What Is an Eviction Notice?

by Brandi Laren ; Updated July 27, 2017

When a tenant receives an eviction notice from a landlord, it means that they must leave the property within the time frame stated on the notice. When a landlord issues an eviction notice, it is generally after they have given their tenant several chances to pay their rent or improve their behavior on the landlord's property. The eviction notice is generally hand-delivered and is not optional. When it is received, tenants have no choice but to pack up their stuff and go, unless they can negotiate with the landlord.

Time Frame

The time allotted to vacate once a tenant has received an eviction notice varies depending on what state the tenant is in and eviction rules regarding their jurisdiction. In general, however, tenants are given between 30 and 60 days to vacate the premises once they have received an eviction notice. Depending on a tenant's jurisdiction, the landlord can sometimes evict them without just cause.

Eviction Due to Failure to Pay Rent or Lease Violation

When tenants don't pay their rent on time, a landlord can file a notice to pay rent or notice to pay rent or quit with the courthouse located within the property's jurisdiction. Once one of these notices are filed, the tenant is served. If the tenant is being evicted due to another reason besides failure to pay rent, such as a lease violation, the landlord can file a notice of lease violation with the courthouse and have the tenant served as well.

Notice to Quit

If a landlord attempts to evict a tenant, they must first serve them with a Notice to Quit document. Once the tenant receives this it is sometimes possible for the tenant to settle with the landlord outside of court to prevent a trial. At this point, the notice to quit is a request, not a court order, according to the Legal Assistance Resource Center of Connecticut. If the tenant does not move out by that date, a landlord can then move forward with court proceedings for an eviction.

Trying to Stop an Eviction

Once a Notice to Quit is served, a tenant should try to negotiate with the landlord to prevent eviction. If the notice to quit is a result of failure to pay rent, and the tenant has the money, he or she should pay the landlord. It is also important to have the landlord put in writing that they are willing to accept the rent money and stop the eviction proceedings, before the tenant pays them, according to the LARCC.

Effects of an Eviction

Even if a tenant wants to leave, he or she should try to negotiate with the landlord to prevent eviction proceedings. Once a tenant has been evicted, it can be very difficult for him to be approved for a lease on a new place and it can have damaging effects on their credit as well.