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- 1). Review the lease for the rental unit that will be subject of the eviction to determine if you must give written notice to the tenant prior to commencing eviction proceedings. A tenant can waive the right to receive such notice in writing, in which case you can commence with the eviction process. If the tenant occupies the unit under an oral agreement, you must comply with the statutory notice requirements.
- 2). Prepare a draft of the eviction notice in letter form, addressed to all tenants who occupy the unit. State in the notice the reason for the eviction, such as the lease term has expired, a breach of the lease provisions (e.g., causing a nuisance) or non-payment of the rent. Leave a space for inserting the number of days the tenant has to vacate the unit before an eviction will be started.
- 3). Review Section 250.501 of the Landlord Tenant Act to determine the number of days that must be stated in the notice prior to an eviction, unless you have a lease that specifies the number of days. Always insert the number of days specified in the lease over what the Act states. If your lease is silent on the notice requirements, you must provide notice as follows: for a non-payment of rent eviction, 10 days notice; for a breach of a lease provision or expiration of lease term eviction, 15 days notice if the lease term was less than a year or of an indefinite time period, and 30 days if the lease term was for a year or more.
Special rules apply to mobile home park evictions: for a non-payment of rent eviction between April 1st and September 1st, 15 days notice; for a non-payment of rent eviction between September 1st and April 1st, 30 days notice; for a breach of a lease provision or expiration of lease term eviction, 30 days notice if the lease term was less than a year or of an indefinite time period, and 90 days if the lease term was for a year or more. - 4). Prepare the eviction notice in final form by inserting the applicable notice period in the notice and signing and dating the notice.
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