30-Day Notice Form To Correct Violation Of Obligation Of Tenancy Or Vacate Page 6
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11For registered mail: If the notice was served by registered mail, write the
time and date that the tenant signed for the mail on line 4. Next check the box for
registered mail.
Time for the Tenant to Correct or Vacate: You must give the tenant at least 30
days to correct the problems or move out of the property. You must count the 30
days from the day the notice was actually given to the tenant, even if there is a
different date on the notice, and you do not count the day that you served the
notice. For example, if you give the tenant the notice on February 10, the earliest
you could file the lawsuit would be March 13.
There is one important exception to the 30-day rule. If you are issuing the notice
because the tenant pays the rent consistently or habitually late in violation of a
written lease, you may have to give the tenant extra time to pay the rent on time.
You must wait until after the first day of the rental period immediately following the
lapse of the 30-day notice, unless you give the tenant the notice exactly 30 days
before the next time the rent is due. For example, if rent is due on the first day of
the month, and you serve the notice on February 10, the earliest the lawsuit could
be filed would be April 2.
Filing a Lawsuit: You may file a Complaint in the Landlord and Tenant Court to
have the tenant evicted if the tenant does not correct the violations or move out of
the property within the time allowed by the notice.
If the tenant corrects the violations during the time allowed by the notice, then you
cannot file a Complaint to have the tenant evicted. If the tenant starts violating the
lease again in the same way, you may have to serve a new 30-day notice. You
may want to speak to a lawyer if this happens. If the tenant starts violating the
lease is a different way, you are required to serve the tenant a new 30-day notice
and give the tenant the chance to stop violating the lease.
If the tenant moves out before you file a Complaint to have the tenant evicted, you
cannot file a Complaint in the Landlord and Tenant Court. If the tenant still owes
you money for rent or other charges, you may be able file a lawsuit in Small Claims
Court or Civil Court to collect the money.
It is important to remember that it is illegal to evict tenants without using the court
process. If the tenant fails to correct the violations or move out after the 30 days,
then you must file a Complaint in the Landlord and Tenant Court to have the tenant
evicted. It is illegal to change the locks, evict the tenant yourself, or turn off the
heat, water, or other services.
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