Termination Without Opportunity to Cure
No Second Chances
Most Landlords are very familiar with dealing with noncompliances by a Tenant. Since most noncompliances are of a curable nature, a Seven Day Notice of Noncompliance with Opportunity to Cure is given, and if the noncompliance continues after 7 days and at any time within 12 months of the notice, further steps can be taken, including possible termination. Some noncompliances are such that no opportunity to cure needs to be given to the Tenant, and the Landlord can go straight to termination. These situations are relatively rare, and extreme care must be taken when going straight to termination. Trying to terminate without the opportunity to cure in the wrong situation can result in a lost case and an attorney fee judgment against the Landlord.
Understanding When You Can Go Straight to Tenancy Termination
- Almost every noncompliance is “curable” meaning the Tenant can stop doing something they are doing or start doing something that they are supposed to do.
- If a noncompliance is curable, you MUST allow the Tenant a chance to cure even if you don’t really want to.
- You must get advice from us before you serve a 7 DAY NOTICE OF TERMINATION.
- You must be able to PROVE the noncompliance and PROVE that it is of a noncurable nature.
Examples of noncurable noncompliances include but are not limited to:
- Starting a fire or causing a flood that severely damages the property.
- Committing a serious crime on the premises.
- Intentionally and severely damaging or destroying the property.
- Assaulting the manager or Landlord.
- Giving a fraudulent check.
- Serious lies on the rental application.
- Our firm will help you decide if a noncompliance is “curable” or “noncurable”.
- Our firm will prepare the 7 DAY NOTICE OF TERMINATION for you, you will serve it and after 7 days we can file the eviction.
- Always try to get the Tenant to sign an AGREEMENT TO VACATE. This will mean that if they fail to vacate, we can evict without having to prove the noncompliance.
- You cannot ask for or accept any rent once you find out that the Tenant committed a noncurable noncompliance. Acceptance of rent forgives the Tenant’s actions.
MOST PROPERTY MANAGERS HAVE NOT DEALT WITH A NONCURABLE NONCOMPLIANCE AND FEW HAVE EVER BEEN TO COURT ON A CONTESTED CASE. LET OUR FIRM GUIDE YOU THROUGH THE PROCESS.
Watch: The Seven Day Notice of Termination
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Questions? Email us at info@evict.com or call the Law Offices of Heist, Weisse & Wolk at 1-800-253-8428.
