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Eviction Notices for Non-Compliance | Notice to Comply or Quit

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An eviction notice for a non-compliance is a document given to a tenant when they have violated a portion of their lease except for rent (if it is for late rent, use the Notice to Pay or Quit Form). A non-compliance can be described as any terms deemed as a violation of their contract such as a sound complaint, damage to the property, parking in the wrong spot, not maintaining the property (landscaping, shoveling, etc.) or any other reason.

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

  • Long-term “guests” have been identified.
  • Illegal activity has occurred on the property.
  • 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 Agreement or as allowable by the local fair housing laws.
  • The tenant has failed to follow the regulations and rules preset by the local Homeowners Association

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 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. For experienced managers, they 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)

Below are listed the required notice periods for any violation made by a tenant unrelated to rent.

*KS – The tenant has fourteen (14) days to fix the issue. If tenant does not cure the violation they have thirty (30) days to move-out.

**NE – Tenant has the right to fix the issue and remain on the premises within fourteen (14) days. If the violation is not in compliance at the end of the initial period they must vacate within thirty (30) days.

***NV – Within three (3) days of being notified the tenant has the right to cure the non-compliance and have both parties be legally bound to their rental contract. If it is not cured within the time period they must move-out within five (5) days.

****VA– Tenant has twenty-one (21) days to remedy and thirty (30) days to vacate if it has not been fixed.

*****WI – The notice period depends on the lease term as seen on the Notice Chart provided by the Milwaukee Justice Center.

Notice to Comply or Quit: Sample

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


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