Oct 22
After reading the “5-Day, 14-Day or 28-Day, Which notice do I use?” post, AASEW Attorney Heiner Giese suggested I should have used a more visual approach. As usual Heiner was right.
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Eviction Notice Matrix
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Type of Agreement
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Problem
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Month to Month
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Lease (1 year or less)
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| Non Payment of Rent |
5-day or 14-Day |
5-Day* |
| Non Payment of Deposit, Late Fees or Other charges |
14-Day |
5-Day* |
| Violation of Rental Agreement |
14-Day |
5-Day* |
| Drug or Gang Activity Letter from Police |
5-Day Drug/Gang |
5-Day Drug/Gang |
Notes:
- If you use a lease for a specific term you must use a five day notice for the first violation during a lease period. This allows the tenant to correct the problem and stay. Now, if they subsequently violate the rental agreement during the same term you can use a 14 day that does not allow them to correct the problem and continue living there.
- If a month to month tenant doesn’t pay the rent you can simply give them a 14-Day Notice and demand they leave, without the option to pay. The choice is yours.
- Leases for more than a year requires a 30 day notice with right to cure unless otherwise stated in lease.
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According to my (old) copy of a training manual, the second violation of the rental agreement has to be SIMILIAR as the the original violation. In other words, if both violations were for noise, you can proceed, but if the first was noise and the second was having a guest stay too long, you have to start with a five-day with right to cure.
The law is 704.17(2)(b):
If within one year from the giving of any such notice, the tenant again commits waste or breaches the same or any other covenant or condition of the tenant’s lease, other than for payment of rent, the tenant’s tenancy is terminated if the landlord, prior to the tenant’s remedying the waste or breach, gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.