A lease is a document that outlines the rules, regulations, and guidelines your tenant must follow while living on your property. It is a guidebook that helps regulate a tenant’s behavior. Once both tenant and landlord sign, it certifies their obedience to its regulations. Sometimes, however, tenants break the rules. From excessively making noise during quiet hours to forgetting to pay rent on time, tenants can knowingly and unknowingly violate their lease agreement. When this happens, landlords must send a lease violation letter.
What Is a Lease Violation?
A lease violation is any action that breaches a lease contract. Many lease contracts stipulate precisely what a renter should or should not do throughout their tenancy. These contracts outline:
- The monthly rent amount and the monthly date rent is due
- Grace periods allowed for late rent
- Fees or penalties for late rent once the grace period ends
- Amenities offered to residents and the rules for those amenities
- Pet, noise, or smoking policies
- Rules for the property
Once tenants sign a lease agreement, they are bound to its terms. If they break one of the rules, the tenants effectively violate the lease. For example, if a lease stipulates a no pet policy, yet the tenant hides a dog in their apartment, their harboring of an animal is a lease violation. Likewise, if a lease states rent is due by the first day of each month, yet the tenant does not pay, their late payment is a lease violation. If the lease prohibits a specific behavior, yet the tenant performs a prohibited action, it is a lease violation.
What Is a Lease Violation Letter?
A lease violation letter is a polite yet formal warning for a tenant to stop their lease violation. Landlords send this letter to make tenants aware of their behavior. The letter also warns tenants of the consequences that may follow if the violation continues. Generally, a lease violation letter includes:
- The address of the rental unit
- The name of the tenant(s)
- The date
- The lease violation
- The time and date the violation occurred (if applicable)
- The deadline to correct the behavior
- The consequences that may follow if the tenant’s behavior continues
Generally, lease violation letters are two paragraphs long. The first paragraph informs tenants of the problem. It should include the tenant's name, the violation, the date of the breach, and the deadline to correct the infraction. If possible, landlords should also reference the section of the lease that mentions the violation. For example, if the third paragraph of your lease agreement stipulates a no-smoking policy, landlords should cite this in the lease violation letter.
The second paragraph should outline the repercussions if the violation continues. Depending on the behavior, repercussions can range from late fees to eviction proceedings.
Landlords should always send each lease violation letter to the tenant via certified mail. This way, landlords can verify their tenant received the letter. Then, following the receipt of the letter, tenants can recognize and correct the infringement before actual consequences follow.
Lease Violation Sample Letter
Remember to use polite yet firm language when drafting your lease violation letter. Sometimes tenants mistakenly violate their lease. Using respectful, non-accusatory language can encourage tenants to correct their behavior while fostering a great landlord-tenant relationship. Use this sample as a guide to composing a courteous, formal, and succinct warning letter.
[Tenant name]
[Rental Unit Address]
[Date]
Dear [tenant name],
This letter serves to inform you, [tenant name], are in direct violation of the lease agreement section [insert section] for the following behaviors:
- [Insert lease violation]
Please cease this lease violation immediately. If the behavior is not corrected by [insert deadline to correct the behavior], further action will be taken. These actions may include [insert consequence, e.g., eviction].
Sincerely,
[Insert landlord name]
Landlords often use this template in cases unrelated to unpaid rent. These violations can include unauthorized tenants or pets, noise or smoke policy violations, etc. To ensure the tenant corrects the behavior, landlords may arrange a property inspection to check the premises for evidence after the deadline.
In unpaid rent cases, most landlords include a late fee notice in the lease violation letter. A late fee is a monetary fee charged to a tenant when they fail to pay rent on time. While most landlords extend a grace period to allow tenants time to pay their rent without consequence, grace periods are optional. Therefore, a lease violation letter can either serve as a warning the grace period is beginning or a notice to pay the late fee immediately. For the latter, each letter should instruct tenants to pay the rent amount due and the late fee amount to rectify the lease violation.
To remind their tenants of unpaid rent, use this template:
[Tenant name]
[Rental unit address]
[Date]
Dear [tenant name],
This letter serves to inform you, [tenant name], that we have not yet received your rent payment for the month of [month]. According to your lease agreement section [insert section], your monthly rent payment of [insert rent amount] is due on [insert regular due date] of each month.
Your rent amount of [rent amount due] plus a late fee amount of [late fee amount] is due immediately. Please pay the amount due and the late fee by [deadline month, date, and year].
Failure to pay rent by [deadline month, date, and year] may result in [insert consequence, e.g., eviction]. If you have already made a payment, please disregard this letter.
Regardless of the type of lease violation, landlords may terminate the lease early if a tenant fails to rectify the behavior.
What Consequence Could Follow a Lease Violation Letter?
The main consequence that follows a lease violation letter is eviction. Eviction is the forced removal of a tenant from a rental property. To successfully evict a tenant, landlords must prove they attempted to alert the tenant of the violation before acting. Thus, a lease violation letter serves two purposes. The letter helps prevent eviction by warning the tenant of the breach. However, it also serves as proof a landlord attempted to warn the tenant before moving forward with eviction. Always retain a copy of each lease violation letter you send to ensure you keep the correct documentation.
Mitigate Lease Violations by Screening Tenants with Apartments.com
The best way to tackle lease violation letters is to eradicate their need. So, how do you avoid breaches of your lease contract? Screen your tenants with Apartments.com. On our easy-to-navigate platform, review your potential renter’s criminal, credit, and rental history with the click of a button. If you need more information, easily request references from your potential tenant’s previous landlord. The best way to avoid a lease violation is to select a tenant who will respect your lease terms. Find that tenant with Apartments.com.
