Although rental application forms help in screening potential tenants, landlords cannot keep some bad renters at bay. A tenant who violates lease arrangements or policies is unhealthy for the business as well as the property. When that happens, a landlord can send a notice to comply. It means the tenant should cure any violation of the rent agreement, or make things right within a limited time. Failure to do so will require them to vacate their units. Learn more about compliance notices and its benefits to the property business in this article. Read More
A notice to comply is also known as “compliance notice.” It is a document most businesses use to correct minor violations found during observation. It also requests additional details to identify compliance guidelines. For property business, landlords use a notice to comply form to notify tenants of any breach or non-compliance to the lease agreement, except for rent. When there are unpaid dues, landlords use notice to pay or quit forms. Moreover, the notice gives the tenant time to cure their violations within a specific timeframe. Leaving these violations unfixed can evict the tenant from their unit. Thus, they have to move out of the property immediately.
How Do You Create a Notice To Comply in Four Easy Steps?
Long-term guests, property damage, disturbance complaints, and violations of the rules and regulations are a few types of non-compliance. Any of these can be the reason to receive a notice to comply. But for major violations, such as doing illegal activities and breaching rental contracts, lessors can use an eviction notice to warn tenants about those offences. Either way, it is important to always adhere to the agreement to avoid disputes related to leasing. Here are tips to help you make compliance notices in MS Word and PDF file formats.
1. Talk with the Tenant Before Sending a Notice
Solving problems with a good tenant is worth it. If they have violated any rental policy, try to talk with them. Hearing them out helps in providing a solution to the problem. This way, both parties can converse to meet each other halfway. They can even agree not to penalize the breach. However, if the problem heightens, the lessor should send a notice to comply right away. Hence, the landlord should be familiar with the state laws of making and delivering a compliance notice because it varies per location. The statement should follow the state’s compliance requirements.
2. Provide the Lease and Tenant Information
The proper compliance notice contains the following: (1) Landlord and tenant details; (2) original lease date; (3) notice period; (4) full violation description; (5) methods to fix the breach; (6) landlord’s/agent’s signature; and (7) certificate of service. These details make the notice complete, enough to make the recipient understand it. Afterwards, the notice can be hand-delivered or sent as a certified letter through the United States Postal Service (USPS) with a return receipt. This ensures the notice to comply will reach the recipient.
3. Be Particular with the Type of Violation
Since there are several types of non-compliance, it is crucial to specify the violation(s) in the notice. To do this, define the breach accordingly. Next, identify the ways on how to cure the violations. It encourages the tenants to fix the issues as soon as they receive the notice. Furthermore, provide a month-to-month tenancy section if the lessee is renting every month. Then, include the rent’s start and end date. When the notice is received, talk with the tenant one last time and ask about their plans to fix the problem. Whether the renter complies or not, the landlord should conduct an inspection. Therefore, you should schedule the inspection date, too.
4. Conduct an Inspection Before the Eviction Process
Inspecting the rented unit is permissible after the notice period, and the lessor has provided the proper notice. This is the deciding factor whether to evict the tenant of not. No matter the state, the tenant is given at least 48-hour to comply with the complaints. During the inspection, the landlord should verify if the lessee has fixed the issue. The tenant should vacate the unit and move out of the property immediately if the problem still exists. Refusing to leave will force the property owner to pursue a legal eviction process.
When does an eviction start?
The eviction process starts at the end of the notice period. It happens if the tenant has not fixed the violation. The lessee will receive an eviction notice from the property owner, which notifies him/her to leave the unit and move out of the property. Failure to do so can cause legal intervention, and the landlord may file complaints and ask help from the local housing court. The process is straightforward, and it lasts one to three months. However, the tenant can file a counter-complaint to the lessor. Once the court’s verdict is obtained, the prevailing party can get compensation on the legal costs and property damage.
What is a notice to cure?
Generally, a notice to cure is a document used if a contractor fails to deliver progress or perform the provisions of the contract. It informs the parties involved of any failure and gives them the chance to fix it within a particular timeframe. Usually, most companies provide at least ten days. In sending the notice, there should be enough time for the contract performance period. Late notices or an expired cure period can cause the default termination of the contract.
How to evict a tenant?
Evicting a lessee without proper notice is illegal. If a landlord is to remove a tenant from their unit, it must be reasonable. There are several reasons to evict a tenant. It could be non-payment of rent, non-compliance with the agreement, or illegal activity. Any of these can make a landlord quit the rent arrangement and order the tenant to move out of their rented unit. However, the landlord should do it properly by sending an eviction notice to the tenant. The eviction notice tells the tenant the consequences of the offences and how to fix it. At the end of the eviction period, the lessee has to vacate the property if the issue remains unfixed.
There are different kinds of tenants that property owners and landlords have to deal with. Because of that, they must be prepared for any problems related to leasing. That is why a notice to comply is important. Its role is to remind the tenants to abide by the rules and regulations set out in the lease agreement. Violating these stipulations can cause immediate eviction. So, use this notice to avoid disputes and maintain a reputable leasing business all the time!