If the Landlord or Property Manager is having a problem with a Residential or Commercial tenant, before starting an eviction case, a proper Eviction Notice is generally required. The decision of which notice to use can be complicated. The following is a simple guide to help decide which Eviction Notice to use. You can hire us to prepare the Eviction Notice, or you can follow the below-provided Instruction Sheet and complete the applicable Eviction Notice from the following chart. (This is not to be used as the substitute for legal advice by an attorney. Your use of the below Notices is at your own risk).
Non-Payment of Rent » Notice to Pay Rent of Vacate
Where the Lease, written or oral, requires payment of regular rent and it is not paid on time.
Non-Payment of Something Lease Deems “Rent” » Notice to Pay Rent of Vacate
Where the written lease specifically calls money due as “rent” which is not the regular rent payment due each payment period.
Non-Payment of Money other than “Rent” » Notice to Cure
Where the lease, written or oral, does not expressly deem some payment, other than the regular rent payment due each payment period, as rent such as payment for utilities, payment for parking space, payment for the security deposit that was not paid in full, or other third-party payment that the tenant should be making.
Non-Payment of Security Deposit » Notice to Cure
Where the Security Deposit was not paid in full.
Non-Payment of Utility Services » Notice to Cure
• Depending on the terms of the Lease, where a utility service payment is the requirement of the tenant, and it is not paid. Even if the Landlord makes the utility service payment and the tenant is required to pay back the Landlord, use a Notice to Cure or Vacate.
• BUT, if the utility service payment is made by the Landlord and the written Lease expressly states that such a payment by the Landlord is due back from the tenant as “rent” or “additional rent” than a Notice to Pay Rent or Vacate can be used.
Non-Payment of Parking Fees or Laundry Equipment » Notice to Cure
• Depending on the terms of the Lease, where parking fees or laundry equipment fees, or something similar to those expenses, are the requirement of the tenant to pay, and it is not paid.
• BUT, if parking fees or laundry equipment fees, or something similar to those expenses, are made by the Landlord and the written Lease expressly states that such a payment by the Landlord is due back from the tenant as “rent” or “additional rent” than a Notice to Pay Rent or Vacate can be used.
Non-Payment of Deposit to Association » Notice to Cure
Many associations require a tenant to pay a security deposit to the association. The Lease would not generally call this payment due from the tenant as “rent” or “additional rent” and should not as this money due is a security deposit and not for rent.
Non-Compliance with Lease or Rules or Appropriate Conduct » Notice to Cure
• Where the tenant, or the tenant’s guests presumably under the control of the tenant, does not comply with a term of the Lease or Rules established by the Landlord or Property Manager
• This notice also applies, generally, to other non-monetary obligations of the tenant such as taking out the garbage to the appropriate area, not being too loud or disturbing other neighboring properties, not providing documentation needed by the Landlord and required to be provided by the Tenant, the Tenant not allowing the Landlord or Property Manager access to the property, the tenant having unauthorized persons residing in the property, minor damages caused to the property which the tenant has not repaired.
• NOTE that if the tenant was provided with a Notice to Cure or Vacate and the issue in the notice is either not cured within the required time period or the tenant re-commits the same act within the year, a new notice is not required and the Landlord can proceed with an eviction.
Violation of the Law » Notice of Termination
Where the tenant commits a series act which cannot be cured. These include violations of the law such as being caught dealing illegal drugs at the property, assault or battery upon another at the property, serious damage caused to the property.
Tenant Commits a Serious Violation that Can’t be Cured » Notice of Termination
Where the tenant commits a series act which cannot be cured. These include violations of the law such as being caught dealing illegal drugs at the property, assault or battery upon another at the property, serious damage caused to the property.
Lease Period has Ended but Tenant Refuses to Vacate » Notice to Vacate Without Opportunity to Cure
Where the lease period has ended and the Landlord has not continued to collect rent.
Landlord Does Not Want to Continue Leasing to the Tenant » Notice of Non-Renewal of Lease
Where the monthly, month-to-month, annual, or other time period, Lease is going to expire, and the Landlord does not want to renew the Lease with the tenant any further.
Non-Payment of Rent » Notice to Pay Rent of Vacate
Where the Lease, written or oral, requires payment of regular rent and it is not paid on time.
Non-Payment of Something Lease Deems “Rent” » Notice to Pay Rent of Vacate
Where the written lease specifically calls money due as “rent” which is not the regular rent payment due each payment period.
Non-Payment of Security Deposit » Notice to Cure
Where the Security Deposit was not paid in full.
Non-Payment of Utility Services » Notice to Cure
• Depending on the terms of the Lease, where a utility service payment is the requirement of the tenant, and it is not paid. Even if the Landlord makes the utility service payment and the tenant is required to pay back the Landlord, use a Notice to Cure or Vacate.
• BUT, if the utility service payment is made by the Landlord and the written Lease expressly states that such a payment by the Landlord is due back from the tenant as “rent” or “additional rent” than a Notice to Pay Rent or Vacate can be used.
Non-Payment of Parking Fees or Laundry Equipment » Notice to Cure
• Depending the terms of the Lease, where parking fees or laundry equipment fees, or something similar to those expenses, are the requirement of the tenant to pay, and it is not paid.
• BUT, if parking fees or laundry equipment fees, or something similar to those expenses, are made by the Landlord and the written Lease expressly states that such a payment by the Landlord is due back from the tenant as “rent” or “additional rent”, than a Notice to Pay Rent or Vacate can be used.
Non-Payment of Deposit to Association » Notice to Cure
Many associations require a tenant to pay a security deposit to the association. The Lease would not generally call this payment due from the tenant as “rent” or “additional rent” and should not as this money due is a security deposit and not for rent.
Non-Compliance with Lease or Rules or Appropriate Conduct » Notice to Cure
• Where the tenant, or the tenant’s guests presumably under the control of the tenant, does not comply with a term of the Lease or Rules established by the Landlord or Property Manager
• This notice also applies, generally, to other non-monetary obligations of the tenant such as taking out the garbage to the appropriate area, not being too loud or disturbing other neighboring properties, not providing documentation needed by the Landlord and required to be provided by the Tenant, the Tenant not allowing the Landlord or Property Manager access to the property, the tenant having unauthorized persons residing in the property, minor damages caused to the property which the tenant has not repaired.
• NOTE that if the tenant was provided with a Notice to Cure or Vacate and the issue in the notice is either not cured within the required time period or the tenant re-commits the same act within the year, a new notice is not required and the Landlord can proceed with an eviction.
Violation of the Law » Notice of Termination
Where the tenant commits a series act which cannot be cured. These include violations of the law such as being caught dealing illegal drugs at the property, assault or battery upon another at the property, serious damage caused to the property.
Tenant Commits a Serious Violation that Can’t be Cured » Notice of Termination
Where the tenant commits a series act which cannot be cured. These include violations of the law such as being caught dealing illegal drugs at the property, assault or battery upon another at the property, serious damage caused to the property.
Lease Period has Ended but Tenant Refuses to Vacate » Notice to Vacate Without Opportunity to Cure
Where the lease period has ended and the Landlord has not continued to collect rent.
Landlord Does Not Want to Continue Leasing to the Tenant » Notice of Non-Renewal of Lease
Where the monthly, month-to-month, annual, or other time period, Lease is going to expire, and the Landlord does not want to renew the Lease with the tenant any further.