About the 10-Day Notice to Comply or Vacate
If a tenant does not comply with terms of the lease (other than paying rent), the landlord may seek to evict the tenant. Housing unauthorized individuals or pets, or failing to pay for utilities, are some of the more common examples of noncompliance. In these instances, a landlord can serve his or her tenant with a 10-Day Notice to Comply or Vacate, which must be carried out exactly as the law prescribes in order to be legally binding.
Keep in mind that an effective Notice will provide specific dollar figures (where applicable) a well as citations in the lease for all alleged violations.
Serving the Notice
It is critical to serve the notice in the proper manner, or it may be dismissed. The notice can be delivered in one of three ways:
1) In person to the tenant(s)
2) In person to someone sufficiently mature to understand the importance of the
document and via mail to the tenant(s)
3) By affixing it in a clearly visible place, e.g. the front door, and mailing it to the tenant
Remember, knock first. A noticed should not be served in the third manner unless the landlord has established that no suitable individual is on hand.
Additionally, If there are multiple tenants on the lease, each one must receive an identical copy (i.e. a copy bearing all tenants’ names). If mailing multiple copies, send each one separately.
