What is a Notice to Comply or Vacate?

A Notice to Comply or Vacate serves as notification to a tenant that they have violated their lease agreement through actions unrelated to rent. Failure to rectify (“cure”) the issue within a specified timeframe (as per State Laws) will necessitate their evacuation and departure from the property.

Types of Non-Compliance – Examples:

• Identification of long-term “guests.”
• Discovery of property damage, including smoking-related damage.
• Presence of unauthorized animals on the premises.
• Neglect of minimum property upkeep by the tenant.
• Receipt of multiple disturbance complaints regarding the tenant.
• Unauthorized subleasing of the property.
• Exceeding maximum occupancy as stipulated in the rental contract or local housing laws.
• Failure to adhere to regulations and rules set by the local Homeowners Association.

How to Proceed with Eviction for Non-Compliance?

Evicting a tenant for non-compliance follows a process similar to eviction for unpaid rent. However, unlike unpaid rent, proving a lease violation may not always be straightforward.

Step 1 – Gather Evidence

Evidence of the lease violation must be collected to substantiate claims in a court of law. This evidence may include photographs, witness statements, and relevant documents. While photographs can be taken from outside the residence without tenant permission, entry into the property requires adequate notice to the tenant(s), potentially allowing them time to address the issue temporarily.

Step 2 – Complete the Notice

Download and complete the notice, ensuring all fields are filled accurately. Essential information includes the tenant(s)’ names, rental address (including unit number), list of violations, steps for remedying the issues (if applicable), deadline for rectification, and signature of the landlord/property manager.

Step 3 – Delivery to Tenant

The notice must be delivered in compliance with state regulations, which may involve methods such as registered mail (provided by USPS) or posting on the tenant’s door. Correct delivery is crucial, as failure to follow the prescribed process could lead to the eviction being dismissed.

Step 4 – Allow Time for Compliance

If the notice permits remediation, the tenant(s) must address the issues within the specified timeframe. This may involve repairing damage, addressing noise complaints, removing pets or guests, or resolving other violations. If the notice is for an incurable offense, the tenant(s) must vacate the property by the designated date.

How to Draft the Notice

Step 1 – Recipient Information:

At the top of the form, enter the date of completion, names of all tenants, and the full rental unit address.

Step 2 – Description of Violation:

Clearly state the violation committed by the tenant(s), referencing the relevant section of the rental agreement.

Step 3 – Select Option 1 or Option 2:

Choose whether the violation is curable or incurable, detailing the necessary actions and deadlines accordingly.

Step 4 – Landlord / Agent Signature:

The landlord or their authorized agent must sign the form.

Step 5 – Record of Service:

Complete this section after delivering the notice, recording the method of delivery and obtaining any necessary signatures.