Are warning notices effective if a tenant doesn’t comply with rental rules?
A warning notice, oral or written, may be appropriate for a tenant’s first time violation of a lease term or condition that is not a material default of the lease or a potential threat to neighbors or property. A tenant whose previous behaviors have never been a problem may be responsive to an oral request by the landlord to remedy the default. The landlord should document in writing the details of the landlord tenant-conversation regarding the lease violation and what the tenant must do to correct the violation.
A warning letter does not qualify as a formal termination notice. However, a written warning letter to the tenant does provide details of the tenant’s non-compliant behavior including date and time; citation of the specific lease term, condition, or rental rule that has been violated; the expected corrective action by the tenant to remedy the issue; and the consequences of failure to take corrective action for compliance.
For material violations of the lease a warning letter only serves to delay serving a formal notice to cure or quit. If a tenant has repeatedly violated terms and conditions of the lease, it is very likely a warning letter will not produce the desired change in the tenant’s behavior. If the situation involves dangerous behaviors such as criminal activity, drugs, or threats of violence, a landlord should immediately begin the termination process to end the tenancy.