In this day and age, with the increase of population in many parts of the world, real estate sales contract has become a much bigger business than it previously was. Many property owners are having their properties and commercial spaces either rented or leased. Due to a number of reasons, people choose to rent or lease residential properties, especially since purchasing a property can be more costly compared to renting or leasing one. Commercial lease buildings are also rented or leased by other businesses to open shops, restaurants, as well as for offices.
Sometimes, the tenant or the person or entity who is renting the property can be hard to deal with, especially for the property owner or landlord reference. Managing a property can be difficult especially since landlords often get into disagreements and problems with their tenants. Some examples include the failure of the tenant to pay his/her rental or bills, as well as the failure to follow the terms and conditions and provisions stated in the lease agreement. It is important for every landlord to understand their rights as well as their responsibilities to their tenant.
Before a landlord can evict his/her tenants, he/she needs to follow the right process to ensure that everything goes smoothly. In this article, we will be discussing the different types of tenancy notices that can be provided by the landlord to his/her tenants. You will also be able to read about the importance of sending a tenancy notice, and other important information that will be useful to you to keep you knowledgeable about these matters. Also, there are notice samples and templates of tenancy notices available for download on this page should you need to create one.
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What Exactly Is a Tenancy Notice?
A tenancy notice is a written document that is created and provided by the landlord to the tenant in order to notify them about a particular issue or concern that the landlord has. A tenancy notice also serves as a written warning to remind the tenant to settle an issue, as well as have a clear understanding about a particular request that the landlord may have. A tenancy notice can be sent by a landlord to notify the tenant that he/she is ending the tenancy, to inform them of an increase in rent, to grant access to the premises for the purpose of inspection, and to remind the tenant of an unpaid bill or rental. A tenant can also provide a 30 day notice to the landlord if he/she wants to end the tenancy.
What Is the Importance of Providing a Tenancy Notice?
As previously mentioned, a tenancy notice is not only essential for the landlord but also for the tenant. A written tenancy notice allows both parties to effectively communicate about certain issues and requests, ensuring that actions will be made after a notice is served or given. Although each party can do it through verbal communication, a written final notice is necessary, especially for legal purposes. Below, we have listed the importance of having a written tenancy notice in order for you to have a clear understanding of its importance.
The importance and purpose of providing a tenancy notice are as follows:
- A tenancy notice is important when a tenant encounters a maintenance problem with the unit that he/she is renting or leasing. For example, if a tenant’s bathroom pipe is damaged or broken, he/she has to provide a written notice to inform the landlord regarding the issue. Without a written document, there is a possibility that there will be delays since it does not meet the requirements document to legally impose a deadline to the landlord.
- A written tenancy notice is also important when a landlord wants to terminate a lease or rental. This is common when a tenant breaches the terms and conditions indicated in the agreement or contract. When this happens, the landlord must provide a tenancy notice in a timely manner. The notice also depends on the type of violation that the tenant has breached the agreement and a certain period of time should be given to allow them to fix the problem or issue.
- A notice is not only important and useful in fixing issues and problems but is essential if the tenant needs to notify the landlord that he/she wants to renew the lease or rent of the said property. Sending out a notice beforehand is important in order for both parties to properly coordinate all the things that are needed to be done to renew the lease.
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Various Types of Notices
There are various types of tenancy notices that both a landlord and a tenant can use. These notices can be used depending on the purpose. Using the appropriate tenancy notice is important to ensure that all the information request needed and the format of the document is accurate. Also, you can either personally send it to the person or send it through the mail.
Here are the different types of tenancy notices:
Notice to Pay or Quit
This type of payment notice can be used in cases where the tenant fails to pay the rent for a certain period of time. Before a landlord can evict a tenant, he/she must first notify the tenant by sending a warning notice. Inform the tenant that he/she has to pay the rent, including the total amount that he/she has to pay. Failing to pay the amount at the indicated date will result in the termination of the lease agreement, then you have the power to remove the tenant from the premises. Before doing so, you have to give an eviction notice as this will allow the tenant to have some time to prepare and look for another place. It is also important for the landlord to remember that he/she is not allowed to change the locks of the rented unit as well as cut off the utilities such as the electricity or the water supply. As a landlord, it is important that you follow the formal process of evicting your tenant/s.
Notice to Cure or Quit
This type of notice is used when a tenant violates a particular clause or provision that is indicated in the sample agreement. The best thing that a landlord can do is to send out a notice to cure or quit. This means that the landlord is giving the tenant a number of days to fix the issue or violation before the lease agreement is terminated.
Some examples of the most common lease violations are as follows:
- When a tenant performs an unapproved renovation or alteration of the items in the said property, especially when it can cause damage to the unit.
- Unauthorized roommates or individuals living with the tenant eviction notice without the permission of the landlord.
- Having pets in the unit, especially when the agreement indicates that pets are not allowed to be kept in the unit or property.
After you send a notice to the tenant, and he/she fixes the problem or issue, the lease cannot be terminated since the tenant has already remedied the violation.
Unconditional Quit Notice
Unlike the previous notices that we have discussed, which indicates that the landlord should provide a certain number of days for the tenant to fix the violation, an unconditional quit notice means that the tenant cannot stay in the property even if the violation is fixed. These situations can happen especially when the tenant has caused major damage to the property that he/she is renting, is performing illegal transactions in the property, fails to pay the rent for more than a month, or has constantly violated the agreement.
Offer of Renewal
Since leases indicate a start and end date, this means that the agreement doesn’t automatically renew when the lease ends. Either a tenant or the landlord can provide an offer for renewal notice in order to renew the lease. Both parties will have to sign a lease renewal agreement before the tenancy is allowed to continue.
Notice of Non-Renewal
There are instances when a tenant or a landlord prefers not to renew the lease, this type of document can be used to notify the other party that he/she will not be renewing the lease agreement.
Notice of Rent Increase
The increase of rent can happen especially when there is inflation. When you plan on increasing the rent of the property, it is essential that you send out a rent increase notice beforehand. This will allow the tenant to decide whether he/she wants to stay in the property. Sending one in advance will give tenants enough time to vacate the unit should he/she decide not to stay.
Notice of Entry
Even if you own the property that the tenant is currently renting, you are not allowed to enter the premises or the unit without properly notifying the tenant. Since there are times wherein a landlord may need to conduct an inspection report of the property for whatever purpose, sending a notice of entry at least 24 hours before you plan on entering the property is important.
Notice of Repairs/Renovations
A notice of repairs is commonly sent out with a notice of entry. It is important for the landlord to inform the tenant that certain repairs or renovations will be made on the property or unit. Specifically indicate the type of repairs that are needed to be done on the property contract in order for the tenant to have a clear idea about it.
Notice of Transfer of Ownership
A transfer agreement of ownership can happen if the landlord or the property owner has sold the property to a buyer or investor. In this case, the lease is usually transferred to the new owner of the property until the lease agreement expires. Sometimes new owners prefer not to handle tenants, which is why they hire a separate property management proposal company to handle the transactions between the owner and the tenants. Properly informing or notifying the tenant that the property has been sold is important in order to prevent any problems in the future.
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