30 day Notice to Terminate for Material Noncompliance with Lease - 14 Days to Cure for Residential from Landlord to Tenant
The statute below provides the procedure to terminate a lease
for a material non-compliance with the lease agreement. You must
provide 30 days notice to cure prior to termination.
66-28-505. Noncompliance by tenant - Failure to pay rent.
(a) Except as provided in this chapter, if there is a material
noncompliance by the tenant with the rental agreement or a noncompliance
with § 66-28-401 materially affecting health and safety, the landlord
may deliver a written notice to the tenant specifying the acts and omissions
constituting the breach, and that the rental agreement will terminate upon
a date not less than thirty (30) days after receipt of the notice. If the
breach is not remedied in fourteen (14) days, the rental agreement shall
terminate as provided in the notice, subject to the following. If the breach
is remediable by repairs or the payment of damages or otherwise and the
tenant adequately remedies the breach prior to the date specified in the
notice, the rental agreement will not terminate. If substantially the same
act or omission which constituted a prior noncompliance of which notice
was given recurs within six (6) months, the landlord may terminate the
rental agreement upon at least fourteen (14) days' written notice specifying
the breach and the date of termination of the rental agreement.
(b) If rent is unpaid when due and the tenant fails to pay, written
notice by the landlord of nonpayment is required unless otherwise specifically
waived in a written rental agreement. The rental agreement is enforceable
for collection of rent for the remaining term of the rental agreement.
(c) Except as provided in this chapter, the landlord may recover
damages and obtain injunctive relief for any noncompliance by the tenant
with the rental agreement or § 66-28-401. The landlord may recover
reasonable attorney's fees for breach of contract and nonpayment of rent
as provided in the rental agreement.
(d) The landlord may recover punitive damages for willful destruction
of property.
