Does an eviction notice have to be notarized? Whether you’re a landlord about to issue an eviction notice or a tenant facing eviction, here’s what you need to know.
Does An Eviction Notice Have To Be Notarized?
The eviction notice itself doesn’t need to be notarized.
Proof of service of the eviction lawsuit may need to be notarized depending on the rules in your state, county, or city.
“Eviction notice” is a catch-all term used to refer to the initial notice to quit, notice of the court summons and complaint, and notice of the final eviction order. But each eviction notice has its own requirements.
Let’s break it down.
Does A 5 Day Notice Have To Be Notarized?
A 5-day notice does not need to have a notarized signature.
The same is true for this initial eviction notice no matter the specific period required by your jurisdiction. Some states have a 3-day notice period, while others use a 5, 7, 14, or 30-day notice period.
The initial notice will be a “notice to pay or quit” if rent is owed. The notice will be a “notice to cure or quit” for other lease violations.
At this stage, the lease violation is still a private matter between landlord and tenant. The court isn’t involved.
When the tenant remedies the situation or moves out by the specified date, no further eviction action is necessary.
If the tenant fails to comply with the notice, the landlord can file an eviction case with the court.
The 5-day notice must comply with the rules in your jurisdiction. Because regulations vary, you’ll need to check your local laws to find out what the notice should include.
For a 5-day pay or quit notice, the notice will contain:
- Date of the notice
- Clear wording at the top of the notice in all caps indicating the notice is a FIVE-DAY NOTICE TO QUIT FOR NONPAYMENT OF RENT
- Statement informing the tenant they have 5 days to pay or quit
- Names of all tenants and occupants
- Tenant’s address
- How much rent is due and which section of the lease the tenant violated
- Notice the landlord intends to file an eviction case with the court if the tenant doesn’t pay by the specified date
- Where the tenant must pay the rent
- Landlord’s signature
Serving The Tenant With A 5 Day Notice
Landlords may be able to personally deliver the notice to pay or quit, but depending on the state, the notice may need to be:
- Sent in the mail (requires a certificate of mailing)
- Delivered by a process server or sheriff
- Posted on the door of the rental unit/property
Proof of service may also be required (depending on local laws). Check the rules in your jurisdiction to find out how to legally serve a notice to quit.
Notice Of Court Summons And Complaint
If the tenant doesn’t comply with the notice to pay or quit, the landlord’s next step is filing an eviction case at the local courthouse.
Tenants must be notified of these proceedings so they have the opportunity to contest the eviction.
The notice of Summons and Complaint must be served on the tenant by an uninterested 3rd party (someone who is not party to the case). Landlords can’t personally deliver this notice.
In many jurisdictions, anyone over the age of 18 can serve the summons, but depending on your local law, the court summons may need to be served by a sheriff or process server.
There’s no requirement for a notarized eviction notice, but landlords must supply the court with proof that their tenant has been properly served with the eviction documents.
This proof of service, called an Affidavit of Service, may require a notarized signature. Again, local laws will vary.
Notarized Affidavit Of Service
The Affidavit of Service form is available from the courthouse. Once the tenant has been served with the eviction Summons and Complaint, the process server fills out the Affidavit of Service and has the form notarized. The Affidavit of Service is then filed with the court.
The Affidavit of Service includes the following details:
- Name of the person served
- Place they were served
- Date and time of service
- How the person was served (in person or via mail)
- Description of documents served
- Name of process server
- Signature of process server
Final Notice Of Eviction – Writ Of Possession
If the court allows the eviction to go ahead, the tenant has the right to appeal. If the tenant doesn’t appeal the eviction or loses the appeal, they must vacate the rental on or before the date given by the court.
If the tenant doesn’t move out, the landlord can ask the judge for a Writ of Possession.
This is the final step, and upon executing the Writ of Possession the tenant and their belongings will be removed from the property.
Landlords cannot remove the tenant themselves, they must present the Writ of Possession to the local sheriff.
This eviction document does not need to be notarized.
After officers post the Writ of Possession on the door of the rental, the landlord will schedule an appointment with the sheriff to carry out the eviction. As a courtesy, the tenant may be informed of the date of the lockout, but this isn’t required.
To ensure you issue legally compliant eviction notices, check the requirements with your local courthouse. The court website or the court clerk will let you know which eviction documents (if any) need to be notarized.
Tenants facing eviction can get help. Call 2-1-1 to find your local housing rights organization.
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Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.