Residential Evictions: 7-Day Notices for Terminating Lease by Landlord for Causes other than Non-Payment of Rent

Terminating a lease for cause/lease breaches other than non-payment of rent is a little more involved than simple non-payment of rent, and this process starts with what is commonly known as the 7-Day Notice.

It is called a 7-Day notice since such notice terminates the lease for NON-CURABLE VIOLATIONS within 7 days (not included legal holidays and weekends) , and for CURABLE VIOLATIONS provides the tenant 7 days to cure the violation.

There are 2 types of 7-Day Notices, one for CURABLE  Violations and another for NON-CURABLE Violations. It is not for the landlord to decide whether to provide the tenant an opportunity to cure, it is established by statute and case law.

What is a Curable Violation?

Per statute Curable violations, include, but are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

What is a Non-Curable Violation?

Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance.

Depending on the type of Violation (Curable or Non-Curable) will dictate the form of the 7-Day Notice to be used to start your eviction process.

The Curable Violation Requires the following notice per statute 83.56(2)(b)

You are hereby notified that   (cite the noncompliance)  . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.

The Non-Curable Violation Requires the following notice per statute 83.56(2)(a),

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because   (cite the noncompliance)  .

When can you evict for a Non Compliance other than non-payment of rent?

For Curable Violations

“If such noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice pursuant to paragraph (a) or this paragraph.”

For Non-Curable Violations

“[t]he landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises.”


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