An eviction notice for non-compliance is a document given to a tenant when they fail to comply with the predetermined rules for occupying a property. This may include violations such as inappropriate noise levels, failure to adhere to parking regulations, damaging the property in any way, failing to care for the property correctly, etc.
(Note that there are more reasons than the ones listed here for issuing an eviction notice for non-compliance, but not paying rent is not a reason to issue this notice. For failure to pay rent, a different form—notice to pay or quit form—would be more appropriate).
An eviction notice for non-compliance is issued by a landlord, property manager, or authorized third-party who is able to represent the landlord. The notice is issued to any tenants who have violated the rental agreement.
From a legal standpoint, once an eviction notice for non-compliance is issued, the tenant(s) have a limited number of days (varying from state to state) to comply with the notice, or the landlord may start the eviction process. Issuing the notice of eviction for non-compliance should be the first official, legal step taken to begin this process.
Eviction notice for illegal activity: This notice is issued to a tenant for illegal activity on rented/leased premises.
What an Eviction Notice for Non-Compliance Includes?
This document contains the following details:
- Name and Address of the Tenant: The name and the address of the tenant concerned are expressed explicitly on the notice. This is the one to whom the notice is targeted or addressed.
- Identity of the Property: This one refers to the specific identifications of the piece of the property concerned. If it is an apartment, this one specifies the floor level and the unit wherein the tenant resides.
- Exact Violations: Now, this forms the core of the notice. What exactly has the tenant done to warrant this notice? You have to state it explicitly to clear any doubts or allay any fears that may ordinarily arise.
- The effective date of violation: When shall the notice take effect? A good notice has to give the party concerned sufficient time to digest and internalize it. Two weeks would be suitable.
- The order of notice: Have there been any such notice before this one? If so, it has to be stated explicitly and the course of action that the tenant took or was expected to take in response to it.
- Date when the notice is drafted: The date when it is drafted has to be clearly indicated. That is because it marks the beginning of the countdown to the ultimatum of the notice.
- Landlord’s signature: Like any other document, this notice has to be signed appropriately by the landlord.
- Mode of delivery: How is the notice relayed to the tenant? This detail, alongside the date of mailing, has to be clearly stated to avoid any doubts and aid with the follow up later.
Free Eviction Notice Forms
Eviction Notice Forms (by States)
Time Periods and Laws for Eviction (by State)
How to Issue Non-Compliance Notice to the Tenant?
- Inform the Tenant of the Violation: Let the tenant(s) know what rules they have violated, and obtain an eviction notice for non-compliance. You can find a blank template to fill out on the internet, or you can make your own. The document should include the address of the property, the people living there, the date that the violation occurred, a list of the consequences that will happen if the violation occurs again, a set date for the tenants to have the violation fixed by, and a signature of the landlord or property manager.
- Outline Details of the Violation and Identify Steps to Fix it: The tenant(s) should know exactly what they have done and how they can fix the situation. Some reasons might include unauthorized guests, having pets on a pet-free property, smoking in unauthorized areas, parking violations, Homeowners Association violations, etc. It is important to identify the section of the rental agreement that has been violated.
- Identify the Consequences if Tenant(s) do not Rectify the Violation: List the specific consequences that will be enforced if the tenant(s) does not amend the problem by the date set forth in the document. This could include eviction.
- Deliver the Eviction Notice for Non-Compliance: Depending on your local laws, this notice could be carried out by mail, posting the notice on the property, or giving it to the tenant(s) in person.
How to Serve the Non-Compliance Notice?
Step I: Inspect the Premise
Start with inspecting the premise for any violations. As you inspect your premise, be sure to confirm with the lease agreement that you had entered into prior to the tenant taking up residence of the said piece of property.
Step II: Draft the notice
Move on to draft the notice. This entails the incorporation of the details we have identified and explained above. You have to use the language and the tone that is required for the letter. While at it, you should also bear in mind the prevailing laws that govern such a letter.
Step III: Describe the Violation
As you draft the notice, be sure that you describe the violation succinctly for the tenant to know about it. Refer to the precise sections of the lease agreement that highlight the violation and any consequences that naturally come about should the tenant fail to fix the issues highlighted by the notice.
Step IV: Serve the Tenant
Serve the tenant in the form and manner that is most convenient and relevant to him. Some of the methods to look up to are first-class mail, certified mail, and courier services. Alternatively, you may also hire a process server to do the job.
Step V: Make a follow-up
Lastly, you should make a follow-up. This may require making calls to the tenant to ask whether he has indeed received the notice or not. Then, the countdown will start thereafter. If he has not received it, you may have to wait for some time or contact your deliverer.
Notice to Pay or Quit VS Notice of Non-Compliance
As can be seen from above, the ‘eviction notice for a non-compliance’ handles issues that touch on the other terms that on occupancy other than the remittance of the rental dues. The ‘Pay or Quit Notice’ is however issued out when the tenant falls behind the rental payments. It usually serves as a red flag that an eviction is imminent save for the tenant clearing any outstanding rental dues.
Check the Laws in Your Area
Before attempting to give an eviction notice for non-compliance, be sure to check what the specific laws are in your area, as the information found on this website is intended only as a basic outline of the process, and laws can vary from state to state.
