Tenant Notice Of Vacating Property: Fill & Download for Free

This is a “self-help eviction” and it’s not only illegal, but it’s pretty stupid to do.Once you are late on rent (even by one day) the landlord does have the right to file in court to have you evicted. You will receive notice of that via a posting on your door. It won’t just be mailed to you. It must be posted somewhere that is guaranteed to see it. That posting will have a court date. You do not have to actually show up in court but if you don’t then the landlord is going to win.At that hearing, the court will give you a date by which you must vacate the property. If you do not vacate by that date, then the landlord has the right to ask the sheriff to remove you.The landlord has the right to remove any of your possessions from the property after the date specified in the court hearing but must keep them in safe storage for a specified period of time. It’s usually 60–90 days depending on your state. The landlord can bill you for storage fees. If you do not claim your possessions within that window then the landlord may sell them off in order to recoup his costs from this whole process and any unpaid rent. If the amount of money that he gets from selling your possessions actually exceeds the landlord’s costs, then he must send that to you if you left a forwarding address.That is how you evict a tenant legally. Not by doing things like you describe (which are highly illegal).

You should apologize profusely to the landlord for trying to overstep the bounds of your rights as a tenant, and making an issue over the landlord having a set of keys. The lease and landlord tenant laws restrict what the landlord is allowed to do while having keys to rental units.Tenants lock themselves out, lose keys, call their landlord in the wee hours needing keys - this sort of thing where the tenant is strictly to blame then becomes the landlord’s problem, and it would be an even bigger problem all around if the landlord did not have a set of keys.Routine maintenance is needed, and the tenant can’t take time off for the repair person to be allowed in; so the landlord needs a set of keys to escort the repair person. Emergency situations happen, where the landlord must urgently access the property - oh, but the tenant who has the only keys is away on vacation; good luck with that emergency not worsening.And when you have given notice that you are moving - why should the landlord not be allowed to show the property to interested parties, once you have been given proper notice of such access? Of course, keys are needed to do this too.Apologize - and admit to the landlord you were being irrational regarding the landlord having a set of keys.EDIT - as Todd Barr and Carolyn Barr posted in the comments on this answer, the emergency could be one where the tenant's life needs to be saved!!! Yet another good reason for the landlord to have a key.A somewhat naive comment pointed out that the landlord could just break the door in the event of an emergency; what makes such a comment naive is that there are apartment complexes that use steel doors and door frames specifically intended to prevent the door from being broken. It would be quite an effort to get through such a door without a key. All the while whatever the emergency situation might be continues to worsen.

I could answer better if I knew what you meant by “eviction notice”.In California, the closest thing that we have to that might be a “5-Day Notice to Vacate,” posted by the Sheriff or Marshall’s office which serves the Court district that issued the Writ of Possession in the Unlawful Detainer case.The sheriff will post a notice on the door, giving the tenant 5 days to vacate. If the tenant does not vacate by the deadline, then the sheriff will schedule a day and time to come to the property. The landlord will be notified of the lockout appointment, but the tenant will not. The landlord will meet the sheriff at the scheduled time. When the sheriff arrives, the sheriff will remove all occupants, if any are present. This process is known as the eviction sheriff lockout. At that time, the landlord will immediately want to change the locks. The tenant has no legal right to access the property after that time, without the permission of the landlord.The sheriff’s deputies are fully authorized peace officers who will use physical force, if necessary, to extract the occupants of the premises — fortifications notwithstanding. If the tenant resists in any way, well, the incident will probably be on the evening news. Any attempt to remain on — or to return to — the premises will be treated as criminal trespass.One way or another, you will be removed.