Eviction Notice For Illegal Activity | Notice to Quit

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Updated July 26, 2022

An eviction notice for illegal activity is sent by a landlord if the tenant has performed an illegal act on the premises. This type of notice commonly requires the tenant to vacate the premises immediately (depending on state law). In addition, the lease would be terminated between the parties.

Common Illegal Acts

  • Drug use
  • Harassment
  • Prostitution
  • Stealing
  • Violence

State Laws

State Notice Period for Illegal Activity Statute
Alaska 5 days Sec. 34.03.220
California 3 days § 1161 (4)
Delaware Immediate § 5513(b)
Illinois 5 days 740 ILCS 40/11765 ILCS 705/5
Iowa 3 days § 52A.27A
Maryland 14 days 8-402.1(B)
Michigan 24 hours § 554.134(4)
Oklahoma Immediate § 132 (C) & (D)
Oregon 24 hours (§ 90.396 & 90.398)
Rhode Island 24 hours § 34-18-36
Tennessee 3 days § 66-28-517
Utah 3 days § 78B-6-802(2)
Vermont 14 days § 4467
Washington 3 days § 59.12.030(5)
Washington D.C. 30 days § 42–3505.01(e)
West Virginia Immediate §5-3A-1

FAQs

What are common types of illegal activity that can trigger an Eviction Notice?

Commonly occurring illegal activities are listed below:

  • The tenant has allowed controlled substances on the premises of the property (drugs). In addition, the use, sale, manufacture, or distribution of controlled substances.
  • The tenant has allowed prostitute-related activities to occur on the property or has allowed prostitution.
  • The tenant has unlawfully possessed a firearm that resides on the property or has unlawfully used a firearm on the premises of the property.
  • The tenant has obtained stolen property or property acquired through a robbery on the premises of the property.
  • The tenant has shown evidence of violence, harassment, verbal abuse, or made threats.
  • The tenant has completed the application process fraudulently.

Can an illegal activity occurring off the property be a cause for an Eviction Notice?

Illegal activity occurring off the property can be cause for eviction. However, this is dependent on local state laws and if the rental contract includes clauses and covenants advising tenants to refrain from such activity on the property.

Can medical or legalized marijuana be subject to an Eviction Notice?

The legality of marijuana is dependent on state laws. Currently, marijuana is illegal at a federal level. However, medical and recreational Marijuana is available in most states.

A landlord will want to consult with legal counsel to ensure they are not discriminating against those who may need it medically and what clauses can be added to ensure illegally possessed drugs are still being addressed in the rental agreement.

How to Write

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I. Notice Information

(1) Official Notice Date. The Landlord producing this notice must identify its official date. In many cases, this is considered filing information however, it can also serve as a benchmark since it notes when this demand is made by the Landlord.

(2) Tenant Of Concern. Each Tenant being addressed must be named. Therefore, make sure that each Tenant who has signed the lease tying him or her to the Premises and the Landlord is identified with a presentation of his or her full name as it was documented in the concerned lease.

II. Identifying Premises And Lease

(3) Address Of Leased Premises. The address where the premises this notice obligates the Tenant(s) to release must be included when issuing this demand. Supply this address where requested by recording the building number, street, unit number, city, and zip code of the property’s geographical location.

(4) Start Date Of Lease. A staple used to identify a specific lease will be its start date. Therefore, review the lease once more and locate the start date that was defined for the occupancy of the Tenant(s) being addressed in this notice then transcribe this date to the space in “Lease Start Date.”

III. Illegal Activity Notice

(5) Days To Quit. The number of days that shall be given to the Tenant(s) to vacate the premises for repossession by the Landlord must be documented. To present this number of days, report it on the first empty line following the term “Illegal Activity.” This statement shall be used to inform the Tenant how many days he or she has from the calendar date this notice is served to him or her to leave the premises with his or her belongings or face potential additional legal action.

(6) Reason For Demand. The exact reason why the Tenant is being given a number of days to formally (and completely) quit the premises must be presented in this notice. Thus, plainly detail each illegal act committed by the Tenant(s) and considered a violation of the lease. If the lease signed by the Tenant (and Landlord) informs the Tenant that illegal activity will not be tolerated, then citing this language from the lease is recommended in addition to a copy of any police report relevant to the Tenants’ illegal activity.

IV. Landlord Intent

(7) Signature Execution Of Landlord. The Landlord’s signature is mandatory to put this notice in effect. The Landlord should review the content of the notice and any attachment made. If satisfied, he or she must sign his or her name in the signature area provided then deliver the current calendar date.

(8) Landlord Name, Address, And Contact Information. The Landlord must submit his or her name in print to complete this signing. Additionally, his or her mailing address, phone number, and email address should be produced.

V. Preliminary Information For Affidavit

(9) Location Of Statement. The notice must be delivered to the Tenant(s) in a verifiable manner. To this end, a Notice Server is often obtained by the Landlord and will be expected to document the serving process engaged for the delivery of this notice. This declaration will need to begin with a recording of the name of the County and the State where this confirmation is made.

(10) Date of Service Declaration. A production of the calendar date defining when the Notice Server makes this paperwork’s declaration is required in the header.

(11) Notice Server Identity. The first statement made must be used to identify the Notice Server making this declaration. His or her full name should be entered into the space in the First Article of this instrument.

VI. Recipient Description

(12) Recipient Party. The Server completing the notice delivery will need to indicate to whom he or she gave the notice to and when. To this end, the full name of the Notice Recipient must be on display in Article II. Space has been reserved in Statement (A) for this presentation.

(13) Address/Location Of Recipient Acceptance. The physical place or the geographical location where the Recipient accepted the notice from the Server must be defined with its full address.

(14) Date And Time Of Recipient Acceptance. The exact date and the precise time when the delivery of this notice is made should be reported.

VII. Delivery Options

(15) Mail. Several methods of delivery may have been available to the Notice Server. If it was necessary to mail the notice to the Tenant(s) that must be informed to relinquish the leased property, then the checkbox “Mail” will need to be selected by the Server.

(16) Type Of Mail Service. In a case where a mailing service was used to deliver the notice, then one of the types of mail service presented by this option must be selected. This act will inform Reviewers as to whether the Server sent the notice via “Standard Mail,” “Certified Mail (With Return Receipt),” “FedEx,” “UPS,” or a different service not defined thus far (“Other”).

(17) Direct Service. Under ideal circumstances, the Server will have personally completed the delivery by handing the notice to the Tenant(s) it addresses. If so, then the “Direct Service” will need to be selected to define delivery.

(18) Non-Tenant As Recipient. If the notice was handed to Someone other than the Tenant(s), then this will need to be indicated. In this case, the checkbox labeled “Someone At The Residence” must be marked and the name of the actual Recipient of the notice must be documented.

(19) Workplace Party As Recipient. If the Server released the notice to “Someone At The Workplace,” then the following checkbox should be selected and the name of the Recipient who physically took the notice from the Server must be produced in this delivery option.

(20) Leaving At Residence. If the Server posted the Landlord’s notice in a highly visible area at the home of the Tenant(s) then the delivery option labeled “Leaving At Residence” must be selected and a description of where the notice was left or posted must be presented where requested.

(21) Recipient Rejection Of Notice. If the Recipient refused the notice by formally not accepting it then the second to last delivery option “Recipient Rejected Delivery” should be selected.

(22) Other Delivery Status. If none of the above delivery statements can be used to properly describe how the Tenant(s) received the notice, then the “Other” checkbox will have to be selected and an accurate description of how the Server completed delivery be presented on the space after “Other.”

VIII. Verification Of Notice Server

(23) Server Signature Process. To complete the declaration, the Server will need to sign this document, print his or her name, and furnish the date when these submissions were made to the signature area provided at the end of this declaration.