A notice to comply or vacate is a document sent to a tenant who violates the lease terms, excluding late rent payments. Upon receiving the notice, the tenant must rectify the violation within the timeframe specified by state regulations or vacate the premises. If the violation is corrected, the lease will proceed as if it had not been breached.
A notice to comply or vacate informs the tenant that they must correct the violation within a specific timeframe or vacate the premises. These violations can include:
Eviction for non-compliance typically starts ticking the day the tenant receives it, not the day it’s issued.
Thoroughly review the terms and conditions of the agreement to ensure that the other party has indeed violated its terms. Check local laws before drafting the notice to make sure it adheres to all legal standards.
Download a template in PDF or MS Word outlining the specific non-compliance issue, referencing the relevant sections of the agreement, and clearly stating the actions required to remedy the non-compliance.
It must include the landlord and tenant details, original lease date for reference purposes, notice period in accordance with state laws, a detailed description of any violations and the respective remedies, the signature of the landlord or agent, and a certificate of service to be filled out by the sender.
Choose an appropriate delivery method for the notice depending on what is stipulated in the agreement or what is legally acceptable in your jurisdiction. This could include:
Schedule a formal inspection of the property after giving the tenant proper notice. Document any evidence of non-compliance during the inspection, adhering to lease agreements and legal requirements. Assess the severity of the issue and determine next steps accordingly.
| State | Notice Period for Non-Compliance | Statute |
|---|---|---|
| Alabama | 7 days | § 35-9A-421 |
| Alaska | 10 days | § 34.03.220(a)(2) |
| Arizona | 10 days | § 33-1368(A) |
| Arkansas | 14 days | § 18-60-304 |
| California | 3 days | § 1161(3) |
| Colorado | 10 days | § 13-40-104 |
| Connecticut | 15 days | § 47a-15(a) |
| Delaware | 7 days | § 5513 |
| Florida | 7 days | § 83.56(2) |
| Georgia | Immediate | § 44-7-50 |
| Hawaii | 10 days | § 521-72 |
| Idaho | 3 days | § 6-303(3) |
| Illinois | 3 days | § 735 ILCS 5/9-210 |
| Indiana | N/A | § 32-31-7-7 |
| Iowa | 7 days | § 562A.27(1) |
| Kansas | 14/30 days | § 58-2564 |
| Kentucky | 15 days | § 383.660(1) |
| Louisiana | 5 days | § 4701 |
| Maine | 7/30 days | § 6002 & § 6025 |
| Maryland | 30 days | § 402.1(a)(1) |
| Massachusetts | N/A | § 12 |
| Michigan | 7/30 days | § 600.5714 |
| Minnesota | N/A | § 504B.285(Subd. 4) |
| Mississippi | 14 days | § 89-8-13 |
| Missouri | 10 days | § 441.040 |
| Montana | 3/14 days | § 70-24-422 |
| Nebraska | 14/30 days | § 76-1431(1) |
| Nevada | 5 days | NRS 40.254(1)(c)(1) and 40.280. |
| New Hampshire | 30 days | § 540:3(II) |
| New Jersey | 30 days | § 2A:18-61.2 |
| New Mexico | 7 days | § 47-8-33A |
| New York | 30 days | § 753(4) |
| North Carolina | Immediate | § 42-26 |
| North Dakota | 3 days | § 47-32-02 |
| Ohio | 3 days | § 1923.04 |
| Oklahoma | 15 days | § 132(B) |
| Oregon | 14/10 days | § 90.392 |
| Pennsylvania | 15/30 days | § 250.501(b) |
| Rhode Island | 20 days | § 34-18-36 |
| South Carolina | 14 days | § 27-40-710(a) |
| South Dakota | Before the end of the rental contract | § 43-32-18 |
| Tennessee | 7/14/30 days | § 66-28-505 and § 66-7-109(a)(1)(A) |
| Texas | N/A | § 24.005 |
| Utah | 3 days | § 78B-6-802 |
| Vermont | 30 days | § 4467 |
| Virginia | 21/30 days | § 55.1-1245(A) and § 55.1-1245(A) |
| Washington | 10 days | § 59.12.030(4) |
| Washington D.C. | 30 days | § 42–3505.01(b) |
| West Virginia | Immediate | § 55-3A-1 |
| Wisconsin | Dependent on term | § 704.17(2)(b) and § 704.17(3) |
| Wyoming | 3 days | § 1-21-1003 |
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Curable noncompliance refers to violations of the lease agreement that the tenant can rectify within a given timeframe, such as unpaid rent or unauthorized pets. Landlords must provide tenants with a specific period to remedy these issues, failing which eviction proceedings may commence.
Incurable noncompliance, on the other hand, involves serious violations that cannot be corrected, such as repeated disturbances, significant damage to property, or illegal activities. In these cases, tenants are typically given a notice to vacate without the option to remedy the violation.
Yes, tenants may challenge the notice if they believe it is unjustified or incorrect. They may do so by contacting the landlord to discuss the issue or through legal channels, depending on the jurisdiction.
If the tenant does not comply with the notice’s demands or vacate the property, the landlord may proceed with eviction proceedings in accordance with local laws.
Yes, some jurisdictions require specific notices for certain types of violations (e.g., nonpayment of rent, unauthorized occupants). It’s important to use the correct notice type to ensure the legality of the process
If the tenant rectifies the issue within the specified period, the landlord should acknowledge the compliance in writing and take no further action regarding eviction.
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