As the designation implies, the ‘60-day Eviction Notice’ is an official communication that is issued by a landlord or property to a tenant to vacate the premise within 60 days. The letter is drafted when the landlord has no other option but to send the tenant away owing to breach of rental contract or failure to remit the rental income in time.
Types of Lease Agreement that a ‘60-day Eviction Notice’ Terminates
There are four main kinds of lease agreements that this notice may terminate. Among these are:
- Operating lease: It is an arrangement whereby a tenant occupies a given piece of property for a fixed duration of time. At that time, he pays the landlord some rental income which is in exchange for the use of the property. During that time of occupancy, the tenant is responsible for the maintenance of the facility.
- Capital lease: This form of a lease agreement is different from the other kinds of rental agreements. In this sense, it is the capital rather than the rental facility that is under a lease. Here, the tenant takes over the use and control of a piece of an asset for a specified duration of time.
- Sale and leaseback arrangement: Just like the capital lease above, this sale and leaseback agreement is a form of capital lease too. Under this arrangement, a buyer purchases land or capital from a property owner. He then immediately leases the same to the previous owner from whom he bought it.
- Combination lease: As its name suggests, this is a combination of an operating and capital lease. It hence entitles the tenant to all the benefits and privileges that may accrue to a person who chooses the capital or the operating lease. It is used in instances where the property concerned is multi-faceted in nature.
Create 60-day Eviction Notice
How to Write an Eviction Notice
The eviction process can be an intimidating task, especially for landlords who aren’t used to handling legal paperwork on a regular. To make the eviction process more efficient and less cumbersome, landlords should make use of an eviction notice.
Below is a step-by-step comprehensive guide on how to craft one:
Step 1: Begin with the basics
When writing the eviction notice, start with the very basics, i.e., provide information on the property that the tenant is being evicted from. Include:
- The date of writing: It is important to include the date of writing to help calculate the number of days left before the notice period lapses, especially if the notice is issued in the middle of the month
- Location: Provide the exact location of the property
- Tenant name: include the tenant’s name in the eviction notice. Ensure that the name match the ones included in the lease agreement
- Landlord name: Make sure to include your name if you are the landlord. Consequently, make sure to provide the property management company’s name if the property is being managed by an agent.
- Lease detail: provide details about the lease agreement, i.e., when the lease was signed, when it was set to expire/renewed, and the name of the parties that signed the lease, etc.
Providing this basic information on the lease agreement is important as it helps establish a base for the notice being issued. By setting the record clear on whom the notice is for and for what property, the tenant cannot argue that they did not see or know whom it was meant for.
Step 2: Provide the exact notice
When providing an eviction notice, it is important to set the dates clear and provide an exact timeframe for when the tenant must vacate the premises. Depending on the reason for eviction, it is also important to provide the tenant with enough time to look for another premise to vacate.
It is important to also inform the tenant of any important information that they should know about when moving out of the premises, such as how and where to deliver the keys and the condition the property is expected to be in.
Make sure to reference this if it was included in the original lease agreement. If it was not included, ensure that you make it clear and mention any deductions that will be made to their security deposit if the premise is not in an apt condition.
Step 3: Breakdown rent due
When drafting the 60-day eviction notice form, make sure to highlight the amount of rent the tenant will be required to pay before vacating the premises. Also, make sure to calculate the cumulative rent for the remaining period and make it clear to them. Providing this information on time makes it easy for the tenant to make such payments and forms a base for litigation should they fail to pay as requested.
Step 4: Disclose security deposit
It is a common scenario for property owners and tenants to quarrel over security deposits. To ensure that you avoid such quarrels, make sure to mention the amount the tenant paid as a security deposit on the property. If any deductions will be made to the security deposit, make sure to mention them in the eviction notice. It is important to be as comprehensive as possible about the deductions. Also, make sure to reference such deductions if they were mentioned in the original lease agreement.
Step 5: Close the letter
After providing all the key information required for the eviction notice, close the letter with information about when and how the tenant can contact you for any queries that they may have regarding the eviction notice; also mention when you will pay them a visit to inspect the premises. Inform the tenant that it is important that they are available for the final inspection to help determine any deductions, if any, that will be made on their security deposit.
Write your name, sign, and date, and deliver the letter via certified mail to get a receipt showing that the letter was indeed delivered to them. Although there are other options that you can use to deliver the mail, using certified mail is the best option as you will be able to prove that they received the notice.
How to Fill in an Eviction Notice Form
State laws usually vary regarding the eviction process, the length of time an eviction takes, and the amount of time a landlord has before filing an eviction lawsuit. A sixty-day notice is the first step in the eviction process. Below is a 60-day eviction notice template that you can use to draft an effective eviction notice. Make sure to follow the guide to ensure that you don’t miss any important information.
Step 1: Download the form
Start by downloading the form. To do this, follow the link below:
In case you plan to deliver the form by mail, you will go ahead to print it out. This way, it will now be possible for you to fill it by hand. If however, you plan to send it to the recipient via electronic means, you need not print a hard copy.
Step 2: Fill in the blank spaces
After obtaining the form, go ahead to fill in the blank spaces. You are advised to use capital letters for the sake of greater legibility. Be sure to read through the lines and instructions to be able to do a good job on the whole. If in doubt, it is always necessary to seek further assistance.
Step 3: Append your signature
After you have filled the blank spaces, you now have to append your signature. You will find a segment of the form dubbed ‘Landlord/Agent Signature.’ Signing the form makes it attain that official character which is necessary for it to be honored and accepted widely.
Step 4: Pass it on to a delivery agent
If you will not serve the tenant on your own, you will have to pass the duly filled form to a delivery agent. This is basically an intermediary who actually carries the form and delivers it to a targeted recipient. Upon relaying the form to the tenant, the agent has to fill the back of the form.
Step 5: Let him append the signature
After filling the form, the delivery agent has to similarly append his signature. This is to vouch for the fact that he indeed passed it on to the tenant in question. It is always necessary that all the parties to the dispute be furnished with their own copies of the form for future reference and dispute resolution.
A 60-day eviction notice form is a legal document that must be used for the eviction process to begin. It is important for landlords to use legally binding eviction notice forms to begin the eviction process. This is because, without a legally binding document, the eviction process cannot be started, and the landlord may be unable to reclaim their property. The 60-day eviction notice form is mostly an outline for the landlord to follow and is very helpful to the landlord, especially if they are not familiar with the eviction process.