There are a variety of reasons you might need to send a notice to a tenant. The reasons range from nonpayment of rent to upcoming repair work. If you do find you have to send or deliver a notice, it’s a good idea to send a copy via certified mail/return receipt requested through the US Postal Service, just in case you need verifiable proof. Below are the 10 most common notices you’ll likely send as a landlord.
These notice types are for reference only. It’s a good idea to check with a real estate attorney in your state to make sure any notice you send is compliant with the laws in your area.
1. Notice to Pay or Quit
This notice is sent when a tenant is late with the rent (including any grace period). This is the first step in the eviction process. Be sure to check your state laws in this instance to know how much time the renter has to pay the rent. The average is between three and 10 days, but this varies from state to state.
This letter will typically include:
- The date
- The name of the tenant
- The property address
- A reference to the lease agreement and the date it was signed
- A “pay by” date in accordance with state law
- The date range the requested payment will cover
- The option to move out (“quit and deliver up the possession of the premises.”)
- Your name and signature
2. Notice to Cure or Quit
Similar to above, the Cure or Quit notice is sent when your tenant violates the lease agreement. For example, moving in a roommate you didn’t know about or approve, or getting a pet when the lease specifies no pets are allowed. Typically, you’ll give them a time frame (i.e., 30 days) to “cure” the problem, and after that time frame, you can begin eviction proceedings.
This letter will typically include:
- The date
- The name of the tenant
- The property address
- The violation in question (be very specific)
- The section of the lease that is being violated (i.e., page 2, paragraph 5)
- How the tenant can correct the violation
- The time the tenant has to correct the situation (i.e., 30 days)
- Your name and signature
3. Unconditional Quit Notice
Unlike the two notices above, this notice doesn’t provide a time frame in which to fix the problem, and tenants are not given an option to stay. Because of the harsh nature of this notice, it isn’t allowed in every state, so be sure to check your state laws before sending one of these to your tenant. Even states that do allow this type of notice have very strict guidelines around their usage, so be sure to contact a lawyer before sending out an unconditional quit notice.
An unconditional quit notice is usually saved for extreme violations, such as illegal activity on the property or such extreme damage caused by the tenant that it cannot be remedied. This letter will inform the tenant of a move-out date, i.e., “vacate the premises by [date].”
4. Offer of Renewal
Most fixed-term leases don’t auto-renew, so you and your tenant will have to sign a renewal agreement if they intend to stay. Send the offer of renewal letter at least 60 days before the current lease ends, especially if you require them to give you 60 days’ notice if they intend to move out.
This letter may include:
- The date
- Your tenant’s name
- The property address
- A thank you (thank you for being a wonderful tenant …)
- The lease expiration date
- The offer to renew (As you know, your lease will expire on ___, and I’d like to provide you a chance to renew)
- The date you need to be notified if they intend to move out
- Your Name
- Your Signature
5. Notice of Non-Renewal
If you are not planning on offering a renewal, notify your tenants that the lease will not be renewed and provide them with a move-out date. The amount of time required for this notice varies from state to state, so be sure to review your state laws to make sure you are providing your residents with ample time to move out.
6. Notice of Rent Increase
Typically, you can’t raise the rent mid-lease, so this notice is often sent with an offer of renewal, roughly 30-60 days in advance depending on state law. This notice provides the percentage of the increase, the new rent amount, and the start date.
Be sure to consider the ramifications if you choose to raise the rent on a great tenant. If the tenant is upset by the increase and moves out, you’ll have to clean, do any updates/repairs, re-list the property, host viewings, and go through the screening process all over again. As you do this, your rental is sitting unoccupied. If you have an excellent tenant and you choose not to raise the rent every year, you can make up that difference once he does move out and a new tenant moves in.
If you decide to raise the rent and you list on Apartments.com, you will have access to free rent comparison reports. This valuable information gives you a clear understanding of the market so you can price your rental right, compare your property’s value to other similar properties, and review market conditions like the average days on the market and the average rent rates. In addition to this valuable information, your rental home will appear on all 12 of our network sites to help you reach potential renters where they’re searching. By listing on Apartments.com, you can reach millions of renters and fill your vacancy fast.
7. Notice of Entry/Intent to Enter
Most states (but not all) require a landlord to give proper notice before setting foot on the premises of an occupied rental. So even if you just want to check something in the back yard, you still have to give notice. Industry best practice is to give 24 hours’ notice, even if notice isn’t required in your state. (Be sure to check how much notice is required by your state.) No matter how you send the notice (even if it is by email or text), make sure you get a confirmation. Some states may have requirements around the delivery method, so be sure to check.
This notice can be rather informal: “If it’s convenient, I’ll be stopping by between 2 to 6 pm on Saturday, February 10 to do some routine maintenance.”
8. Notice of Intent to Dispose of Abandoned Personal Property
First, make sure the property was indeed abandoned (if it is the weekend after they moved out, for example, and there are some boxes in the garage, they may be coming back for them or they may have simply forgotten them). Once you’ve determined that the items were indeed abandoned, you’ll want to send a notice of your intent to dispose of said property.
The state laws vary wildly here. For example, in Kansas, landlords must publish the notice in the local newspaper. Other states require a letter be sent to the last known address. In some states, you must describe the property in sufficient detail for the tenant to identify it. Most states require you to store the items for a set period of time before you can sell them. Be sure to research your state laws before disposing of any items left behind by your tenant.
9. Notice of Repairs/Renovations/Outages
This notice often accompanies the Notice of Entry if someone has to enter the property to make repairs. For example, an electrician will be coming to the home to replace the electrical panel. This notice should include the date the work will take place, the work that will be done, and how long any outages are expected.
If your tenant will be without essential services like electricity, water, or heat for more than a day, consider relocating your tenant to a hotel (at your expense) until the repair is complete. Without access to essential services, a dwelling is considered uninhabitable.
10. Notice of Transfer of Ownership/Management
You’ll send this letter to your tenant if you sell the rental. A lease doesn’t automatically terminate upon the sale of the property unless specifically stated in the lease. If this isn’t in the lease agreement, then the new owner becomes the landlord for the duration of the lease. This letter will state that you have transferred ownership of the property. Give the new owner’s name and state that the new owner will contact them shortly with instructions on where to send the rent payments moving forward. This notice is also used if you switch property management companies.
Again, be sure to review your state laws. In some states, the tenant may have first right of refusal. This means you can’t offer the property to anyone else until your tenant signs a form saying they themselves don’t want to buy the property.
