Serving Breaking of Lease Eviction Notice

 

STEPS TO TAKE 

WHEN THE TENANT IS BREAKING THE LEASE

Before you move a new tenant into your rental, you will have a lease signing session. This is very important because this gives you the chance to read the rules and regulations in the lease to the new tenant. You should have their undivided attention throughout the session. If they are not going to pay attention at this important meeting, I don’t know how they are going to follow the rules once they get the keys.

I suggest the lease to have a separate addendum which specifies the rules aside from the state statutes (criminal). These rules could include no pets/pet sitting, no parking on lawn, artificial Christmas decorations only, no swimming pools/trampolines to name a few. Good idea is to have the new tenant sign the rules and regulation document that confirms they are aware of the rules. We try and stress that we will not tolerate breaking the rules in our rental property.

 

You will serve the breaking of the lease notice to the tenant when he/she violates one of the rules and regulations stated in your lease.      

A copy is made before serving the notice and you will keep the original which will be notarized confirming your signature and date of service. I always suggest personal service and have the notice in an envelope.

The tenant has the time set forth in your state statute to cure or correct the infractions. If the tenant fails to cure within the time frame, you will head straight to the courthouse to file an eviction court case.

When filing the eviction, you will be seeking possession only. This is totally different from when you serve the quit or pay notice for the rent due and/or possession. Too many landlords have the notion that all the eviction notices are connected to obtaining a money judgment.

Any money owed will have to be sought in a separate lawsuit in Small Claims court if the tenant is evicted because of the infractions.

EXAMPLES

Alabama: 14 days to cure

Illinois: 10 days to cure

Indiana: Reasonable time to cure

Kentucky: 14 days if stated in lease, 30 days if not stated to cure

Maryland: 30 days non-curable

Michigan: Damage to property creating health hazard 7 days, lease violation 30 days

Nevada: 5 days before filing eviction, tenant has 3 days after service to comply-redeem tenancy

New Mexico: 7 days to cure but 3 days for unauthorized occupant

Tennessee: 14 days to cure and termination of lease on 30^th day after service if not cured

The tenant still has to pay the rent even after being served the breaking of lease notice. If they fail to pay the rent, you will serve the quit or pay notice for the rent due. 

The quit or pay notice will supersede the breaking of lease notice. If the tenant is breaking the rules and not paying the rent, you have no other choice but to file an Eviction case. It isn’t going to get any better just worse.

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