Below are links to the most common commercial eviction notice forms. For non-payment of rent serve the Notice to Pay Rent or Vacate. For failure to pay charges that are not periodic recurring obligations or other breaches of the rental agreement, use the Notice to Comply or Vacate. To end a month-to-month tenancy use the Notice to Terminate Tenancy. The choice and manner of using eviction notice forms is vital to a successful eviction. It is best to consult an attorney before acting.
The notice must be served in a manner required by law. Email, for example, is not proper service. The notice may be served in one of three ways.
- personal service into the hands of each tenant;
- service on someone of suitable age and discretion plus mailing a copy to each tenant;
- if no one is available to serve personally, posting conspicuously and also mailing a copy to each tenant;
- For a tenant that is a corporation or LLC, by personal service into the hands of an officer, agent, or person having charge of the business plus mailing a copy to the rental property addressed to the business entity; or no such person can be found, posting conspicuously and mailing.
Mailing alone is not proper service legally, but is sometimes required for proper service in combination with other methods as noted above. When mailing is required, mail from the same county where the rental property is located.
Proper of service of the correct eviction notice form is the first step in the process. After the notice period, if the tenant does not cure and remains in possession the landlord must start the formal eviction process with an unlawful detainer action. See our page regarding the commerical eviction process, or contact our office.