This package contains the notices required by state law to be provided to a tenant before an eviction complaint is filed in court. The package contains a variety of notices, so that a landlord may select the one required under the circumstances involved and applicable statutory requirements. The following forms are included:
15 Day Notice of Termination of Lease - Month to Month or Periodic – Residential - This form is used by the landlord to terminate a residential lease by giving 15 days notice prior to the end of the period (for example, 15 days prior to the end of the month). "Residential" includes a house, apartment, or condo. The landlord doesn’t need a reason to terminate the lease other than a desire that the lease end. The tenant is given 15 days to vacate the premises.
5 Day Notice of Termination of At-Will Lease – Residential - This form is used by a landlord to demand payment of overdue rent from a residential tenant within 5 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment, or condo. If the tenant fails to pay within 5 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.
3 Day Notice to Pay Rent or Lease Terminates for Residential Property - This form is used by a landlord to demand payment of overdue rent from a residential tenant within 3 days from giving the notice in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment or condo. If the tenant fails to pay within 3 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.
3 Day Notice of Termination for Waste, Unlawful Business or Nuisance – Residential -
This form is used by the landlord to terminate any residential lease on 3 days notice, due to the tenant's causing or permitting any of the following on the premises: waste, unlawful business or nuisance. The tenant has no chance to cure and must vacate by the 3 day deadline.
3 Day Notice of Material Breach - 3 Days to Cure – Residential - This form is used by the landlord to notify a residential tenant of a breach of the lease, due to material non-compliance with the lease provisions. "Residential" includes a house, apartment, or condo. The specific material non-compliance is identified and the tenant is given 3 days to cure the breach or suffer termination.
Material breach is a contract law term which refers to a failure of performance under the contract which is significant enough to give the aggrieved party the right to sue for breach of contract. When there has been a material breach, the aggrieved party is also relieved of a duty of further performance under the contract. However, a minor divergence from the terms of the contract is not a material breach. A material breach is one that is significant enough to destroy the value of the contract.
