If a tenant violates a lease, such as being late on rent payment, the landlord can issue them a Notice of Lease Violation. This allows the tenant to make things right before resorting to a court-ordered eviction. In many states, this step is required before a landlord can serve an eviction notice.
When a tenant violates the terms of the residential lease agreement, the landlord can use a Notice of Lease Violation to officially notify them. The document cites the parts of the lease agreement breached. For example, the tenant might be late with the rent or is keeping a pet when it is explicitly disallowed.
Whatever the case may be, a Notice of Lease Violation also serves as a paper trail for the landlord before they are allowed to issue a legally enforceable notice to end the tenancy, if it comes down to that.
Depending on your state, a Notice of Lease Violation may also be known as:
A landlord uses a Notice of Lease Violation as a formal notice to a tenant of a breach of the terms of the lease agreement. Landlords can also use this document to formally request tenants to fix whatever needs fixing. The notice can serve as a precursor to, and in many cases, a prerequisite of, an eviction.
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Only the landlord should sign the notice; the tenant does not, as the document only serves to inform the tenant of the breach. By its nature, notarization is not necessary.
After signing the Notice of Lease Violation, the landlord should forward it to the tenant by the method described in the notice. The landlord should keep a copy of all such notices in their records, as the notices may have to be attached (in accordance with the state’s law) with any future eviction notice.
Some of the most common violations are:
The original lease must specifically record the expected conduct on the part of the tenant, of which any departure can be considered a violation. This is requisite to a landlord issuing a notice of lease violation of any legal standing.
Depending on the severity of the violation, landlords may send a Notice of Lease Violation only to remind tenants of a lease violation. However, this is more commonly done as a first step prior to an eviction. The number and frequency of violations may also have an effect. First-time violators are less likely to be evicted, for example.
The grace period granted a tenant to cure a violation depends on the landlord. The Notice of Lease Violation sent should clearly supply this information. Certain violations can be resolved instantly, such as complaints about loud music. For others, the tenant may have up to a month, such as to satisfy back rent.
A landlord can only issue an eviction notice if the tenant fails to remedy the violation in the allotted time.
Depending on the state, landlords may have to deliver the notice to a tenant in person. However, most states and jurisdictions allow landlords to do so by email or leave it at the tenant’s door. Check your state law or consult a landlord-tenant attorney licensed to practice in your state before sending your Notice of Lease Violation.
If you are to obtain a court-ordered eviction, you might, by state law, have to present all Notices of Lease Violation sent. This is why landlords should keep all official documents and notices.
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