Free Notice of Noncompliance

Most of the time you won’t need to worry about your tenants as a landlord. Most people are motivated to stay in their homes and are willing to listen to the terms of their lease to make that easier. But sometimes, landlords need to intervene to enforce the terms of their lease or start a legal process to force compliance or move toward an eviction.

These letters are one of the best options landlords have to make sure their tenants take care of the property and to prevent ay future violation. This article will go over everything you need to use a notice to comply or quit, including when it’s useful and how to fill out and deliver the notice.

What is a Notice of Non-Compliance?

A notice of noncompliance is another term for a notice to comply. Essentially, these types of eviction notice template inform your tenant that they have violated the terms of their lease, outlines the violations, and ask that they either comply with the terms of the lease or leave of their own accord.

State laws mandate that tenants be given some time to either comply with the lease or leave the property. Each state law has a different timeline, and you are required to provide at least that much time, usually at least 3-5 days.

Also known as tenant violation notices, there are many reasons a landlord might want to issue one of these notices for the premises under their care:

  • Smoking in a Non-Smoking Property
  • Significant Damage or Potentially Damaging Activity
  • Painting or other unapproved modifications to the premises
  • Pets in a no-pets property
  • Failure to perform necessary yard maintenance
  • Any other violation of your written lease agreement

Some states have specific rules about the requirements included in any lease, so you must make sure you are compliant with those requirements before issuing a notice to comply.

It’s worth noting that this usually isn’t the form used if your tenant is behind on rent, there are other forms that allow you to collect rent within a set period, or ask that your tenant vacate the property if they are unable to pay.

Notice Periods Laws for Noncompliance by State

STATE NOTICE PERIODS STATE LAW
Alabama Seven Days Alabama Code, Section 35-9A-421
Alaska 10 Days Alaska Statutes, Section 34.03.220
Arizona 10 Days Arizona Revised Statutes, Section 33-1368
Arkansas 14 Days Arkansas Annotated Code, Section 18-60-304
California Three Days California Code of Civil Procedure, Section 1161
Colorado 10 Days Colorado Revised Statutes, Section 13-40-104
Connecticut 15 Days Connecticut Revised Statutes, Chapter 830, Section 47a-15a
Delaware Seven Days Delaware Code, Title 25, Section 5513
Florida Seven Days Florida Statutes, Section 83.56
Georgia N/A No Statute
Hawaii 10 Days Hawaii Revised Statutes, Section 521-72
Idaho Three Days Idaho Statutes, Section 6-303
Illinois Three Days Illinois Compiled Statutes, Chapter 735, Section 5/9-210
Indiana N/A No Statute
Iowa Seven Days Iowa Code, Section 562A.27
Kansas 14 Days* Kansas Statute, Section 58-2564
Kentucky 15 Days Kentucky Revised Statutes, Section 383.660
Louisiana Five Days Louisiana Code of Civil Procedure, Article 4701
Maine Seven Days Maine Revised Statutes, Title 14, Sections 6002 and 6025
Maryland 30 Days Maryland Annotated Code, Section 8-402.1
Massachusetts N/A No Statute
Michigan Seven Days Michigan Compiled Laws, Section 600.5714
Minnesota N/A No Statute
Mississippi 30 Days Mississippi Annotated Code, Section 89-8-13
Missouri 10 Days Missouri Revised Statutes, Section 441.040
Montana 14 Days Montana Annotated Code, Section 70-24-422
Nebraska 14 Days* Nebraska Revised Statutes, Section 76-1431
Nevada Three Days** Nevada Revised Statutes, Section 40.2516
New Hampshire 30 Days New Hampshire Revised Statutes, Section 540:3
New Jersey 30 Days New Jersey Statutes, Section 2A:18-61.2
New Mexico Seven Days New Mexico Annotated Statutes, Section 47-8-33
New York 10 Days New York Consolidated Laws, RPA Section 753
North Carolina Immediate North Carolina General Statutes, Section 42-26
North Dakota Three Days North Dakota Century Code, Section 47-32-02
Ohio Three Days Ohio Revised Code, Section 1923.04
Oklahoma 15 Days Oklahoma Statutes, Section 41-132
Oregon 10 / 14 Days Oregon Revised Statutes, Section 90.392
Pennsylvania N/A No Statute
Rhode Island 20 Days Rhode Island General Laws, Section 34-18-36
South Carolina 14 Days South Carolina Code of Laws, Section 27-40-710
South Dakota Before End of a Term South Dakota Codified Laws, Section 43-32-18
Tennessee 30 Days Tennessee Code Annotated, Section 66-7-109
Texas N/A No Statute
Utah Three Days Utah Code, Section 78B-6-802
Vermont 30 Days Vermont Statutes, Title 9, Section 4467
Virginia 21 Days* Virginia Code, Section 55.1-1245
Washington 10 Days Washington Revised Code, Section 59.12.030
West Virginia Immediate West Virginia Code, Section 55-3A-1
Wisconsin Depends on a Lease Term Wisconsin Statutes and Annotations, Section 704.17
Wyoming Three Days Wyoming Statutes, Section 1-21-1003

*if tenant doesn’t cure the violation within the specified period, they have 30 days to move out **if tenant doesn’t cure the violation, they must move out within 5 days

Template Preview
Download your fillable Notice of Noncompliance template in PDF.

Preparing and Serving the Notice

A non-compliance notice can be useful for protecting your property and may be one of the first steps toward eviction notices if your tenant remains non-compliant. Because these notices are so legally important, it’s also important to make sure all the details are correct.

Step 1: Get a Notice to Comply or Quit Form

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

The first step as a landlord who needs to send notice is to get the appropriate form. You can generally find free versions of notice to comply forms online, and the free versions are often the most cost-effective option. Especially for landlords who only have one or two properties they need to manage.

Of course, if you are uncertain about local law, you can also contact an attorney to make sure the form is compliant with all laws and customized to your situation.

Step 2: Fill Out the Form

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

Filling out the form usually isn’t difficult. However, you do need to make sure to include all requested information.

Start by filling out your tenant’s information including the names of everyone on the lease. You are also required to fill out the address of the property. You will also need to document the date your lease was signed.

notice-of-non-compliance-names-and-addresses

After filling out the property information for the rental, you’ll need to specify the nature of the lease violation. If there are multiple violations you are required to list all of them or issue another form at a later date. It’s also important to check your lease agreement to make sure the violation was listed in the terms, not simply implied.

notice-of-non-compliance-breach

notice-of-non-compliance-type-of-breach

The last section of the form, the certification of service, should be completed by whoever delivers the form. Alternatively, you can send the form via certified mail, in which case you’ll leave the certification of service blank and use the certification of delivery instead.

Step 3: Deliver the Form

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

You can deliver the form in person, but it’s often better to send an attorney or third party to deliver the form and fill out the certification of service.

Certified mail is also considered legally valid since the recipient is required to sign for the letter.

Step 4: Speak to Your Tenant

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

After the notice has been delivered, it’s a good idea to call your tenant and talk about options and what they would like to do next. You can tell them how many days they have to be compliant or decide to vacate the premises.

This is a good opportunity to go over violations and how each violation should be addressed.

Step 5: Perform an Inspection for Compliance

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

After the notice has been served, it’s important to perform an inspection to make sure that your tenant met the terms of your agreement within the specified time. You can perform the inspection yourself or send someone else to inspect if you run a real estate company or have someone authorized with a real estate power of attorney.

If your tenant is not compliant, it’s up to you as a landlord to decide if you would like to proceed with the eviction.

Other Eviction Forms

There are other forms that are used in the eviction process in addition to comply or quit forms. These forms are used for other circumstances, and each has its own legal power.

Standard Lease Termination Letter

A standard lease termination letter is what you’ll use to end your lease agreement by mutual agreement. Your tenant has to agree to terminate the lease, but they can also ask for lease termination. It’s up to you whether to grant a lease termination agreement, but it may be a better idea than forcing a tenant to remain in a lease and hoping they continue paying.

Notice to Pay or Quit

Notices to Pay or Quit are used when your tenant has not paid their rent, usually for at least two months. This notice allows the landlord to collect back payment within a specific time frame, and it also allows the tenant an opportunity to leave the property without an eviction.

Notice to Quit for Illegal Activity

If you suspect that your tenant is engaged in illegal activity, it’s within your rights as a landlord to send a notice to quit for illegal activity. This notice asks that your tenant leave the property without forcing you to evict them, though different states may have different requirements for how much proof you need for possible illegal activity.

Published: Nov 23, 2020