Eviction refers to the civil process through which a landlord may legally remove a tenant from their rental property. The eviction process generally begins with a notice from the property owner (the landlord) that asks the tenant to remedy certain conditions. This includes the seven-day eviction notice, using a seven-day eviction notice form.
The seven-day eviction notice form is a document that allows a landlord or his representative to notify a tenant of the violation of a lease agreement.
The form compels the tenant to fix the specified conditions within the seven (7) days period, failure to which the landlord may file eviction proceedings through a court, commonly referred to as a Forcible Entry and Detainer, often abbreviated as FED.
When is it Needed?
In most cases, the seven-day eviction notice is needed when a property owner realizes that a tenant has violated the terms of their rental agreement. Eviction may occur when the said tenant fails to meet their tenancy obligations, including non-payment of rent, damages, breaching the terms of the lease/rental agreement, illegal activity on the rental property, if the landlord wishes to repossess their rental property, or due to other reasons permitted by the relevant state laws.
States Where Seven-Day Eviction Notice is Used
Eviction laws usually vary significantly by state and municipality. Therefore, landlords need to understand the laws that govern the use and issuance of the seven-day eviction notice form in their relevant state to ensure they abide by the rules and avoid unnecessary lawsuits.
Below is a list of different states where the seven-day eviction notice can be used:
Alabama
The Alabama eviction notice is a form written by a landlord to a tenant that details the terms for the tenant to vacate the premises, also known as an unlawful detainer. The details for the action should be stated in the seven-day eviction notice form. For instance, if the reason for eviction is due to late payment of rent, the total arrears and subsequent penalties must be specified in the form along with the timeframe (7days) for remedying the condition, failure to which the landlord can file an eviction lawsuit in the relevant judicial court.
Alabama Eviction Laws
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Alaska
The seven-day eviction notice in Alaska is used to notify the tenants of non-payment of rent and have a seven-day grace period to make the whole payment or quit tenancy in the given property. However, suppose the tenant tries to fulfill their obligation after seven days. In that case, the landlord has the choice to accept the money and allow the tenant to continue living in the property or terminate the rental agreement and begin eviction through a court.
- Alaska eviction law: AS 34.03.220(b)
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Delaware
The Delaware seven-day eviction notice is usually served to tenants due to non-compliance with one or more provisions of the lease agreement. The notice notifies the tenant of the breach and asks them to fix it within seven days or quit. This notice does not apply to non-payment of rent. If the landlord can help fix the tenant’s violation, they may do so and charge the tenant for the costs of the fix upon receipt.
- Delaware laws: Title 25 § 5513
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Florida
Florida eviction laws allow landlords to issue tenants two types of seven-day eviction notice depending on the reason for termination. This includes the seven-day notice to cure and the seven-day unconditional quit notice. The seven-day to cure notice is issued to a tenant who violates the lease agreement, but the violation can be corrected. The notice informs the tenant of seven days to comply with the lease, failure to which they might be evicted from the property. Note that the non-compliance must not be related to non-payment of rent.
The seven-day unconditional quit notice allows landlords to terminate the tenancy at the end of seven days and proceed with the eviction without allowing the tenant time to cure a violation. This notice is only applicable if the tenant intentionally destroys their premises or that of the other tenants, creates unreasonable disturbances or repeats similar lease violations within 12 months.
See Florida eviction laws below:
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Iowa
An Iowa 7-day notice is an eviction reserved for actions caused by a tenant that constitutes a violation of their lease agreement, also known as material compliance, notifying them of seven days to remedy the violation or vacate the premises. The landlord may terminate the lease contract if the tenant does not cure the violation within seven days. If the tenant commits a similar material non-compliance within 6months of receiving the first notice, the landlord may terminate their tenancy with a seven-day unconditional notice to quit.
- Laws: 562A.27(1)
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Maine
The Maine seven-day eviction notice to comply or quit is an eviction letter served to tenants who fail to make their rent payment within seven days after the stipulated due date. Upon seven days, a landlord can serve a seven-day notice to comply or vacate the premises, allowing the tenant another seven days (14 in total) to pay the rent owed along with any filing fees and service of process fees or be evicted from the property. If the tenant settles the rent before the 7th day after receiving the notice, the eviction notice automatically becomes void.
This notice can also be issued to tenants who violate significant terms in their lease agreement, including causing substantial damage to the rental property, changing locks without the landlord’s consent, disturbing other tenants, engaging in criminal activity, etc. The landlord should ensure that the written notice contains a valid reason for eviction, a declaration that the tenant has a right to contest the eviction in a court of law, and may reinstate the lease if they comply before the notice expiry date. Suppose by chance the tenant fails to remedy the conditions or vacate the premises after seven days. In that case, the landlord may proceed to file for a FED in the relevant county district court.
Important note: The state of Maine protects the tenants more than other states. Maine eviction laws dictate that a landlord must try to personally deliver the quit notice to a tenant three times before trying other options such as the certified mail or attaching it to the entrance door of the tenant’s rental unit.
Maine Eviction Laws:
- Title 14 § 6002
- Grace period: 14 § 6028-15 days
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Michigan
Property owners in Michigan may evict a tenant for violating a term of the lease agreement, including late payment of rent, keeping a pet if the lease prohibits pets, allowing more than one tenant to live in the rental unit (if the lease allows only one tenant), causing substantive damage to the rental property, creating a severe health hazard on the property, etc. The landlord may begin eviction by serving the tenant a seven-day notice to quit form or demand for possession form. In most cases, the lease violations can be cured by the tenant.
Michigan eviction laws:
- Grace period for rent payment: No statute
- 554.134(2) (7 days)- non-payment of rent
- 554.134(1) (30 days)- due to non-compliance
- 554.134(4) (24 hours)- related to criminal activity
- 554.134(1) (usually seven days)- causing extensive damage to the rental property
- 554.134(1) (30 days)- termination of the month-to-rental agreement
- Chapter 57 (Proceedings to Recover Possession of Premises): filing an eviction
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Nebraska
The Nebraska seven-day notice to quit for non-payment of rent is a letter to a tenant who has failed to make their rent payment on time as indicated in the lease agreement. A grace period may be allowed depending on the terms set in the rental agreement. The notice notifies the tenant that they have seven days to pay the rent owed in full or quit. The eviction laws in Nebraska do not provide tenants with a grace period to pay rent. Thus, the landlord may serve this notice immediately upon the due date. Given that the tenant fails to provide the full payment or vacate the rental apartment within the specified time frame, the property owner can terminate the lease agreement and file an eviction lawsuit.
- Laws: 76-1431(2)
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New Hampshire
A landlord in New Hampshire who wants to evict a tenant for failing to pay rent can issue the tenant a seven-day notice to pay the arrears or vacate the premises, along with a written demand for rent form. This notice informs the tenant to either pay the rent or move out within the seven days, failure to which they may be evicted through judicial proceedings.
The seven-day notice to comply or quit can also be issued to tenants for non-compliance or lease violations. In this case, the tenant is given 30 days from when the notice is served to remedy the condition or quit. If they are not able to do so within 30 days, the landlord can file a FED against them.
- Eviction laws: 540:3
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New Mexico
New Mexico 7-day eviction notice form is also referred to as Form 4-902. This form specifies a violation of the rental agreement and describes the nature of the alleged breach committed by the said tenant. The notice may be served to tenants for material non-compliance in the form of causing severe health hazards to other tenants or the community in general or engaging in any activity that violates the lease agreement or any separate landlord-tenant agreement. Failing to comply with the specified conditions within the seven days stated in the notice may result in termination of the rental agreement and eviction through a court order.
- Laws: 47-8-33(b)
Download: Microsoft Word (.docx)
North Carolina
The North Carolina seven-day eviction notice form is usually issued when the landlord wants to terminate a month-to-month lease agreement. Either party can write the notice, that is the landlord or the tenant. North Carolina state laws dictate that the tenant receives seven days’ notice before a monthly tenancy is terminated. The landlord is not legally required to provide a reason for terminating the lease, but the termination should never be discriminatory or demonstrate retaliation towards the tenant.
Suppose the tenant fails to vacate the premises by the end of the seven days (on the 7th day). Then, the landlord may file a ‘Complaint in Summary Ejectment’ with the relevant district court to sue the tenant for possession of the property.
- Eviction laws: 42-14
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Kentucky
The landlord serves the seven-day notice to pay or quit form in Kentucky to a tenant who has failed to make their rent payment on the agreed due date. The form informs the tenant that they have seven days to either pay the amount owed or vacate the premises within the stated 7- day period. The tenant’s failure to comply with the notice’s requirements gives the property owner a right to file for FED in a court of law.
Note: This notice is used only for evictions in districts ruled by the URLTA (Uniform Residential Landlord and Tenant Act). Property owners with rental units located outside the approved URLTA counties must adhere to the rental agreement requirements when evicting a tenant for non-payment of rent.
- Kentucky seven-day eviction laws: 383.660(2)
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Three-Day Vs. Seven-Day Eviction Notice
When evicting tenants from a rental unit, landlords use various types of eviction notices to deal with non-compliant tenants. Such notices may include the three-day or seven-day eviction, which generally performs similar functions. Even so, there are a few significant differences between the two notices that landlords should be aware of.
The three-day eviction notice is commonly served to tenants who fail to make their agreed-upon monthly rent payments. This notice can also be issued to tenants who pay rent inconsistently, informing them that failure to remedy the action within the three days may result in termination of the rental agreement and eviction through the legal proceedings.
On the other hand, the seven-day eviction notice is served to tenants for not complying with the tenancy agreement terms. This type of eviction notice gives the tenant seven days to comply with the notices’ requirements or move out of the premises, failure to which the landlord may seek legal action against them.
How to Get a Seven-Day Eviction Notice Form
Writing an eviction form from scratch can be a daunting task. This is why we have provided our readers with free downloadable seven-day eviction notice templates which can be customized to suit the reader’s unique needs. Our free templates are professionally formatted, which means that you don’t have to worry about designing the form, and they include all the critical elements.
Your only task is to review the various templates available on this site, verify your relevant state laws regarding the eviction process, download a template that suits your needs, read through it to understand what it entails, fill it out appropriately then issue it to the non-compliant tenant.
How to Fill the Seven-Day Eviction Notice
When writing/filling out a seven-day eviction notice, landlords must ensure that the eviction form is clear, precise, and includes all the relevant information to make the process as smooth as possible. Landlords will also want to be sure that they are providing the eviction notice legally by completing all the necessary steps.
Below is a detailed and procedural guide on how to effectively write or fill out a seven-day eviction notice:
Verify the residence location according to the state laws
Before filling in the notice form, ensure that the selected seven-day eviction notice form is authorized for use in the state where the property is located. Verification of the relevant state laws regarding evictions ensures that you conform to state requirements, thus avoiding the possibility of future litigation issues which might be costly.
Fill in the tenant’s details
The next step involves providing the details of the tenant to whom the eviction notice applies. This information should be supplied in the header of the eviction form or template. Information to include in this section includes the name (s) of the tenant, the rental unit they occupy, and their address information.
After providing this information, enter the original lease date, the date the rental agreement was signed, and include detailed information about the rental property, including the unit number, street, city, and zip code.
Specify the reason for eviction
The third step of writing/filling an eviction notice form includes outlining the reason (s) for evicting the tenant, which may include failure to pay rent, engaging in criminal activity on the rental premises, termination of the month-to-month tenancy agreement, violating any term (s) on the lease agreement, etc.
Each reason provided should have detailed information; for example, if the reason for eviction is due to missed rent payment, list the dates the tenant missed the rent payment, the total rent arrears, and any applicable late fees or processing fees. Additionally, make sure that the reason for eviction is legitimate and legal in the jurisdiction of the rental property.
If the landlord believes that the reason for eviction is curable, the eviction notice form should clearly state what the tenant can do to fix the violation and avoid the eviction.
Verification of rental agreement violation notice
Eviction notices usually include a section known as the ‘Certificate of Service’, which the landlord and the courts use if a FED is filed. This section confirms that the tenant received notice of their rental agreement violation following the relevant state laws.
Thus, the landlord must verify this section by supplying their signature, if they will deliver the notice personally, or have their representative (the individual serving the notice to the tenant) sign it.
Sign the document
The property owner should then sign the document to bring it into effect. Once the document is signed, it can be served to the tenant. In most states, eviction notices can be issued to tenants in any of the following ways:
- The landlord can hand-deliver the notice to the tenant or have their agent or professional courier deliver it to the tenant
- The landlord can, in person, issue the notice to any adult tenant living on the rental unit and listed on the rental agreement
- Put the notice on the property, usually on the front entrance of the rental premise
- Mail the eviction notice with a return receipt
Note: State laws differ depending on the state, and therefore, depending on the area the residential unit is located, a landlord may need to serve the notice in a specific way, for instance, have a local law enforcement post the notice or obtain a court order to issue the notice to the tenant.
At the end of the seven days, when the tenant receives the seven-day eviction notice, they shall have either remedied the violation, if applicable, or moved out of the rental property. The landlord should make the appropriate follow-up. If the tenant has neither complied nor vacated the premises, the landlord may file an eviction lawsuit against the said tenant.
Free Template Available
Following is a professionally crafted seven-day eviction notice template for you:
Key Takeaways
- An eviction is a court-ordered removal of a tenant from a property where they reside.
- Evictions can result from non-payment of rent by tenants, non-compliance with the lease agreement, and termination of a month-to-month lease agreement to enable the landlord to repossess the property.
- The eviction process must begin with the landlord issuing an notice to the tenant in a three-day, seven-day, or 30-day-eviction notice form. In either of these cases, the landlord must conform to the applicable state laws concerning issuing eviction notices to tenants.
- An effective seven-day eviction notice form must include the tenant’s details, the type of notice being issued, the reason for eviction, a date on which the notice will come into effect, a certificate of service signed by the issuing party, and the landlord’s signature. If a tenant does not fix a violation indicated on the notice, a landlord can seek Forcible Entry and Detainer through a district court, small claims court, or housing courts.
