When to File

Prior to filing a Complaint for Forcible Detainer to evict a tenant, the plaintiff/ landlord must give the tenant at least three days written notice to vacate unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.  The notice period is calculated from the day on which the notice is delivered.  The notice to vacate should be unconditional (I.E., it should tell the tenant to vacate the premises by a specific date in no uncertain terms.)  The plaintiff/ landlord should be prepared to provide proof at an subsequent court hearing that the Notice to Vacate has been served on the tenant  retaining a copy of the Notice to Vacate and serving the Notice to Vacate in accordance with the law.