Notice to Comply or Vacate

Residential Notice to Comply or Vacate

If a tenant violates a material term of the lease other than non-payment of rent the landlord may serve a Notice to Comply or Vacate (10-day notice). Examples of material breaches might include unauthorized occupants, unauthorized pets, unauthorized alterations to the rental property, and/or other non-rent violations of the rental agreement.

Note that in some situations the landlord must offer unauthorized occupants an opportunity to join the rental agreement, service or emotional support animals are not pets, and if there are warranty of habitability issues the tenant might have a legal right to make repairs and deduct from rent. Consult with a landlord-tenant lawyer in your area.

If the tenant fails to cure a Notice to Comply or Vacate the landlord may proceed with an eviction action. There is no need to serve additional notices.

If the tenant cures the Notice to Comply or Vacate, but there are four or more distinct breaches of the rental agreement resulting in four or more Notices to Comply or Vacate within 12 months the landlord may end the tenancy with a 60-day notice.

As with all predicate eviction notices the landlord must strictly comply with a myriad of state, local, and federal laws. Residential landlords are strongly encouraged to seek legal advice before serving any notices.

Commercial Notice to Comply or Vacate

Rent should be on a pay or vacate notice. Other material terms should be on a comply or vacate notice.

The material terms are defined by the lease, but the extent to which the parties may define monetary items as rent is less than clear in Washington case law. Note also that the lease terms may require more than the statutory minimum 10-day cure period. Consult with an attorney if unsure. Use this commercial Notice to Comply or Vacate form.