You rented your property to a seemingly ideal tenant—only to find yourself repeatedly dealing with noise complaints, late rent, or unapproved pets.
Despite several attempts to resolve these issues amicably, the problems persist. Now, you may need to send a notice of lease violation.
So, how do you write a straightforward notice that protects your rights and gives the tenant an opportunity to change their behavior?
In this article, we walk you through drafting a notice of lease violation and give you a free template to make the job easier. We’ll also share tips for factors to consider before sending the notice and options to pursue if the tenant continues to ignore their lease obligations.
How to write a notice of lease violation
A well-written notice of lease violation safeguards your property rights while allowing your tenants an opportunity to correct their actions.
Setting the right tone and structure encourages tenants to change their behavior while potentially avoiding the need to pursue further action.
Here’s a step-by-step guide to help you write a notice of lease violation to your tenant:
- Review the lease agreement: Start by thoroughly reviewing the lease agreement to pinpoint the specific clauses that have been violated.
- Gather evidence: Collect any documentation or proof supporting the violation. This evidence could include dated photographs, correspondence, or reports from other tenants. Having concrete proof strengthens your position if the issue escalates.
- Start with a clear heading: Begin your notice with a bold and clear title, such as “Notice of Lease Violation.” This way, you immediately communicate the document’s purpose and grab the tenant’s attention.
- Include tenant and lease information: List the tenant’s full name, the property address, and the lease date.
- Specify the violation: Describe the lease violation in detail. Reference the specific clause in the lease agreement the tenant breached.
- Outline the expected resolution: Specify what actions the tenant needs to take to remedy the situation. Whether paying overdue rent, removing an unauthorized pet, or ceasing disruptive behavior, offer a clear path for compliance.
- State the consequences: Inform the tenant of the potential consequences if they don’t address the violation. These might include penalties, additional fees, or possible eviction proceedings, depending on the severity and nature of the violation.
- Set a correction deadline: Provide a specific date when the tenant must rectify the issue. This deadline creates a sense of urgency and gives the tenant a clear timeframe to resolve the problem.
- Provide contact information: Offer a way for the tenant to reach you for questions or clarification. You want to demonstrate your willingness to resolve the issue amicably and keep the communication channels open.
- Maintain a professional tone: Write the notice in a formal, respectful manner. Your goal is to resolve the issue, not to create further tension.
Sample tenant lease violation notice (free template)
Notice of Lease Violation
[Your Name/Your Company Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
To:
[Tenant’s Full Name]
[Property Address]
[City, State, ZIP Code]
Dear [Tenant’s Name],
This notice is to inform you of a violation of your lease agreement, dated [Lease Start Date].
According to our records and the evidence collected, you have breached the following clause(s) of the lease:
Violation Details:
- [Specify the clause and description of the violation, e.g., unauthorized pets on the premises as per the specific paragraph or section of the lease, such as Paragraph 5.2.]
We request that you immediately address this violation by taking the following actions:
- [Outline specific actions needed, e.g., remove unauthorized pets from the property.]
Failure to comply with the above request by [Correction Deadline Date] may result in the following consequences:
- [List potential consequences, e.g., additional fees, penalties, or initiation of eviction proceedings.]
For any questions or further clarification, please feel free to contact me at [Your Phone Number] or [Your Email Address]. We are committed to resolving this issue amicably.
Thank you in advance for your prompt attention to this matter.
Sincerely,
[Your Signature (if sending a hard copy)]
[Your Printed Name]
[Your Title/Position]
Get a free notice of lease violation template
Save yourself time. Instead of drafting a notice from scratch, download our free template here.
Our template is designed to be simple and easy to customize, helping you address lease violations quickly.
Tips for sending a notice of lease violation to tenants
- Review local laws: Be sure you understand local landlord-tenant laws regarding notice requirements before sending a notice, such as timing and the method of communication. This knowledge helps you stay compliant and avoid potential legal issues.
- Document everything: Keep a detailed record of all communications and evidence related to the violation. Documentation can be invaluable if the situation escalates or you need to demonstrate your efforts to resolve the issue fairly.
- Stay objective: Focus on the facts and avoid emotional language. Your notice should be professional and to the point, addressing the specific lease violation without personal bias.
- Think about timing: Avoid sending it too close to a holiday or weekend, which might delay your tenant’s response. Consider choosing a time when you believe the tenant is more likely to address the issue promptly.
- Be clear and concise: Ensure your notice is written clearly. Avoid jargon or complex language that could confuse the tenant. The clearer your communication, the more likely you may be to achieve a resolution.
- Anticipate questions: Prepare to answer any possible questions from the tenant and have clear, concise answers ready. This way, your tenant knows you’re open to communication and committed to resolving the issue.
- Consider a warning: Contemplate sending a preliminary warning before the official notice, as it can sometimes be helpful. A warning allows your tenant the opportunity to adjust their behavior without a formal violation notice.
What to do if tenants continue to violate the lease
Dealing with tenants who disregard lease violations can be stressful and frustrating. While you of course hope for a quick resolution, sometimes the situation doesn’t go as planned, and you must consider taking additional steps.
Cash for keys
One approach is the “cash for keys” strategy. In this scenario, you offer the tenant a financial incentive to vacate the property voluntarily. This option can be a win-win. It avoids a lengthy eviction process and helps you regain possession of your property quickly. Make sure to document the agreement in writing to protect both parties.
Mutual agreement
Another option is to negotiate a mutual agreement. This approach involves both you and your tenant agreeing on a date for them to vacate the property, typically without any financial incentive. It’s crucial to have a written agreement that outlines the terms and conditions (see here for a template). This method can be less confrontational and offers a clear plan for both parties.
Formal eviction
When other methods fail, you may need to proceed with a formal eviction. This legal process requires following specific steps and adhering to local laws. Be sure to document all communication and violations thoroughly as evidence. While eviction can be time-consuming and costly, it ultimately enforces your rights as a landlord.
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Handling lease violations can be challenging. But, with the right tools and guidance, it can be much more manageable.
One way to simplify your rental property business operations is with a tool like Stessa.
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