
Always document how and when the notice was served!
What Happens After You Serve the Notice?
Once the eviction notice is served, the clock starts ticking. The tenant now has a set number of days to either fix the issue (like paying overdue rent), move out voluntarily, or ignore the notice altogether.
- Tenant complies: They pay up, fix the violation, or move out by the deadline. No further legal action needed.
- Tenant responds or negotiates: Some tenants reach out with payment plans or apologies.
- Tenant ignores the notice: Once the deadline passes, you can file a formal eviction lawsuit (also known as an unlawful detainer) in your local court.
From this point on, everything depends on how solid your notice was. Get that right, and you set yourself up for a clean legal win.
Final Thoughts
Overall, eviction is never easy. By learning how to write an eviction notice the right way, you’re setting the tone for the rest of the process! If you’re seeking more templates and expert advice, check out LeaseRunner’s blog, which is updated weekly!
FAQs
Q1. What does an eviction notice look like?
An eviction notice is a formal document that outlines the reasons for the eviction, the actions the tenant must take (either cure the violation or vacate the property), and the timeframe for doing so. It includes:
- The tenant's full name.
- The address of the rental property.
- A clear explanation of why the eviction is happening (e.g., non-payment of rent, violation of lease terms, etc.).
- A specified move-out date or deadline for resolving the issue.
- The date the notice was served.
- The signature of the landlord or property manager.
Q2. How to write an eviction notice without a lease?
Even without a formal lease, tenants still have legal rights, and the eviction process must be handled correctly.
- Start by listing your name as the landlord and the tenant’s full name.
- Explain why you’re asking the tenant to leave (e.g., failure to pay rent, staying beyond an agreed-upon period, etc.).
- Give the tenant a specific date to vacate the property, in accordance with your local laws (typically 30 days, but it can vary).
- If required by your state, reference the legal basis for the eviction, such as the “no-lease” or “month-to-month tenancy” regulations.
As the landlord, your signature is necessary to validate the notice.
