Notice to Comply or Vacate | Eviction

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Updated June 01, 2022

A notice to comply or vacate is delivered by a landlord when a tenant commits a lease violation (except for late rent). Once the tenant receives notice, the violation must be fixed within the State timeframe or move out of the premises.

Common Violations

By State

Table of Contents

What is a Notice to Comply or Quit?

A notice to comply or quit informs a tenant that they have violated their lease agreement for an act unrelated to rent. If the tenant does not fix (“cure”) the issue within a specific time frame (See State Laws) then they will be required to vacate and move out of the property.

Types of Non-Compliance – Examples

  • Long-term “guests” have been identified.
  • Property damage is found, which can include smoking.
  • The tenants have unauthorized animals on the property.
  • The tenant has failed to maintain the minimum upkeep of the property.
  • Multiple disturbance complaints have been filed against the tenant.
  • The tenant has subleased the property without the authorization of the landlord.
  • The maximum occupancy has exceeded the rental contract or as permittable by local housing laws.
  • The tenant has failed to follow the regulations and rules preset by the local Homeowners Association

What about Illegal Activity?

For any tenant found breaking the law the Illegal Activity Notice to Quit must be used.

How to Serve Notice (for Non-Compliance)

Below is a general guide on how a landlord should give the Notice to Comply or Quit to their tenants. It’s recommended a landlord sending notice should follow the laws and requirements in their State.

Step 1 – Download and Complete the Notice

Download: Adobe PDF, MS Word (.docx), OpenDocument

A proper Notice to Quit should identify the following information:

  • Landlord and tenant details;
  • Original lease date (for reference);
  • Notice period (see State laws);
  • A violation described, in full, and how to fix;
  • Landlord’s/Agent’s Signature; and
  • Certificate of Service to be completed by the sender.

Step 2 – Sending the Notice

It’s recommended that any eviction notice is sent via Certified Letter (with return receipt) via USPS. This will prove that someone at the residence received the letter by their signature upon delivery. Most States allow any resident of the property age 14 years and older to accept an eviction notice.

Step 3 – Speak with the Tenant

After receiving the return receipt it’s best to contact the tenant to ask about their plans for fixing the issue. When asking the tenant, also get a date to perform an inspection to ensure the tenant has complied with the demands.

Step 4 – Perform an Inspection

Whether the violation was property damage or an unwelcome guest living on the property, the landlord should perform an inspection. This should be performed after the notice period ends and the landlord has given proper notice for entry. It’s always recommended, no matter the State, to provide at least 48-hour notice.

At the inspection, the landlord can verify to see if the tenant has cured the issue. If not, the tenant will be required to vacate the premises immediately. If the tenant refuses to move out, the landlord may begin eviction proceedings.

When Does an Eviction Start?

An eviction starts the day after the notice period ends. If the tenant has not cured the violation or moved out of the property, the landlord may file a Complaint and Summons to their local housing court. Experienced managers can process an eviction themselves without an attorney.

It’s a fairly straightforward process anywhere from 30 to 120 days which commonly ends with the local Sheriff changing the keys. Once the keys are changed the tenant will have a certain time period to move their possessions or they become the property of the landlord.

State Laws (Required Notice Periods)

State Notice Period for Non-Compliance Statute
 Alabama 7 days § 35-9A-421)
 Alaska 10 days § 34.03.220(a)(2)
 Arizona 10 days § 33-1368(A)
 Arkansas 14 days § 18-60-304
 California 3 days § 1161(3)
 Colorado 10 days § 13-40-104
 Connecticut 15 days § 47a-15(a)
 Delaware 7 days § 5513
 Florida 7 days § 83.56(2)
 Georgia N/A No statute
 Hawaii 10 days § 521-72
 Idaho 3 days § 6-303(3)
 Illinois 3 days § 735 ILCS 5/9-210
 Indiana N/A No statute
 Iowa 7 days § 562A.27(1)
 Kansas *14 days *§ 58-2564
 Kentucky 15 days § 383.660(1)
 Louisiana 5 days § 4701
 Maine 7 days § 6002 & § 6025
 Maryland 30 days § 402.1(a)(1)
 Massachusetts N/A No statute
 Michigan 7 days § 600.5714
 Minnesota N/A No statute
 Mississippi 30 days § 89-8-13
 Missouri 10 days § 441.040
 Montana 14 days § 70-24-422
 Nebraska *14 days § 76-1431(1))
 Nevada *3 days *§ 40.2516
 New Hampshire 30 days § 540:3(II)
 New Jersey 30 days § 2A:18-61.2
 New Mexico  7 days § 47-8-33A
 New York  10 days § 753(4)
 North Carolina Immediate § 42-26
 North Dakota 3 days § 47-32-02
 Ohio 3 days § 1923.04
 Oklahoma 15 days § 132(B)
 Oregon 14/10 days § 90.392
 Pennsylvania N/A No statute
 Rhode Island  20 days § 34-18-36
 South Carolina 14 days § 27-40-710(a)
 South Dakota Before the end of the rental contract § 43-32-18
 Tennessee 30 days § 66-7-109
 Texas N/A No statute
 Utah 3 days § 78B-6-802
 Vermont  30 days § 4467
 Virginia *21 days *§ 55.1-1245(A)
 Washington  10 days § 59.12.030(4)
Washington D.C.  30 days § 42–3505.01(b) 
West Virginia  Immediate § 55-3A-1
 Wisconsin  Dependent on term § 704.17
 Wyoming  3 days § 1-21-1003

How to Write

Download: Adobe PDF, MS Word (.docx), OpenDocument

I. Introduction To Notice

(1) Date Of Comply Or Quit Notice. The official date that should be attached to the notice being developed should be dispensed to the area at the top of this page.

(2) Identity Of Target Tenant. This notice will only function correctly if the Tenant that must be informed of his or her choice to comply with the Landlord’s demands to uphold the current lease terms or relinquish the property is clearly identified. His or her entire name as it appears in the violated lease agreement must be documented in the initial statement. The Tenant or Tenants that are named in this statement will be the target of the demand being made. Ideally, each one will have signed a specific lease with the Landlord behind this notice that will have the conditions not being complied with in detail in its content

II. Leased Premises Information

(3) Property Address. The geographical address where the premises that must be relinquished is located should be established in this paperwork. Record this address as it was presented in the lease the concerned Tenant or Tenants have violated.

(4) Lease Start Date. The lease agreement that the targeted Tenant or Tenants have not remained in compliance with must be identified. To this end, furnish the start date recorded in the lease as the first date when its conditions and terms obligate the Tenant(s) to the space bearing the “Lease Start Date” label.

III. Non-Compliance Alert

(5) Term Of Notice. A specific number of days after the Tenant’s receipt of this notice must be reserved to give the Tenant an opportunity to comply with the demand being issued by the Landlord. Therefore, dispense the number of days’ notice after receiving this document that will be given to the Tenant as a time period when he or she must correct the noncompliance. This countdown will begin on the calendar date when the Tenant receives this notice and must comply with State regulations.

(6) Condition Of Compliance. The Tenant or Tenants must be directly informed of the behavior, actions, or damages that have violated the lease and must be corrected. Use the space provided to present the lease conditions violated by the Tenant or Tenant(s) and any actions that must be taken to correct the problem.

IV. Landlord Execution

(7) Landlord Signature. The Landlord issuing the demand for compliance must put it in action by signing his or her name. A specific area has been reserved for this purpose.

(8) Landlord’s Signature Date. The date marking when the Landlord signed this paperwork will also need to be presented by the Landlord at the time of signing. This date will need its presentation made to the Landlord’s signature area.

(9) Printed Name Of Signature Landlord. After providing the above items to this signature, the Landlord must print his or her name.

(10) Address And Contact Information Of Landlord.

Affidavit Of Service

(11) County And State Of Service Statement. The Server making sure the completed notice is delivered to the Tenant must document several facts to define the Tenant’s receipt. Before doing so some information regarding this affidavit’s execution must be presented beginning with the “County” and “State” where it is made. In some  cases, the Notary Public will seek to supply this information at the time of this document’s execution by the Notice Server.

(12) Service Statement Date. The Notice Server will also note the date when this statement is made. This must also be displayed at the top of the page.

V. Server

(13) Name Of Notice Server. The Server that processes the delivery of the notice must identify himself or herself in the first statement made by this report.

VI. Report On Recipient

(14) Defendant/Respondent/Recipient. Ideally, the Tenant or Tenants targeted by the above notice will be the Recipients however this may or may not be possible. The Notice Server must identify the Recipient who received the notice in Statement (A) of this affidavit

(15) Address/Location. The geographical location where the notice was served to the Recipient should be on display in Statement (B)  “Address/Location.”

(16) Date And Time Of Service. Now that the Recipient who has been served the notice has been identified along with the physical location where he or she received it, Statement (C) should be used to document both the “Date & Time” when the Recipient was served.

VII. Delivery Information

(17) Service By Mail. Several options are available in this affidavit to describe how the service of delivery was completed by the Server. If by mail, then the first checkbox in “III. Delivery” must be marked. Additionally, the type of mail service that was used should be indicated with a selection of one of the checkboxes options displayed. For instance, the Server may have utilized “Standard Mail” or “Certified Mail” to effect delivery or may have used a private courier service such as “FedEx,” “UPS,” or some “Other” delivery service. If the “Mail” checkbox was selected then one of the delivery methods in this selection must also be selected to indicate the type of mail service used.

(18) Direct Service. If the Notice Server was able to locate and deliver the notice directly to the Tenant or Tenants being addressed, then the checkbox labeled “Direct Service” must be marked.

(19) Someone At Residence. If the Notice Server released the notice to a Party at the home of the Tenant or Tenants but not to the targeted Tenant or Tenants it addresses, the Server must select the third checkbox and identify the Party who he or she released the notice to in the space available.

(20) Someone At Workplace. If a Person at the Tenant or Tenants workplace received the notice then the checkbox corresponding to the statement “Someone At The Workplace” should be filled in and the name of the Party who accepted the notice dispensed in the space provided.

(21) Leaving At Residence. If the notice was left at the home of the Tenant or Tenants it addresses then the fifth checkbox option must be selected and the area where it has been left, attached, and/or displayed identified where requested.

(22) Recipient Rejected Delivery. It is possible that the Server will have to report that while he or she was able to locate the intended Recipient, the notice was rejected when presented. If so, then the second to last checkbox must be selected.

(23) Other. If any other result occurred when the Notice Server attempted to complete the act of delivering the notice to the Tenant or Tenants, then the final checkbox option will need to be selected by the Server, and a detailed explanation of the service attempt’s result must be displayed.

VIII. Verification

(24) Server Signature. Upon completing the report above, the Notice Server must sign his or her name to prove that the statement made by the affidavit is true.

(25) Date Of Server Signature. The calendar date when the Notice Server submitted his or her signature must be furnished at the time of signing.

(26) Printed Name Of Acting Server. In addition to signing and dating this declaration, the Notice Server must print his or her name.