Notice of Termination for Breach Affecting Health or Safety for Residential from Landlord to Tenant
Title 25, Chap. 51, § 5513 -- Landlord remedies
relating to breach of rules and covenants.
(a) If the tenant breaches any rule
or covenant which is material to the rental agreement, the landlord shall
notify the tenant of such breach in writing, and shall allow at least 7
days after such notice for remedy or correction of the breach. This section
shall not apply to late payment of rent which is covered under § 5502
of this title.
(1) Such notice shall substantially
specify the rule allegedly breached and advise the tenant that, if the
violation continues after 7 days, the landlord may terminate the rental
agreement and bring an action for summary possession. Such notice shall
also state that it is given pursuant to this section, and if the tenant
commits a substantially similar breach within 1 year, the landlord may
rely upon such notice as grounds for initiating an action for summary possession.
The issuance of a notice pursuant to this section does not establish that
the initial breach of the rental agreement actually occurred for purposes
of this section.
(2) If the tenant's breach can
be remedied by the landlord, as by cleaning, repairing, replacing a damaged
item or the like, the landlord may so remedy the tenant's breach and bill
the tenant for the actual and reasonable costs of such remedy. Such billing
shall be due and payable as additional rent, immediately upon receipt.
(3) If the tenant's breach of a rule or
covenant also constitutes a material breach of an obligation imposed upon
tenants by a municipal, county or state code, ordinance or statute, the
landlord may terminate the rental agreement and bring an action for summary
possession.
(b) When a breach by a tenant
causes or threatens to cause irreparable harm to any person or property,
or the tenant is convicted of a class A misdemeanor or felony during the
term of the tenancy which caused or threatened to cause irreparable harm
to any person or property, the landlord may, without notice, remedy the
breach and bill the tenant as provided in subsection (a) of this section;
immediately terminate the rental agreement upon notice to the tenant and
bring an action for summary possession; or do both.
(c) Upon notice to tenant, the landlord
may bring an action or proceeding for waste or for breach of contract for
damages suffered by the tenant's wilful or negligent failure to comply
with tenant's responsibilities under the preceding section. The landlord
may request a forthwith summons.