Residential Eviction Notice

Residential Eviction Notice: Create a Verified Notice to Leave

A verified residential eviction notice is the formal notice a landlord gives to an occupier of a home to end their right to stay. The right notice depends on the type of letting and where the property is. Robot Lawyer drafts the notice from your answers, using the right legal ground and notice period for current law. On the Verified plan, a legal professional checks it before you serve it.

CONTENTS

What Is a Residential Eviction Notice?

An eviction notice is the first formal step in ending someone's right to live in a property. It must use the correct form, rely on a valid legal reason and give the right amount of notice. A notice with a mistake can be invalid, which means starting again and losing months.

When Do You Need One?

• Rent arrears
  The tenant owes rent.
• Breach of the tenancy
  Damage, nuisance or other breaches of the agreement.
• You need the property back
  For example to sell it or move in yourself, where the law allows.
• Lodgers
  Ending a lodger's licence in your own home.

What's Included in Your Notice?

• The parties and property
  The landlord, every tenant named on the tenancy and the address.
• The legal ground
  The ground for possession that matches your reason, with the facts that support it.
• The notice period
  The period the law requires for that ground.
• The date
  The earliest date court proceedings can begin, worked out for you.
• Explanatory notes
  What the tenant can do and where to get advice.

Eviction Rules in Different Countries

Eviction law is local. Most places set a required form of notice, the reasons a landlord can rely on and minimum notice periods, and nearly all require a court or tribunal order if the occupier doesn't leave. A lodger in the landlord's own home usually has fewer protections than a tenant. A few examples:

• UK
  In England, a landlord must serve a Section 8 Notice (Form 3A) relying on a legal ground, with notice periods from two weeks to four months. Wales uses occupation contract notices, Scotland uses a notice to leave and Northern Ireland has its own notice rules.
• United States
  Eviction is governed by state law and sometimes city law. A notice to pay rent or leave can be as short as a few days, and some states and cities only allow eviction for a valid reason.
• Ireland
  A landlord must use a written notice of termination with the required content, and the notice period depends on how long the tenancy has lasted. After the first months of a tenancy, it can usually be ended only on specified grounds.
• Canada
  Each province or territory sets its own grounds, notice periods and official notice forms, and disputes go to a landlord and tenant board or tribunal.
• Australia
  Each state and territory has its own notices and periods, and several, including New South Wales and Victoria, now limit notices given without a reason.

These notes are general and the law changes often, so check the current rules where the property is.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us about the landlord, the tenant, the letting and why you need them to leave.
2. Generate your notice
   We draft the right notice with the correct ground and notice period.
3. Get it verified
   On the Verified plan, a qualified legal professional checks the notice within 24 hours and makes amendments where needed. See how our documents are verified.
4. Serve it
   Serve it in a way you can prove, and keep a record.

Residential Eviction Notice FAQs

How much notice do I need to give a tenant?

It depends on where the property is, the type of letting and the reason. In England, for example, rent arrears under Ground 8 needs four weeks' notice, and selling or moving in needs four months'.

Can I evict a tenant without a reason?

It depends on local law. More and more places, including England, Scotland and several Australian states, require a valid ground for possession, while others still allow a notice without a reason in some cases. If the tenant doesn't leave, you will usually need a court or tribunal order.

What happens if the tenant doesn't leave by the date in the notice?

In most places you must apply to a court or tribunal for a possession order. You can't remove a tenant yourself, and doing so can be a criminal offence.

How long is an eviction notice valid?

It varies by country and region. In England, court proceedings on a Section 8 notice must usually be started within 12 months of the date the notice was served.

Create a Verified Residential Eviction Notice

Serve the right notice, first time. Related documents: Tenancy Agreement, Rent Repayment Plan and Lodgers Agreement and, for England, Section 8 Notice.