Cure or Quit Notice

What is a Cure or Quit Notice?

A Cure or Quit Notice is a formal legal document issued by a landlord to a tenant, informing them of a specific violation of their lease agreement and providing a set period to either "cure" (fix) the violation or "quit" (vacate) the property. This notice is a crucial first step in the eviction process for non-monetary lease breaches or, in some jurisdictions, for non-payment of rent. It serves to give the tenant an opportunity to rectify the issue before further legal action is taken, protecting both landlord and tenant rights.

How a Cure or Quit Notice Works

When a tenant breaches a term of their lease, such as having unauthorized pets, causing excessive damage, or disturbing other tenants, the landlord can issue a Cure or Quit Notice. The notice must clearly state the specific violation, reference the relevant clause in the lease agreement, and specify the deadline for the tenant to comply. The typical cure period varies by state, often ranging from 3 to 30 days. If the tenant remedies the violation within the specified timeframe, the lease continues. If they fail to cure the violation or vacate the premises, the landlord can then proceed with an unlawful detainer lawsuit to legally evict the tenant.

Common Lease Violations

• Unauthorized pets or occupants
• Excessive noise or disturbances
• Damage to the property beyond normal wear and tear
• Subletting without permission
• Violation of property rules (e.g., parking, trash disposal)
• Failure to maintain cleanliness or upkeep as per lease terms

Step-by-Step Process for Landlords

To effectively issue a Cure or Quit Notice and protect your rights as a landlord, follow these critical steps:

1. Identify the Violation: Clearly document the specific lease breach, gathering evidence such as photos, videos, or witness statements.
2. Review Lease Agreement: Confirm the violation is explicitly covered in the lease and understand the notice requirements for your jurisdiction.
3. Draft the Notice: Prepare a formal Cure or Quit Notice, including the tenant's name, property address, detailed description of the violation, the specific lease clause violated, and the deadline for compliance (e.g., "Tenant must cure the violation within 7 days of receiving this notice").
4. Properly Serve the Notice: Deliver the notice according to state and local laws, which often require certified mail, personal service, or posting on the property. Keep proof of service.
5. Monitor Compliance: After the notice period, inspect the property or verify if the violation has been cured.
6. Take Next Steps: If the tenant cures the violation, no further action is needed. If they fail to cure or quit, proceed with filing an unlawful detainer action in court.

Real-World Example

Consider Sarah, a landlord in Arizona, who discovers her tenant, Mark, has an unauthorized dog, a clear violation of their lease agreement. Arizona law typically allows a 10-day cure period for such breaches.

• Documentation: Sarah takes photos of the dog and reviews the lease clause prohibiting pets.
• Notice Issuance: She drafts a "10-Day Notice to Cure or Quit," detailing the pet violation and stating Mark must remove the dog within 10 days or vacate.
• Service: Sarah serves Mark the notice via certified mail with a return receipt.
• Outcome:
• Scenario A (Cure): Mark removes the dog within 10 days. Sarah verifies, and the tenancy continues.
• Scenario B (Quit): Mark moves out within 10 days. Sarah regains possession.
• Scenario C (Failure to Comply): Mark neither removes the dog nor moves out. Sarah can then file an unlawful detainer action in court to begin the formal eviction process.