Free Notice of Noncompliance

Updated:

A notice of noncompliance is a written lease violation notice to a tenant. The notice names each broken lease term and sets a date to fix it or leave. Landlords use it when a tenant breaks a lease rule other than paying rent.

Key facts

  • Purpose: the notice asks the tenant to fix a lease violation or move out by a set date.
  • Not for late rent: unpaid rent calls for a notice to pay or quit instead.
  • Content: the notice names the tenants, the rental address, each violation and the lease clause it breaks.
  • Time to fix: Florida gives the tenant 7 days from delivery of the written notice to correct the noncompliance, under Fla. Stat. § 83.56.
  • Proof of delivery: the certification of service shows who delivered the notice, when and how.
Notice of noncompliance preview

Create a Personalized Notice of Noncompliance online in under 5 minutes!

Build Your Document

Answer a few simple questions to make your document in minutes

Save and Print

Save progress and finish on any device, download and print anytime

Sign and Use

Your valid, lawyer-approved document is ready

... or download your Notice of Noncompliance as a  PDF file

What Is a Notice of Noncompliance?

A notice of noncompliance is a written warning that the tenant has broken the lease, with a deadline to fix the problem or move out. The form is also called a notice to comply, a notice to comply or quit, a notice to quit for non-compliance and a lease violation notice.

The notice describes the violation, points to the lease clause behind it and gives the tenant a choice. The tenant either corrects the problem by the date in the notice or gives up the rental. The notice is often the first written step before an eviction case.

A notice to comply and a notice to quit for non-compliance cover the same ground. The first name stresses the chance to fix the problem; the second stresses the end of the tenancy if the tenant does not.

When a Landlord Sends a Notice of Noncompliance

A notice of noncompliance fits a broken lease rule other than unpaid rent, such as a pet, a sublet or damage the lease forbids. Common grounds for the notice include:

  • Smoking in a non-smoking property
  • Significant damage or potentially damaging activity
  • Painting or other unapproved changes to the unit
  • A pet in a no-pets property
  • Subletting the unit without the landlord’s permission
  • Skipping yard care the lease assigns to the tenant
  • Any other breach of the written lease agreement

The notice can rest on a broken lease term or on a duty the landlord and tenant statute itself puts on the tenant. In Vermont, the notice covers a failure to comply with a material term of the rental agreement or with obligations imposed under that chapter, under 9 V.S.A. § 4467. A notice that points to a clause the tenant signed, where there is one, leaves less room for argument.

Late rent calls for a different form. A notice to pay or quit asks the tenant to pay the rent due or leave, and its deadlines differ from the ones for other lease violations.

Cure Period: Time for the Tenant to Fix the Violation

The cure period is the time the notice gives the tenant to fix the violation before the lease can end.

The cure period and the notice period are not always the same length. In Kansas, the lease ends on a date not less than 30 days after the tenant receives the notice if the breach is not remedied in 14 days, under Kan. Stat. Ann. § 58-2564. In Virginia, the lease ends no earlier than 30 days after receipt if the breach is not remedied in 21 days, under Va. Code Ann. § 55.1-1245.

When a Fix Saves the Lease

A timely fix keeps the tenancy alive in several states. In Virginia, if the breach can be remedied by repairs or the payment of damages and the tenant remedies it before the date in the notice, the rental agreement does not terminate, under Va. Code Ann. § 55.1-1245.

In South Carolina, a tenant who cannot finish the remedy within fourteen days keeps the lease if the remedy starts within the fourteen days and is pursued in good faith to completion within a reasonable time, under S.C. Code Ann. § 27-40-710.

In Montana, if the noncompliance can be remedied by repairs, the payment of damages or the landlord’s written approval, and the tenant remedies it before the date in the notice, the rental agreement does not terminate, under Mont. Code Ann. § 70-24-422.

Notice Periods for Noncompliance by State

The notice period is the least time between the notice and the end of the lease, and the table lists it for each place FormsPal’s verified state data holds a lease violation rule for, with the statute.

Use the table as a starting point. Read the statute or your state page before you set a date in the notice.

State Notice period and time to fix Statute
AlabamaLease ends no earlier than 7 business days after receipt of the notice, unless the tenant remedies the breach before the date in the noticeAla. Code § 35-9A-421
AlaskaLease ends no earlier than 10 days after service; it does not end if a breach remediable by repairs or damages is remedied before the date in the noticeAlaska Stat. § 34.03.220
ArizonaLease ends no earlier than 10 days after receipt if the breach is not remedied in 10 daysAriz. Rev. Stat. § 33-1368
ArkansasLease ends no earlier than 14 days after receipt if the noncompliance is not remedied in 14 daysArk. Code Ann. § 18-17-701(a)(1)
California3 days’ written notice, excluding Saturdays, Sundays and judicial holidays; performing the lease terms within those 3 days saves the leaseCal. Civ. Proc. Code § 1161
Colorado10 days’ written notice for a residential agreement; 3 days when the agreement is nonresidential or employer-provided housing, and 5 days when it is an exempt residential agreementColo. Rev. Stat. § 13-40-104
ConnecticutWritten notice naming the acts or omissions that make up the breach; the lease ends on a date not less than 15 days after receipt of the noticeConn. Gen. Stat. § 47a-15
DelawareIf the tenant breaches a material rule or covenant, written notice and at least 7 days to remedy the breach25 Del. C. § 5513(a)
District of ColumbiaPossession only if the tenant fails to correct the violation within 30 days after receiving the noticeD.C. Code § 42-3505.01
FloridaLease may end if the noncompliance is not corrected within 7 days from delivery of the written noticeFla. Stat. § 83.56
HawaiiWritten notice and a time not less than 10 days after receipt for the tenant to remedy the noncomplianceHaw. Rev. Stat. § 521-69
Idaho3 days’ written notice; performing the lease terms within 3 days after service saves the leaseIdaho Code § 6-303
IllinoisWhen a lease term is in default, no more than 10 days’ notice to quit is needed735 ILCS 5/9-210
IowaLease ends no earlier than 7 days after receipt if the breach is not remedied in 7 daysIowa Code § 562A.27
KansasLease ends no earlier than 30 days after receipt if the breach is not remedied in 14 daysKan. Stat. Ann. § 58-2564
KentuckyLease ends no earlier than 14 days after receipt; if the breach is not remedied in 15 days, the lease ends as the notice providesKy. Rev. Stat. § 383.660
Maryland30 days’ written notice, only where an unexpired lease for a stated term lets the landlord repossess before the term ends if the tenant breaches itMd. Code, Real Prop. § 8-402.1
MississippiLease ends no earlier than 14 days after receipt if the breach is not remedied within a reasonable time of no more than 14 daysMiss. Code Ann. § 89-8-13
Missouri10 days’ notice to vacate, only when a tenant for a term of two years or less, at will or by sufferance, breaks a condition of the written lease, assigns the lease without the landlord’s written consent or commits waste (Mo. Rev. Stat. § 441.030), or allows illegal gaming or illegal drug possession, sale or distribution on the premises (Mo. Rev. Stat. § 441.020)Mo. Rev. Stat. § 441.040
Montana14 days for a violation the statute gives no shorter period; 3 days if the noncompliance involves an unauthorized pet or unauthorized persons residing in the rental unitMont. Code Ann. § 70-24-422
NebraskaLease ends no earlier than 30 days after receipt if the breach is not remedied in 14 daysNeb. Rev. Stat. § 76-1431
NevadaWritten notice requiring performance or surrender; the tenant is unlawfully holding over if it remains uncomplied with for 5 days after serviceNev. Rev. Stat. § 40.2516
New Hampshire30 days’ notice, except where the reason is one for which the statute makes 7 days’ notice sufficientN.H. Rev. Stat. Ann. § 540:3
New JerseyFirst a written notice to cease (N.J.S.A. 2A:18-61.1); then, if the tenant continues to substantially violate the landlord’s rules or a lease covenant, one month’s notice before the action for possessionN.J.S.A. 2A:18-61.2
New MexicoLease ends no earlier than 7 days after receipt if the breach is not remedied in 7 daysN.M. Stat. Ann. § 47-8-33
North Dakota3 days’ written notice of intention to evict before proceedings, in cases under subsections 4, 5, 6 and 8 of section 47-32-01N.D.C.C. § 47-32-02
OklahomaIf the tenant’s noncompliance is material, lease ends no earlier than 15 days after receipt unless remedied within 10 daysOkla. Stat. tit. 41, § 132
OregonLease ends no earlier than 30 days after delivery; the date to fix is at least 14 days after deliveryOr. Rev. Stat. § 90.392
PennsylvaniaNotice to remove within 15 days of service, where the lease is for one year or less or for an indeterminate time68 P.S. § 250.501
Rhode IslandRemedy within 20 days of mailing; lease ends no earlier than 21 days from mailing if the tenant does not remedyR.I. Gen. Laws § 34-18-56
South CarolinaLease ends no earlier than 14 days after receipt if the breach is not remedied in 14 daysS.C. Code Ann. § 27-40-710
TennesseeLease ends if the breach is not remedied within 14 days after receipt of the noticeTenn. Code Ann. § 66-28-505
TexasAt least 3 days’ written notice to vacate before a forcible detainer suit, unless a written lease sets a shorter or longer periodTex. Prop. Code § 24.005
Utah3 calendar days’ notice requiring performance of the lease terms or surrender of the propertyUtah Code § 78B-6-802
VermontActual notice at least 30 days before the termination date, when the tenant fails to comply with a material term of the rental agreement9 V.S.A. § 4467
VirginiaLease ends no earlier than 30 days after receipt if the breach is not remedied in 21 daysVa. Code Ann. § 55.1-1245
WashingtonTenant holds over unlawfully if the lease condition remains uncomplied with for 10 days after serviceWash. Rev. Code § 59.12.030
WisconsinFor a lease of one year or less or a year-to-year tenancy, notice to remedy the default or vacate by a date at least 5 days after the notice is given; for a lease of more than one year, at least 30 days; in both cases, if the tenant fails to complyWis. Stat. § 704.17

FormsPal’s verified state data holds no lease violation notice period for the states not in the table. The state pages below cover the eviction notice forms for every state.

Template Preview
Create a Personalized Notice of Noncompliance Online

What a Notice of Noncompliance Includes

A complete notice of noncompliance lists the parties, the rental, each violation and the deadline, so the tenant knows what to fix and by when. The form covers these details:

  • The names of everyone on the lease and the address of the rental.
  • The date the lease was signed.
  • Each violation, described in plain words, with the lease clause it breaks.
  • The date by which the tenant should fix each problem or move out.
  • The date and method of delivery, with the certification of service.

Content Rules in the Statutes

Several statutes name what the notice has to say. In New Mexico, the notice specifies the acts and omissions of the breach, including the dates and specific facts, and the lease ends no earlier than 7 days after receipt if the breach is not remedied in 7 days, under N.M. Stat. Ann. § 47-8-33.

In New Hampshire, the eviction notice shall state with specificity the reason for the eviction, under N.H. Rev. Stat. Ann. § 540:3. In Maine, a notice of termination must indicate the specific ground claimed for it, under Me. Rev. Stat. tit. 14, § 6002.

In Colorado, the notice describes the property and the time when the tenancy will terminate, and the landlord or the landlord’s agent or attorney signs it, under Colo. Rev. Stat. § 13-40-107.

How to Fill Out a Notice of Noncompliance

A notice of noncompliance is filled out in four steps: pick the right notice, enter the parties, describe each violation, then set the deadline and sign.

Step 1: Choose the Right Notice

step 1 get a notice to comply or quit form preparing and serving the notice to comply

  1. Confirm that the problem is a broken lease term, not unpaid rent.
  2. Find the lease clause the tenant broke.
  3. Look up your state’s notice period in the table above or on your state page.

Step 2: Enter the Parties and the Rental

step 2 fill out the form preparing and serving the notice to comply

  1. Enter the names of everyone on the lease.
  2. Enter the full address of the rental, with the unit number.
  3. Enter the date the lease was signed.

Step 3: Describe Each Violation

notice of non compliance names and addresses

  1. Name each violation in plain words, such as “a dog kept in the unit.”
  2. Quote or cite the lease clause each violation breaks.
  3. List every violation now, or plan a separate notice for any you leave out.
  4. Write what the tenant has to do to fix each one.

notice of non compliance breach

Step 4: Set the Deadline and Sign

notice of non compliance type of breach

  1. Write the date of the notice.
  2. Count the notice period from the event the statute for your rental names (receipt, service, delivery or giving of the notice) and in the units it names (calendar days, business days, or days excluding weekends and holidays), and write the date it ends.
  3. Sign the notice as the landlord or the landlord’s agent.
  4. Leave the certification of service for the person who delivers the notice.

The certification of service is completed by whoever delivers the notice. A notice sent by certified mail uses the certification of delivery instead, and the mailing receipt shows the date it went out.

How to Serve a Notice of Noncompliance

A notice of noncompliance is served by a delivery method the state accepts, and the landlord keeps proof of that delivery.

step 3 deliver the form preparing and serving the notice to comply

  1. Check your state page for the delivery methods it accepts.
  2. Hand the notice to the tenant, or send it by a method your state names.
  3. Have the person who delivered it complete the certification of service.
  4. Keep a signed copy and any mailing receipt or photo of the delivery.
  5. Write down the date, the time and the names of the people who received it.

Delivery Methods Named in the Statutes

  • Florida: by mailing, delivering a true copy, or e-mailing under s. 83.505, or, if the tenant is absent from the premises, by leaving a copy at the residence, under Fla. Stat. § 83.56(4).
  • Illinois: by delivering a copy to the tenant, or by leaving it with a person 13 or older residing on the premises, under 735 ILCS 5/9-211.
  • New Hampshire: by any person, personally or left at the tenant’s last and usual place of abode, under N.H. Rev. Stat. Ann. § 540:5.
  • Ohio: by certified mail, return receipt requested, or by handing a written copy to the tenant in person, under Ohio Rev. Code Ann. § 1923.04.
  • Pennsylvania: personally, by leaving it at the principal building on the premises, or by posting it on the leased premises, under 68 P.S. § 250.501.
  • Washington: by delivering a copy personally, or, if the tenant is absent from the premises, by leaving a copy there with a person of suitable age and discretion and also mailing a copy to the tenant’s place of residence, under Wash. Rev. Code § 59.12.040.

Repeat Violations Within Six Months

A repeat of the same violation can shorten the notice or remove the chance to fix it in some states. These rules apply when the same act recurs after an earlier notice:

  • Iowa: if substantially the same noncompliance recurs within six months, at least seven days’ written notice, under Iowa Code § 562A.27.
  • Kentucky: if substantially the same noncompliance recurs within six months, at least 14 days’ written notice, under Ky. Rev. Stat. § 383.660.
  • Nebraska: if substantially the same noncompliance recurs within six months, at least fourteen days’ written notice naming the breach and the termination date, under Neb. Rev. Stat. § 76-1431.
  • New Mexico: if a second material noncompliance comes within six months of the first, a lease end no earlier than seven days after receipt, under N.M. Stat. Ann. § 47-8-33.
  • Alaska: if, in the absence of due care, substantially the same noncompliance recurs within six months, at least five days’ written notice to quit, under Alaska Stat. § 34.03.220.
  • Kansas: when the breach repeats, a lease end no earlier than 30 days after receipt, without the opportunity to remedy, under Kan. Stat. Ann. § 58-2564.
  • Oregon: when the violation repeats, a termination date not less than 10 days after delivery and no earlier than the date in the earlier notice, under Or. Rev. Stat. § 90.392.

A copy of the first notice and its proof of delivery show that the earlier violation was noticed.

What Happens After the Notice Period Ends

The end of the notice period leads to one of two outcomes: the tenant fixed the violation and the lease goes on, or the tenant did not and the landlord decides on the next step.

Talk to the Tenant

step 4 speak to your tenant preparing and serving the notice to comply

A call after delivery gives the tenant a chance to ask questions. The talk can cover each violation, the fix the notice asks for and the date in the notice.

Inspect for Compliance

step 5 perform an inspection for compliance preparing and serving the notice to comply

An inspection after the deadline shows whether the tenant met the lease terms in time. The landlord, a property manager or a person with real estate power of attorney can carry it out.

  1. Inspect the unit after the date in the notice.
  2. Take dated photos of what you find.
  3. Note whether each violation was fixed.

If the Tenant Does Not Comply

After the notice period ends, the next step depends on your location, so read your state page before you act.

A notice that ends without a fix does not by itself remove the tenant. In Arizona, a landlord may not recover possession of the dwelling unit by action or otherwise, including forcible removal of the tenant or the tenant’s possessions, except in case of abandonment, surrender or as the chapter permits, under Ariz. Rev. Stat. § 33-1374.

Mistakes to Avoid When Sending the Notice

Most problems with a notice of noncompliance come from missing details or unclear wording. These habits keep the notice clear and give a better trail if the tenant disputes it later:

  • Do not use vague wording. Name the exact violation and the lease clause it breaks.
  • Do not leave out a violation. List each one on the notice.
  • Do not skip the dates. Write the date of the notice and the date the tenant should fix the problem.
  • Do not forget evidence. Keep photos, emails and written complaints that show the violation.
  • Do not use this notice for unpaid rent. Use a notice to pay or quit.
  • Do not hand over the notice without proof. Complete the certification of service and keep a copy.

Other Eviction Forms

A notice of noncompliance is one of several eviction notices, each for a different problem:

  • A lease termination letter ends a lease by mutual agreement.
  • A notice to pay or quit is for unpaid rent.
  • A notice to quit for illegal activity is for suspected criminal conduct on the property.

Standard Lease Termination Letter

A lease termination letter ends the lease when landlord and tenant both agree. Either side can ask for it, and the letter puts the agreed end date in writing.

Notice to Pay or Quit

A notice to pay or quit covers rent the tenant has not paid. The notice asks the tenant to pay the amount due by a date or leave the property without an eviction case.

Notice to Quit for Illegal Activity

A notice to quit for illegal activity covers suspected criminal conduct at the rental. The notice asks the tenant to leave, and the proof it calls for differs from place to place.

Eviction Notice Pages by State

Each state page sets out the notice forms and delivery rules for rentals in that state. Open the page for the place where the rental is located.

Frequently Asked Questions

What is a notice to comply?

A notice to comply is another name for a notice of noncompliance: a written notice that tells the tenant which lease term was broken and gives a date to fix it or move out.

How is a notice of noncompliance different from a notice to pay or quit?

A notice of noncompliance is about a broken lease term, such as a pet in a no-pets property or unapproved changes to the unit. A notice to pay or quit is about unpaid rent. Pick the form that matches the problem, and describe that problem clearly in the notice.

How long does a tenant have to fix a lease violation?

It depends on where the rental is. Check your state page to see the period that applies to your rental.

Is a seven day notice with opportunity to cure a notice of noncompliance?

Yes, it is a notice of noncompliance that gives the tenant seven days to cure; in Iowa, the lease ends no earlier than seven days after receipt if the breach is not remedied in seven days, under Iowa Code § 562A.27.

Can the notice be sent by email or text?

Email or text works only where the statute allows it. In Mississippi, the notice may go by email or text message if the party in breach has agreed in writing to be notified that way, under Miss. Code Ann. § 89-8-13. In Florida, the written notice may be e-mailed in accordance with s. 83.505, under Fla. Stat. § 83.56(4).

What should I do if my tenant fixes the problem?

Write down the date the tenant fixed it, and keep proof of the fix. A written record shows that the tenant complied, and it helps if the same problem comes up again. Good proof includes:

  • Dated photos of the repaired problem
  • Receipts for any repair work
  • A signed statement from the tenant

Should I talk to an attorney before serving the notice?

If the tenant disputes the notice, or the situation is complicated, talking to an attorney in your area is a good idea. A template gives you a clear, complete notice, but it cannot tell you how a particular dispute will turn out.

General information, not legal or tax advice.

Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.