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What is an eviction notice?

A notice of eviction, while frightening, is merely the first of a series of steps in the eviction process.  The majority of tenants who face eviction are being evicted as a result of not paying their rent.  Other tenants can face eviction for reasons that include, but are not limited to:  creating health or safety hazards, violating the terms of a lease agreement or personal conflict with the landlord.

Tenant and landlord laws can change and vary between jurisdictions, however there are general laws and procedures that may apply in most locations.  If you have received a notice of eviction from your landlord, you may need to consult with one of our real estate lawyers for legal advice in your area to understand what your legal rights are and all of your available options.

Eviction notice on door

What is an eviction notice?

An eviction notice is intended to inform a tenant that a legal process for eviction has been initiated.  The eviction may continue if the matter between the tenant and landlord cannot be resolved.

The time a tenant has to respond to an eviction notice can depend on the issue(s) that provoked the letter of eviction. If the matter is immediately confronted, a tenant could delay the process for several weeks to months and possible prevent the eviction from occurring.

A proper eviction must meet very strict requirements before the courts will deem it valid. It is strongly recommended that you obtain legal advice from a qualified lawyer regarding your rights when responding to or serving an eviction notice.

Eviction notice on door

What is an eviction notice?

An eviction notice is intended to inform a tenant that a legal process for eviction has been initiated.  The eviction may continue if the matter between the tenant and landlord cannot be resolved.

The time a tenant has to respond to an eviction notice can depend on the issue(s) that provoked the letter of eviction. If the matter is immediately confronted, a tenant could delay the process for several weeks to months and possible prevent the eviction from occurring.

A proper eviction must meet very strict requirements before the courts will deem it valid. It is strongly recommended that you obtain legal advice from a qualified lawyer regarding your rights when responding to or serving an eviction notice.

How is an eviction notice served?

There are a variety of ways notice of eviction can be served.  The landlord can obtain the service of a company who specializes in serving eviction notices or they could simply hire a process server.

A common method is for the notice of eviction to be sent by Certified Mail with a return receipt.  Once this step is completed, additional notices may be posted conspicuously on the property.

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Will an eviction notice affect my credit?

In a word, no.  However, while an eviction notice itself will not affect your credit score directly, indirectly late or unpaid rental payments to the landlord could result in a collection which can be reported to the credit bureaus.  This is how an eviction could indirectly reduce your scores.

Additionally, any judgements as a result of an eviction could create a lien against you.  This could prevent you from buying a home, purchasing a car or opening lines of credit.

In just 6 states and 31 cities, landlords have filed for approximately: 6,600 per week.  –Eviction Lab

Can an eviction notice be sent by email?

Technology has dominated our lives and the way we traditionally used to conduct business. Be that as it may, notices of eviction served by text, e-mail or voicemail may not be considered appropriate methods of delivery in your state.

However, eviction laws continuously change throughout the country. Whether being served a notice of eviction by e-mail is legal or not rests solely on the current laws of the state you reside in. A phone or in-person consultation with a local lawyer can help determine how evictions work in your area.

If you received a text, e-mail or voicemail, it could indicate that a formal notice has previously been sent that may have been missed.

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