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:
14 Day Notice to Pay Rent or Lease Terminates for Nonresidential or Commercial Property - This form is used by a landlord to demand payment of overdue rent from a non-residential tenant within 14 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). "Non-Residential" includes commercial, industrial, etc. property. If the tenant fails to pay within 14 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.
14 Day Notice to Terminate Lease for Damage to Lease Premises ?ˆ“ Nonresidential - This form is used by the landlord to notify a non-residential tenant of a breach of the lease due to tenant's infliction of substantial damage to the premises. "Non-Residential" includes commercial, industrial, etc. property. The specific damage is identified. The tenant is given 14 days to cure or suffer further action by the landlord, including termination of the lease.
30 Day Notice to Terminate Lease Other Default or Reason ?ˆ“ Nonresidential - If there is a material noncompliance by the tenant with the rental agreement the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach, and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice. If the breach is not remedied in fourteen (14) days, the rental agreement shall terminate as provided in the notice, subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.
30 Day Notice to Terminate Month to Month Lease - Residential from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month residential lease. "Residential" includes a house, apartment or condo. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 30 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.
30 Day Notice to Terminate for Material Noncompliance with Lease - 14 Days to Cure for Residential from Landlord to Tenant - 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.
