Know Your Notices

The objective of this article is to explain to landlords and tenants the different types of notices that a landlord may post on the door of the residence due to the tenant not following the terms of the lease.

Notice Rules

Before posting a notice you should review the rules that govern notice postings. The rules to follow when posting notices are as follows (but not limited to);

• You must name each person on the lease for the notices.
• Confirm that all information on the notice is correct; Dates, Amounts, Clauses, etc.
• Confirm with your State the number of days required per notice(s).
  TIP: Depending on the notice, weekends do not count – Confirm with State.
• Calculate all notice days based on business dates.
• Confirm with your State if they allow late fees to be listed on late notices. Confirm with the attorney if adding Late fees is considered additional rent due to the lease agreement will permit late fees to be defined as additional rent in your State.
• Confirm with your State the allowed posting methods and procedure for each notice(s).
• Confirm with your State and Local Housing Guidelines, if your tenant is subsidized, and if the Rental Assistance Agency must receive a copy of the notice(s) posted on the premises.
• Do not post a notice with the contents legible to those passing through. You may be in violation of the Fair Debt Collection Practices Act if you do.
• When you mail any notice(s) you must allow additional days for a response. Confirm with your State for the appropriate number of days permitted. These additional days can normally include weekends after the initial business days calculated. Check with your State or Attorney for confirmation.

Notices

There are different types of notices when it comes to landlord-tenant matters. The purpose of a notice is to inform the tenant that a term of the lease is not being followed whether it’s a late payment, the tenant not mowing the grass, or any other term within the lease that is not being followed.

Types of Notices:

• Late Notice – A late notice is to inform the tenant that their rent has not been paid at the date agreed upon within the lease agreement. In Florida, this notice is commonly known as a 3-Day notice as this notice allows the tenant 3 days to cure this before eviction proceedings may commence.
  TIP: Accepting partial payments after the late notice was posted waives the late notice. You will have to post a new notice with the new balance due and have to base the days on the new notice.
  TIP: The late notice allows the tenant X days to make a full payment (partial if you accept it) or allows the tenant to vacate the premises.
  TIP: You may send the tenant a text message or email stating that their notice(s) expire on X date. Upon the expiration of this notice, you may send another text stating that their notice has expired and their file has been sent to eviction. This usually lights a fire under their feet to submit payment immediately. DO NOT ASK FOR FUNDS.
• Curable Non-Compliance Notice – A Curable notice is issued to the tenant when a violation of the rental agreement has been made by the tenant. In Florida, this is commonly known as a 7-Day Notice to Cure.
  TIP: It’s important to perform inspections on the property or even drive-bys to catch any violations that may be taking place.
• Non-Curable Non-Compliance Notice – A Non-Curable notice is issued to the tenant when the tenant has no opportunity to cure the violation. In Florida, this is commonly known as a 7-Day Notice without Right to Cure. The tenant has 7 days to vacate the premises with no option to stay.
  TIP: It’s important to perform inspections on the property or even drive-bys to catch any serious violations that may be taking place.
• Notice to Vacate – A Notice to Vacate is issued to the tenant, or the tenant issues to the landlord when either party no longer determines they want to continue the rental agreement. This notice must be issued 30 days prior to rent being due. Check with your State, Attorney, and the lease agreement for further clarification.
  TIP: A Notice to Vacate and a Non-Renewal notice are usually intertwined within the same notice. They are virtually one and the same.
• Notice to Claim Security Deposit – A notice to claim the security deposit is issued to the tenant’s last known address (confirm if the tenant hasn’t sent you a forwarding address) if you intend to claim a portion or all of their security deposit. Click here to read our article on Security Deposits for further details and explanation.
• Notice of Abandonment – A notice of abandoned property is provided as many tenants may leave personal belongings behind. Follow your local abandonment laws when disposing of tenant’s personal belongings left behind.

Landlords
As a Landlord, knowing your notices and the rules that govern them is essential to the efficient management of your occupied investment properties.

Hire an attorney to do the first one on your behalf and have them walk you through it so you can better understand it and ask questions.

Property Managers
As a Property Manager, it’s imperative that you know and understand notices. As a professional, you have a fiduciary duty to your clients to perform the proper notices within the appropriate timeline.

Tenants
As a Tenant, understanding these notices can save you from receiving one or curing a notice. Receiving a notice is very serious. It’s letting you know that you’re currently in violation of some or multiple terms of the rental agreement. Figure out which term(s) you’re in violation of and do your best to cure it.

Conclusion
In summary, knowing your notices is a vital part of managing rental properties. It keeps your investment properties operating efficiently. These notices correspond to both parties that there is a violation occurring and offer a solution to the tenant if the tenant wishes to remain in the property without penalties.