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.
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:
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.
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
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
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.
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.
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
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
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
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.
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.
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.
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.
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.