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 the non-payment of 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 to 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.
Notices By State
The following States have specified laws and forms for non-compliance:
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
Step by Step: Informing a Tenant of a Violation
1. Obtain a Notice to Quit
A proper Notice to Quit should identify the following information:
- Address and property description. For apartments or condominiums, ensure the floor and unit number are listed.
- List all tenants living on the property.
- State time and date the violate occurred, if applicable.
- Repercussions if the violation occurs at a later date.
- Provide a specified reason for the violation on the Notice to Quit.
- Detail the date and repercussions of tenancy if it’s not corrected or complied with in a timely manner and in full.
- The signature of the landlord the third party or authorized issuer that may be acting on behalf of the landlord (i.e., rental management company).
- The landlord or management may identify the appeals and grievance process available to the tenant if the tenant is in disagreement with the Notice to Quit.
2. Describe violation details and how to fix it
The violations details should be outlined on a Notice to Quit while also providing steps for the tenant to take, to rectify the situation. The violation should also be cross-referenced and identified on the Rental Agreement to provide further evidence it was a pre-agreed upon clause on the Rental Agreement. Common reasons listed on a Notice to Quit due to non-compliance are:
- 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 with the property upkeep.
- Multiple disturbance complaints have been filed against the tenant.
- The tenant has subleased the property without authorization of 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
Dependent on the state, there may be legal requirements that must be fulfilled in order to allow a tenant the rectify or cure the violations assessed.
3. Consequences if tenant fails to fix
Should the tenant fail to fulfill the outlined steps required to comply with the Notice to Quit or perform the lease conditions, the landlord may add provisions outlining that the tenant must vacate the premises or face an eviction.
4. Serving a Notice to Quit
The local tenant/landlord laws should be consulted to determine the appropriate delivery method for a Notice to Quit. Dependent on the state, some states may allow the Notice to Quit to be sent through the standard mail or first class mail, posted to the property, or it may be left at the property rented. Other states require that the Notice to Quit is delivered through a formal delivery and therefore tenant must be served. Payment to the appropriate state martial must be made in that case.
When can a Landlord start the eviction process?
If the Notice to Quit is not complied with and the tenant fails to take the appropriate requested action, the landlord will have rights to begin the eviction process. Because the requirements for eviction can vary from state and even from city to city, the local tenant/landlord laws should be reviewed or legal counsel should be consulted, prior to beginning any eviction related action.
Time Periods & Laws
- AL – 7 Days ()
- AK – 10 Days ()
- AZ – 10 Days ()
- AR – 14 Days ()
- CA – 3 Days ()
- CO – 3 Days ()
- CT – 15 Days ()
- DE – 7 Days ()
- FL – 7 Days ()
- GA – No Statute
- HI – 10 Days ()
- ID – 3 Days ()
- IL – 3 Days (§ )
- IN – No Statute
- IA – 7 Days ()
- KS* – 14 Days ()
- KY – 15 Days ()
- LA – 5 Days ()
- ME – 7 Days ( & )
- MD – 30 Days ().
- MA – No Statute
- MI – 7 Days ()
- MN – No Statute
- MS – 30 Days ()
- MO – 10 Days ()
- MT – 14 Days ()
- **NE – 14 Days ()
- ***NV– 3 Days ()
- NH – 30 Days ()
- NJ – 30 Days ()
- NM – 7 Days ()
- NY – 10 Days ()
- NC – Immediate ()
- ND – 3 Days ()
- OH – 3 Days ()
- OK – 15 Days ()
- OR – 14/10 Days ()
- PA – No Statute
- RI – 20 Days ()
- SC – 14 Days ()
- SD – Before end of term ()
- TN – 30 Days ()
- TX – No Statute
- UT – 3 Days ()
- VT – 30 Days ()
- ****VA – 21 Days ()
- WA – 10 Days ()
- WV – Immediate ()
- *****WI – Term Dependent ()
- WY – 3 Days ()
**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.
*****WI – The notice period depends on the lease term as seen on the Notice Chart provided by the Milwaukee Justice Center.