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Eviction Notices

Serving proper notice on a tenant is generally a prerequisite to filing a Forcible Entry and Detainer action. Generally, the proper service of notice is “jurisdictional.” This means that if you don’t do it correctly, the Judge will have no choice but to dismiss your lawsuit. You will then have to start all over again. The following is a brief summary of the types of notices which can be served on a non-compliant tenant.

5-Day Notice: This notice is given to tenants who are behind on rent. If the full amount isn’t paid within 5 days, the landlord can end the lease. It’s important to avoid accepting partial payments during this time, as it might cancel the notice.

10-Day Notice: This notice can be given if a tenant breaks the lease agreement, like disturbing the peace or damaging property. The landlord can end the lease within 10 days of giving this notice.

30 Day Notice: This notice is used to end a lease that’s month-to-month or about to expire. It can also be used to evict a condo owner who hasn’t paid their dues.