Eviction Process Guide
About the Notice to Vacate
What Information Must Be Included in the Notice to Vacate
The Notice to Vacate is addressed to the tenant. The Notice to Vacate includes:
the date of delivery or posting,
the address of property to be vacated, and
the number of days the tenant has to vacate the property. (The number of days the tenant has to vacate the property depends on whether there is a written lease in effect or whether there is a month-to-month tenancy.)
When there exists a written lease, or the eviction is due to the expiration of the lease term, the Notice to Vacate must state the reason or cause for the eviction.
If the lease has a definite term, a Notice to Vacate cannot be given more than thirty (30) days before the end of the term.
Written Lease: Five (5) Days to Vacate
Unless the written lease contains a specific waiver of the Notice to Vacate requirement, the landlord must prepare and deliver to the tenant a Notice to Vacate the property. When a written lease is in effect or the eviction is for expiration of the lease term, the Notice to Vacate states that the tenant must vacate the premises within five (5) working days from the date of delivery or receipt of the Notice of Vacate. Do not count holidays or weekends when counting the five (5) days.
Month-to-Month Tenancy: Ten (10) Days to Vacate
When a month-to-month tenancy exists, the Notice to Vacate requirement cannot be waived. The Notice to Vacate must be delivered to the month-to-month tenant no later than ten (10) days before the last day of the current rental month. The Notice to Vacate states that the tenant must vacate the premises no later than the last day of the current rental month.
When there exists a written lease, or the eviction is due to the expiration of the lease term, the Notice to Vacate must state the reason or cause for the eviction. Examples include:
expiration of lease term,
nonpayment of rent, or
specific facts of the tenant's violation of the lease agreement.
Methods to Deliver the Notice to Vacate
The Notice to Vacate can be delivered by one of several methods described below. A copy of the Notice to Vacate should be retained by the landlord, regardless of the method of delivery.
In some places, the constable may deliver the Notice to Vacate.
The landlord may also deliver the Notice to Vacate. When a landlord delivers a Notice to Vacate, the landlord can bring another person to be present to witness the delivery of the notice to the tenant personally. Both the landlord and witness sign the Notice to Vacate.
If the tenant is absent or cannot be located, a notice on the door is sufficient. Even if the tenant is not personally present at the premises, the Notice to Vacate can be posted to the front entrance door of the property. The landlord may have a person present to witness the Notice to Vacate being posted.
Certified U.S. Mail, Return Receipt Requested
The Notice to Vacate can be sent by Certified U.S. Mail, with a Return Receipt Requested. The return receipt should be retained because it will show the date of delivery.