10 Days Notice to Pay Rent or Lease Terminates for Nonresidential or Commercial Property
These statutes define the procedure for Landlord to terminate
the Lease when Tenant has breached its terms, either by failure to pay
rent, or other violation of the conditions of the Lease.
Section 35-9-6
Notice to quit for breach or default of terms of lease.
When default is made in any of the terms of a lease, it shall not
be necessary to give more than 10 days' notice to quit, or of the termination
of such tenancy, and the same may be terminated on giving such notice to
quit at any time after such default in any of the terms of such lease;
which notice may be substantially in the following form:"To A. B.:You are
hereby notified that in consequence of your default in (here insert the
character of the default) of the premises now occupied by you, being (here
describe the premises), I have elected to terminate your lease, and you
are hereby notifed to quit and deliver up possession of the same to me
within 10 days of this date. Dated this _______________ day of _______________."
To be signed by the lessor or his agent; and no other notice or demand
of possession or termination of such tenancy shall be necessary to maintain
unlawful detainer.
Section 35-9-7
Service of demand or notice.
(a) Any demand may be made or notice served by delivering a written
or printed, or partly written and printed, copy thereof to the tenant,
or by leaving the same with some person above the age of 18 years, residing
on or in possession of the premises; and in case no one is in the actual
possession of said premises, then by posting the same on the premises.
(b) When any such demand is made or notice served by an officer
authorized to serve process, his return shall be prima facie evidence of
the facts therein stated, and if such demand is made or notice served by
any person not an officer, the return may be sworn to by the person serving
the same, and shall then be prima facie evidence of the facts therein stated.