Free Notice to Comply or Vacate Templates

What Is a Notice to Comply or Vacate?

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.

By State

Reasons for Notice

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:

Long-term “guests” are discovered.
Property damage.
Smoking.
Unauthorized animals on the property.
Failure to maintain property upkeep.
Loud noises leading to multiple disturbance complaints.
Subleasing without authorization.
Exceeding maximum occupancy.
Violation of Homeowners Association rules.

Eviction for non-compliance typically starts ticking the day the tenant receives it, not the day it’s issued.

How to Serve Your Notice for Non-Compliance

Step 1 – Check Local Laws and Review the Agreement

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.

Step 2 – Prepare the Notice

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.

Step 3 – Choose a Delivery Method

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:

Certified mail (with return receipt) via USPS
Email (with read receipts)
Hand delivery
Posting

Step 4 – Perform an Inspection

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 Laws for Non-Compliance Notice Periods

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	§ 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

Curable vs. Incurable Non-Compliance

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.

Tenant’s Options

Address the Issue: Correct the problem within the specified period.
Leave the Premises: Depart from the property by the date mentioned in the notification.
Engage in Discussions: Talk to the property owner to find a mutual resolution.
Get Legal Assistance: Seek advice from an attorney focused on tenant law.
Take No Action: Risk the landlord initiating legal proceedings to evict you.

Frequently Asked Questions

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.