Guideline 1

Table of Contents  | Guideline 2

Tenants should receive reasonable notice and an opportunity to cure before facing eviction for a lease violation. 

Commentary:

Under the residential landlord-tenant laws of most U.S. states, a landlord may not terminate a tenancy for a failure to pay rent or other ordinary lease violation without first giving notice of the breach and providing an opportunity to correct the problem before terminating the tenancy. Ensuring that tenants have a chance to cure minor lease violations rather than lose their housing over them promotes security of tenure, a key component of the right to housing as the ABA has long recognized and supported. Statutes of this kind are also consistent with common law doctrines, under which a landlord could not evict the tenant for unpaid rent without first making a demand for payment. All states should provide a right to cure with a reasonable notice period and such notice should be provided in plain language. Courts and local government should assist tenants with translation services. Tenants with limited English proficiency need all legal notices (including eviction notices) translated into a language they understand. and with resources for individuals with limited English proficiency.

In nonpayment of rent cases, typically a landlord must notify the tenant of the amount due (whether precisely or approximate) and provide a minimum number of days in which to pay. Nonpayment cure periods vary from as little as 3 to as many as 30 days, with most states providing between 3-7 days to cure. For lease violations other than nonpayment, a landlord must usually describe the violation and what must be done to correct it. Cure periods for non-financial breaches tend to be longer, often between 10-30 days and sometimes longer. Note that most states exempt certain egregious lease violations, such as violent criminal activity or willful damage to rental premises, from the right-to-cure provisions.