A notice to quit for non-compliance of the lease is a type of eviction letter that informs a tenant of what they did wrong, and what they need to do in order to correct the problem. It is not used for tenant offenses that are illegal (for illegal offenses, use the notice to quit for illegal activity).
Also known as a:
- Lease violation notice
- Cure or quit notice
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
Once a tenant records their signature onto the lease, they are giving their legal affirmation that they will abide by all of the conditions within the contract. If they purposefully break a rule, they open themselves up to receiving an eviction notice (and possibly being evicted).
Prior to issuing a notice, the landlord needs to be 100% confident that they will go through with eviction proceedings. If the landlord sends an eviction notice but doesn’t file the paperwork after the deadline, the tenant will lose respect for the landlord, paving the way for more (and potentially worse) lease violations.
Some of the most common violations a landlord may need to evict for include:
- Unauthorized pets (dogs, cats, hamsters, etc.);
- Damage caused by decoration or recklessness;
- Noise or other complaints have been filed against the tenant(s);
- Long-term guests;
- Exceeding lease or local-mandated occupancy limits;
- Unauthorized subletting;
- Illegal activity (see eviction notice for illegal activity);
Requirements for Being “Evictable”
Landlords can’t evict for anything. If they try, they’ll wind up losing the case and being faced with punishments and/or having to pay for the tenant’s legal fees. In order to be evicted, the tenant has to be causing the landlord monetary damage (in the form of damage to the property or unpaid rent) OR they are disrupting other tenants on a regular basis.
While evicting a tenant for non-compliance is a similar process to evicting for unpaid rent, they differ in that unpaid rent is easily provable, whereas proving a lease violation isn’t always as straight-forward.
Even if a landlord has personally seen the tenant break the lease, they’ll need to prove the tenant(s) conducted the action in a court of law. Photos, witness statements, and any documents pointing to the proof should be organized. While photos can be taken from outside of the residence without the tenant’s permission, the landlord will need to provide the tenant(s) with adequate notice before entering their property. This can pose to be tricky, as this gives the tenant time to temporarily “remedy” the problem in certain situations.
Download the notice and complete all the fields. The landlord/property manager should have the following information readily accessible:
- Name of the tenant(s);
- Address + unit number of the rental;
- List of all violation(s);
- What the tenant(s) can do to remedy the issues (if curable);
- The number (#) of days the tenant(s) have to fix the issue; and
- The signature of the landlord/property manager.
Depending on the state in which the rental unit is located, the landlord may be required to issue the notice in a certain manner. This commonly involves registered mail (a service provided through USPS), although some states may allow the landlord to tape it to the tenant’s door. Whatever option selected, landlords need to understand the importance of delivering it correctly, as one of the most common reasons an eviction is thrown out is because the landlord didn’t follow the process (as outlined by state law) correctly.
So long the landlord issue a notice to quit that was curable, the tenant(s) have the time specified in the form to remedy the issues. This can include fixing any necessary damage, ceasing all excessive noise, removing pets, kicking out guests, or removing excessive vehicles from the premises. If the notice was sent as incurable, the tenant(s) have no other option but to pack up and leave the property within the time specified. If the tenant(s) are able to cure the issues, the landlord is required by law to hold off on evicting the tenant(s). However, many states have laws in place that make a second breach within a certain amount of time (commonly six months) an evictable offense that doesn’t warrant it to be curable.
|Alabama||7-Day Notice||§ 35-9A-421(a)|
|Alaska||10-Day Notice||AS 34.03.160(a)|
|Arizona||10-Day Notice||§ 33-1368(A)|
|Arkansas||14-Day Notice||§ 18-17-701(a)|
|California||3-Day Notice||§ 1161(3)|
|Colorado||3-Day Notice||§ 13-40-104(e)|
|Florida||7-Day Notice||§ 83.56(1)|
|Hawaii||10-Day Notice||§ 521-72(a)|
|Idaho||3-Day Notice||§ 6-303(3)|
|Illinois||10-Day Notice||§ 9-210|
|Iowa||7-Day Notice||§ 562A.27(1)|
|Kansas||14-Day Notice||§ 58-2564(a)|
|Louisiana||5-Day Notice||Art. 4701|
|Maine||7-Day Notice||§ 6002 (1)|
|Maryland||30-Day Notice||§ 8-402.1(a)|
|Mississippi||14/30-Day Notice||§ 89-8-13(3)|
|Missouri||10-Day Notice||§ 441.040|
|Montana||3/14-Day Notice||§ 70-24-422(1)|
|Nebraska||14/30-Day Notice||§ 76-1431(1)|
|Nevada (eForms incorrect)||5-Day Notice||NRS 40.2516(1)|
|New Hampshire||30-Day Notice||§ 540.3(II)|
|New Jersey||30-Day Notice||§ 2A:18-61.2|
|New Mexico||7-Day Notice||§ 47-8-33(A)|
|New York||30-Day Notice||§ 753(4)|
|North Carolina||Next-day||§ 42-26(a)|
|North Dakota||3-Day Notice||§ 47-32|
|Ohio||3-Day Notice||§ 1923.04(A)|
|Oklahoma||10/15-Day Notice||§ 132(A, B)|
|Oregon||10/14-Day Notice||§ 90.392|
|Rhode Island||20-Day Notice||§ 34-18-36(a)(3)|
|South Carolina||14-Day Notice||§ 27-40-710(A)|
|South Dakota||As reasonable||§ 43-32-18|
|Tennessee||30-Day Notice||§ 66-7-109(b)|
|Texas||3-Day Notice||§ 24.005|
|Utah||3-Day Notice||§ 78B-6-802|
|Vermont||30-Day Notice||§ 4467(b(1))|
|Virginia||21/30-Day Notice||§ 55.1-1245(A)|
|Washington||10-Day Notice||§ 59.12.030(4)|
|West Virginia||Next-day||§ 55-3A-1|
|Wisconsin||5-Day Notice||§ 704.17(2(b))|
|Wyoming||3-Day Notice||§ 1-21-1003|
Step 1 – Recipient
At the top of the form, enter:
- The date (mm/dd/yyyy) the letter was completed;
- The name(s) of all tenant(s); and
- The rental unit address (in full, including any unit/apt numbers).
Step 2 – Violation Description
Clearly state what the tenant(s) violated. Adding the page and paragraph number of where in the rental agreement the section applies to is also recommended.
Step 3 – Select Option 1 or Option 2
This section is where the landlord can choose to give the tenant(s) the option to correct their mistakes, known as “remedying” the lease.
Check option 1 if the violation(s) committed are fixable (“curable”). Then, describe the action(s) the tenant(s) must take in order to fix the issue, followed by the number of days they have to complete the action(s). Then, enter the date (and time) that the tenant(s) must move-out if they don’t remedy the lease in the time provided.
Then, enter the number (#) of days the tenant(s) have to fix the issue (for a second time), followed by the number (#) of months the tenant(s) will be bound to making no further violations (or else they will be evicted).
Check option 2 if the notice is incurable, and the tenant(s) will be required to move-out. Enter the number (#) of months the last violation occurred, followed by the exact date (mm/dd/yyyy) of the last infraction. Then, enter the date (mm/dd/yyyy) that the lease will be terminated and the number (#) of days that the termination date is from when the tenant(s) receive the notice.
Step 4 – Landlord / Agent Signature
The landlord (or agent working on behalf of landlord) will need to sign the form on the line provided below “Option 2”. This signature can be recorded using a pen (by printing the form), or by uploading the form to eSign and recording the signature digitally.
Step 5 – Record of Service
The record of service is a section of the notice that is completed immediately after delivering (or making an attempt at delivering) the notice to the tenant(s). It contains three (3) checkboxes pertaining to a different method of delivery. The landlord/agent can select any number of boxes. If the notice was delivered in-person to the tenant(s) or a person that was residing in the premises, the person that received the notice should sign their name onto the form.