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Notice to Perform or Quit

What is a Notice to Perform or Quit?
A notice to perform or quit is delivered to a tenant when he or she is in violation of the rental agreement. This form advises the tenant to perform a covenant or cure the specific breaches of the rental agreement within a certain time frame. Below, find out what a notice to perform or quit should say and what you need to know before you serve tenants with this notice.

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What a Quit Notice Letter Should Say
The quit notice letter explains that the renters are in violation of the lease. With such an important issue, it is necessary to be clear, so these forms have space for you to indicate which clause or clauses have been broken, how tenants can fix the violation, and when they must fix it.

The notice issues a time frame by which renters must fix the violation. Some states set laws that manage a specific time frame be given to the tenants, so it's critical that you check your state's laws before committing to a time frame for repair.

The notice explains that renters who do not fix the issue by the given date will face action by the landlord. You might take action to evict the renters and retake the property by issuing a formal notice to quit, or make your own repairs to the property and seek damages from the tenant to cover your costs.

This form provides you with a quick and easy way to remediate problems when something has gone wrong that can be fixed. For instance, many landlords use this form when a renter has invited an illegal subletter, adopted a pet in violation of the lease, or has failed to perform agreed-upon maintenance.

Renters who receive your form have two options: They can take action to correct the violation within the specified time frame, or they can vacate the apartment by the time frame. Thus, renters can perform the neglected maintenance, turn in the pet to the animal shelter, or leave the apartment — if that's their preference.

States often dictate the way you must serve the tenant with the form, so be sure to check whether you must deliver it in-person, mail it, have it served by a constable, post it to the apartment door, or serve it in a combination of methods. If you fail to serve this document properly, you effectively give your tenant more time to comply with the lease as the document is only enforceable when it's properly served.

Why Use American Apartment Owners Association’s Forms?

American Apartment Owners Association maintains a comprehensive library of landlord forms — including the notice to perform or quit form. Our forms could not be easier to use, and some of these forms are free to members.

Using templated forms also assures that you are being fair to all tenants.

Get access today to save time and decrease stress. Click here to order your form, so you can let tenants who have violated the lease know, and offer them a chance to rectify the issue before asking them to leave.

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