Lease Violation Notice: Addressing Common Issues

Tenants sometimes break the rules in their lease agreement. When this happens, landlords need to take action. A lease violation notice is typically the first step. What should this notice include, and how should landlords send it?

In this article, we'll explore common lease violations and outline the key components of a violation notice. We'll demonstrate how to send the notice, as well as the correct procedures to follow. To help you get started, we've also included a sample lease violation letter that can serve as a template for your business.

We'll also discuss strategies to reduce the likelihood of lease violations to help you maintain successful landlord-tenant relationships.

Lease violations explained

When a tenant and landlord sign a lease agreement, they're creating a legally binding contract. Each side agrees to certain terms. The tenant commits to paying rent and following specific rules. These might include things like property maintenance, not throwing wild parties at 3 AM, and maybe not having pets. On the flip side, the landlord must also stick to their end of the bargain, like keeping the property in good shape.

If a tenant fails to hold up their end of the deal or just flat-out ignores the rules they agreed to, that's a broken lease agreement, which is also known as a lease violation.

Typical Lease Violations

Common lease violations can include the following:

• Unauthorized pets: Many rental agreements regulate pet ownership. Introducing animals into a property without prior authorization can breach these terms. Some landlords prohibit all animals, while some allow certain types or sizes with approval. Even temporary pet-sitting without consent can potentially conflict with the terms of the lease.
• Unsanitary conditions: Tenants must keep their rental property clean. Allowing excessive garbage to accumulate, ignoring pest problems, or letting mold grow unchecked can violate the lease. Such conditions can pose health risks and damage the property.
• Smoking indoors: Many leases forbid indoor smoking of any kind. Tenants who smoke indoors violate their lease and risk damage to the property and disturbance to neighbors. Some properties extend this ban to balconies or within a certain distance of the building.
• Noise disturbances: Excessive noise that disrupts other tenants or neighbors often breaches rental agreements. This can include loud music or frequent parties. Most contracts include "quiet enjoyment" clauses, which tenants infringe upon by creating disturbances, especially during late-night hours.
• Property damage: Tenants must maintain the rental unit in good condition. Damage beyond normal wear and tear, whether intentional or due to negligence, is typically a lease violation. Failure to promptly report necessary repairs can also fall into this category.
• Long-term guests: Many agreements limit the duration and frequency of guest visits. Allowing people not named on the contract to live in the unit for extended periods violates occupancy rules. Some leases require notification or approval for guests staying beyond a specified timeframe.
• Subletting without permission: Most rental agreements prohibit tenants from renting out their space to others without the landlord's approval. This includes short-term rentals through platforms like Airbnb. Unauthorized subletting can lead to legal complications and potential eviction proceedings. For example, Reddit user Sidlotheous shared the following story in r/Airbnb: "We rented an Airbnb apartment in a big city. After spending the day out we noticed a lease violation notice on the inside of the door. It's addressed to the owner of the unit and ‘all other occupants’ and says ‘we discovered that you are operating a short-term rental from your apartment. This violates your lease contract. Cancel all bookings immediately and remove the listing. Future violations will result in eviction.’ and also ‘Please contact owner's representative within 24 hours’.’ We contacted our host who did not seem concerned." This real-world example highlights how unauthorized subletting can affect the tenant and short-term renters or guests.
• Non-payment of rent: Failing to pay rent on time or in full is a fundamental breach of the lease agreement. Consistent late payments may result in formal warnings, penalties, or eventual termination of the lease.
• Illegal activities: Engaging in unlawful behavior within the rental property is a lease violation. This includes many actions, from drug-related offenses to operating unauthorized businesses. Such conduct jeopardizes the tenant's housing situation and may expose the landlord to legal risks.

With lease violations, there may be situations wherein you should seek legal advice, so be sure to consult with an attorney if you're unsure about your rights or responsibilities as a landlord or tenant.

What should be in a lease violation notice

For landlords who create their own lease violation notice, include the following information:

• Tenant's name: List the tenant's full name.
• Rental property address: Include the full address of your property.
• Date of the notice: Indicate the date when you are issuing the notice.
• Description of the violation: Provide a detailed description of the lease violation, referencing the specific clause in the lease agreement the tenant violated.
• Required action: Specify what the tenant needs to do to fix the violation.
• Timeframe for correction: State the number of days the tenant has to correct the violation.
• Consequences of non-compliance: Explain the potential consequences if the tenant fails to correct the violation, such as eviction.
• Contact information: Lease violation notices should include your contact details in case the tenant has any questions.

Sample lease violation letter

[Your Name]

[Your Address]

[City, State, ZIP Code]

[Email Address]

[Phone Number]

[Date]

[Tenant's Name]

[Tenant's Address]

[City, State, ZIP Code]

Dear [Tenant's Name],

Subject: Notice of Lease Violation

We are writing to inform you that you are in violation of the lease agreement for the property at [Property Address].

Refer to Section [X] of your lease agreement. You have breached this provision in the following manner:

[Describe the specific lease violation in detail. For example: "Hosting unauthorized guests for an extended period," "Keeping a pet without permission," "Failure to maintain the cleanliness of the property," etc.]

This breach is serious and requires immediate action. As outlined in your lease, you must [state the required action, e.g., "remove the unauthorized pet," "cease hosting unauthorized guests," "clean and maintain the property"] within [number] days from this notice.

Failure to resolve this may result in further action, including lease termination and eviction proceedings. It is in our mutual interest to resolve this matter promptly.

Please contact us at [phone number] or [email address] with any questions.

Thank you for your immediate attention. We trust you will address this matter promptly so we can maintain a positive relationship.

Sincerely,

[Your Name]

[Your Title or Position, if applicable]

[Your Contact Information]

‍

Sending the lease violation notice

Once you've written the lease violation notice, make sure you follow these steps for delivering it.

Check local laws

Local laws may have specific rules regarding lease violation notices. The notice period and delivery methods can vary based on the lease agreement and circumstances, so landlords should verify compliance with state and local regulations. This makes sure the tenant has time to address the issue before the landlord initiates the eviction process.

Delivery methods

Most states allow you to choose from multiple options for delivering your lease violation notice:

• Certified mail: Send the notice via certified mail with a return receipt requested. This method provides proof of delivery and stands up successfully in court. It creates a paper trail showing when you sent the notice and when the tenant received it.
• In-person delivery: Hand the notice directly to the tenant. If you choose this option, consider bringing a witness to verify the delivery and sign a confirmation statement.
• Posting on the door: Place the formal lease violation notice on the tenant's door in a visible manner. While you can quickly execute this method, courts may not always consider it legally sufficient on its own. Some jurisdictions may require you to combine this with other delivery methods for it to qualify as valid notice.

Document the delivery

Always keep a detailed record of how you delivered the lease violation notice. Retain a copy of the notice and note the date, time, and method used.

For certified mail, save the receipt and tracking information. If you post it on the door, take a photo as evidence. Documentation protects your interests and proves compliance with legal notification requirements in case you need to take legal action.

Reducing lease violations

Landlords can reduce the chances of lease violations by using Azibo's property management software. This integrated platform supports your business with the following:

Tenant screening

Vet applicants, and select the best tenant for your property with Azibo's comprehensive tenant screening. You can verify rental history, confirm employment status, and conduct credit and criminal background checks so that you have a complete applicant profile. This thorough screening process helps prevent lease violations by identifying responsible tenants with a history of honoring rental agreements.

Lease agreement

Create state-specific, legally compliant lease agreements. Customize your lease by adding relevant clauses to protect your property and meet your specific needs. This streamlined process helps you generate complete rental agreements tailored to your requirements. Clear lease agreements reduce misunderstandings and potential violations by helping tenants fully understand their obligations.

Rent collection

Simplify your rent collection process with Azibo's automated payment system. Tenants can set up recurring payments for hassle-free, on-time rent deposits. The platform supports various payment methods, including ACH transfers and credit cards, which gives tenants flexible options.

Maintenance and messaging

Tenants can submit maintenance requests through a user-friendly portal along with photo and video attachments. Property managers receive instant notifications so they can respond quickly and schedule repairs. This system helps prevent violations related to property damage or miscommunication by addressing maintenance issues quickly and providing documentation of communication between both parties.

Document storage

Securely store all tenancy-related documents, including lease agreements, payment receipts, and maintenance records, in a centralized digital location. In the event of a violation, you can quickly retrieve relevant documents and a record of all interactions and agreements.

Violation of lease letter

Lease violations are a common challenge in property management. A lease violation notice helps address issues and protect your property. When dealing with these situations, act quickly and keep detailed documentation. Always follow local and state regulations to maintain legal compliance.

You can reduce the likelihood of violations by using tenant screening practices to select responsible renters. Create detailed lease agreements that outline expectations and consequences, and maintain open communication with your tenants to address concerns before they escalate into violations.

Knowing how to address these issues allows you to protect your property rights while maintaining positive relationships with tenants. This balanced approach secures your investment and contributes to a more stable and profitable rental business.

Lease violation notice: FAQs

What happens after a lease violation in Texas?

After a lease violation in Texas, the landlord typically issues a "3-Day Notice to Cure or Quit." The tenant has three days to correct the violation or vacate the property. If the tenant fails to comply, the landlord can proceed with eviction by filing a lawsuit in court.

Can a landlord kick you out in Florida?

Yes, Florida landlords can evict you for lease violations, nonpayment of rent, or other legal reasons, but they must follow the proper legal process and provide the required notice.

What is a lease violation in California?

In California, a lease violation is any action by the tenant that violates the terms of the lease agreement, such as nonpayment of rent, unauthorized pets, or damage to the property.