Eviction Notice and Lease Termination Compliance Checklist
Eviction procedures must strictly comply with state landlord-tenant law to avoid wrongful eviction liability. This checklist guides landlords and property managers through proper eviction notice and procedure requirements.
- Industry: Real Estate
- Frequency: Per Eviction Proceeding
- Estimated Time: 30-45 minutes
- Role: Property Manager / Real Estate Attorney
- Total Items: 31
- Compliance: State Landlord-Tenant Acts (California AB 1482, Oregon SB 608, New York HSTPA, etc.), Federal CARES Act Eviction Protections, Fair Housing Act - Discriminatory Eviction Prohibition, Uniform Residential Landlord and Tenant Act (URLTA)
Grounds for Eviction
Establish valid grounds for eviction.
- Valid just cause for eviction established under applicable state law?
- Eviction is not based on protected class status per Fair Housing Act?
- Eviction is not retaliatory for tenant's exercise of legal rights?
- Lease violation or non-payment documented with evidence?
- Tenant given opportunity to cure curable violations?
Notice Requirements
Verify notice compliance.
- Correct notice type used for basis of eviction (3-day, 30-day, 60-day per state law)?
- Notice contains all legally required information (amount owed, violation description, cure deadline)?
- Notice served by legally valid method (personal service, substitute service, posting and mail)?
- Proof of service documented (process server affidavit, certified mail receipt)?
- Notice cure period has expired without tenant compliance before filing?
Habitability and Landlord Obligations
Verify landlord has met obligations.
- Unit meets habitability standards (working heat, plumbing, no vermin)?
- All required repair requests from tenant addressed?
- No rent accepted after notice was served that could waive eviction?
- Landlord current on all lease obligations (security deposit accounting, disclosures)?
- Any applicable eviction moratorium protections verified to have expired?
Documentation
Verify eviction documentation is complete.
- Complete payment ledger documenting non-payment?
- Executed lease and all addenda on file?
- Communication log with tenant documenting violation history?
- Photo documentation of property condition or lease violations?
- Relocation assistance calculated and ready to deliver if required by local law?
Filing and Unlawful Detainer
Review filing requirements.
- Filing in correct court (typically local superior or municipal court)?
- Unlawful detainer summons and complaint complete per local court rules?
- Filing fees verified and ready?
- Attorney retained for eviction if required by jurisdiction?
- Self-help eviction (changing locks, removing belongings) confirmed as illegal and not planned?
Post-Eviction
Plan post-eviction procedures.
- Writ of possession process understood and sheriff service planned?
- Property condition documentation plan for after tenant vacates?
- Security deposit accounting timeline known per state law?
- State law on abandoned property notification requirements understood?
- Plan for pursuing damages above security deposit if needed?
- Complete eviction file retained for potential future litigation?
Related Real Estate Checklists
- Real Estate Environmental Site Assessment Checklist
- Commercial Real Estate ADA Accessibility Audit Checklist
- Landlord-Tenant Dispute Documentation Checklist
- Property Tax Assessment Appeal Documentation Checklist
- Real Estate Capital Improvements Planning Checklist
- New Property Management Onboarding Inspection Checklist
- Commercial Lease Abstract and Review Checklist
- Property Condition Assessment Pre-Acquisition Checklist
Related Regulatory Compliance Checklists
- Commercial Lease Compliance Audit Checklist - FREE Download
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- Commercial Real Estate ADA Accessibility Audit Checklist - FREE Download
- Landlord-Tenant Dispute Documentation Checklist - FREE Download
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Why Use This Eviction Notice and Lease Termination Compliance Checklist?
This eviction notice and lease termination compliance checklist helps real estate teams maintain compliance and operational excellence. Designed for property manager / real estate attorney professionals, this checklist covers 31 critical inspection points across 6 sections. Recommended frequency: per eviction proceeding.
Ensures compliance with State Landlord-Tenant Acts (California AB 1482, Oregon SB 608, New York HSTPA, etc.), Federal CARES Act Eviction Protections, Fair Housing Act - Discriminatory Eviction Prohibition, Uniform Residential Landlord and Tenant Act (URLTA). Regulatory-aligned for audit readiness and inspection documentation.
Frequently Asked Questions
What does the Eviction Notice and Lease Termination Compliance Checklist cover?
This checklist covers 31 inspection items across 6 sections: Grounds for Eviction, Notice Requirements, Habitability and Landlord Obligations, Documentation, Filing and Unlawful Detainer, Post-Eviction. It is designed for real estate operations and compliance.
How often should this checklist be completed?
This checklist should be completed per eviction proceeding. Each completion takes approximately 30-45 minutes.
Who should use this Eviction Notice and Lease Termination Compliance Checklist?
This checklist is designed for Property Manager / Real Estate Attorney professionals in the real estate industry. It can be used for self-assessments, team audits, and regulatory compliance documentation.
Can I download this checklist as a PDF?
Yes, this checklist is available as a free PDF download. You can also use it digitally in the POPProbe mobile app for real-time data capture, photo documentation, and automatic reporting.