Notifying residents of lease infractions can be challenging for even the most experienced Site Manager! It is sometimes difficult to put into words what you want to say. You want to be professional, yet get your point across. Cambridge Real Estate Services has developed form letters to assist Site Managers in the communication process.
The purpose of this chapter is to provide clarification on the processes to inform residents of a violation of the lease and/or property rules.
Types of Resident Notices
There are various resident notices/letters available in the eforms program for the Site Manager’s use to notify residents of any violations of the lease or property rules. Available on eforms, these letters include:
Unauthorized Pet – Form C090
The purpose of this letter is to inform a resident of the fact that a specific pet was noted to be in their apartment. The letter notifies the resident that no animals or pets of any kind will be permitted without written consent of management. The letter offers the resident the opportunity to contact Site Management to complete a Pet Agreement and pay a pet deposit.
Unauthorized Pet-Second Notice-Form C096
The purpose of this letter is to remind the resident of the first letter received and states a specific date to remove the pet from the premises.
Notice of Unauthorized Pet-Form C097
This letter is used by those apartment communities that do not allow pets of any kind. This letter informs the resident to remove the unauthorized pet within 5 days from the date of the letter.
Air Conditioner Notice-Form C091
This letter is used to notify a resident their air conditioner remains in a specific window past October 31, as stated in the Air Conditioner Policy. The resident is informed they have ten days to remove the air conditioner.
Housekeeping Notice-Form C092
This letter is used to notify a resident of housekeeping or damage issues which were found in their apartment upon a recent visit. The letter allows the Site Manager to list the items found to be an infraction. The letter informs the resident they have ten days to remedy/address the concerns listed.
Noise Notice-Form C093
This letter is used to inform a resident of a recent complaint regarding noise disturbances and/or negative conduct emanating from either the resident’s apartment or anywhere on the property. The letter also informs the resident of the possibility of the termination of their tenancy should future disturbances occur.
Unauthorized Resident Letter-Form C095
This letter informs the resident they are in violation of the Rental Agreement as they have an unauthorized resident in their apartment. The letter informs the resident they must cease housing the unauthorized guest or have them complete an application to be added to the Rental Agreement by a date as specific on the letter.
Late Rent Violation-Form C239
This letter informs the resident they are in violation of the Rental Agreement as they have paid rent past the grace-period. The letter also notifies the resident that in order to comply, they must routinely pay their rent in a timely manner and repeated late rent payments will lead to further action, up to and including the termination of the tenancy.
24 Hour Notice to Enter-Form C010
The purpose of this notice is to inform a resident that a representative of either management or maintenance will enter their apartment within 24 hours for maintenance/repairs, an inspection or other reason as noted on the form.
Parking Violation-Form C094
The purpose of this notice is to inform a resident they are in violation of the community’s parking regulations.
Patio Violation-Form C388
The purpose of this notice is to inform a resident they are in violation of the community’s policy regarding patios, porches, entryways and window coverings.
Three Day Notice-Form C006 (OR/ID), C081 (WA) and C198 (CA)
The purpose of these forms are to inform a resident their rent is at least 72 hours past due. The form provides a due date for the payment of rent, of three days from the effective date of the notice in order for the resident to avoid the termination of tenancy. Refer to the 72 Hour Notice section for more information.
Lease Renewal Letter-Form C215
This letter is used by Site Managers at Market/Conventional apartment communities. The letter is sent to notify residents of an upcoming lease expiration and the offer to renew for either another lease term or to maintain a month-to-month status; the letter also states a new rental amount for a lease term and for a month-to-month status.
Lease Renewal Letter—Affordable Housing-Form C235
This letter is used by Site Managers at Tax Credit communities. This letter is sent to notify residents of an upcoming lease expiration and the offer to renew for a period of twelve months; the letter also states a new rental amount.
Smoking Violation Letter-Form C470
The purpose of this form is to provided residents who fail to follow a property’s smoking policy with a written warning.
Pet Waste Removal Letter-C468
The purpose of this form is to provide residents who fail to pick up after their pets with a written warning. (NOTE: This letter is not to be sent to any resident that has either a companion or service (assistance) animal.)
Balance Owing Letter-Form C250
This letter is used by Site Managers to notify a resident of a past due balance on their account. This letter is usually issued on the 8th of the month. The Site Manager notifies the resident to pay by the 13th of the month. NOTE: The date due will change if the notice is sent after the 8th of the month.
Balance Owing Letter—Second Notice-Form C253
The letter is used by Site Managers if a resident has not responded to the Balance Owing Letter. The letter is sent on the 13th of the month (if the first notice was sent on the 8th). The Site Manager notifies the resident to pay by the 14th of the month. NOTE: The date due will change if the first notice was not sent on the 8th.
Serving notices from the Site Office
There are three methods to serve notices to your residents:
- To personally serve a member of the household on the lease and therefore at least 18 years of age; -or-
- To Post and Mail (adding 3 days); -or-
- To Mail only (adding 3 days).
It is highly encouraged to POST and MAIL all notices if personal delivery is not possible. Posting and mailing helps to address the risk that a resident may not retrieve mail on a regular basis, or may enter an apartment through a secondary entrance such as a garage, patio or rear door. When Posting a notice, place it in an envelope, write the apartment number on the front and post the envelope at eye level using painter’s tape. When mailing the notice, mail it via regular US Mail. It is not necessary to mail via Certified Mail.
NOTE: Technically, it is possible to just POST a 24 Hour Notice to Enter. However, this exception has risks, therefore, it is recommended that site personnel make every effort to post these notices in a highly visible location (or locations) at the entry (all entrances) to the apartment, and that box marked Hand-delivered is checked on the form for clarity of record keeping.
Tax Credit and Rural Development Properties
There are special forms within the eforms program to notify tax credit and rural development residents of the annual recertification of income process.
120 Day Recertification of Annual Income Notice-Form C352
This notice is the first notice of certification which is issued 120 days prior to the effective date of the resident’s annual recertification.
90 Day Recertification of Annual Income Notice-Form C350
This notice is the second notice of certification which is issued 90 days prior to the effective date of the resident’s annual recertification.
Annual Recertification-60 Day Reminder Notice-Form C351
This notice is the third notice in the certification process. The notice serves as a reminder that all residents must comply with the recertification procedure.
30 Day Notice to Recertify-Form C401
This notice informs the resident that they have failed to recertify as required by law. (This is the “For Cause” notice.)
It is critically important that all Site Managers on Tax Credit and Rural Development properties use each and every one of the above-referenced notices during the recertification process. The use of these notices on very tight time schedules will help protect your property from a compliance audit finding in the event a resident fails to recertify in a timely manner.
NOTE: Always mail early! For example: A 60 Day Reminder Notice should be mailed within 65 days. If a resident receives a 30 Day Notice to Recertify and still fails to recertify, upon the expiration of the old certification, the Site Manager should proceed to evict without further notice. This protects the property from an audit finding, which would show that the unit was not recertified in a timely manner.
A timeline example for serving the three recertification notices is below:
- Resident moves into the property on August 5, 2008.
- Recertification deadline is August 1, 2009.
- Annual Recertification of Income Notice (120 day notice) must be served on or about March 25, 2009.
- Annual Recertification of Income Notice (90 day notice) must be served on or about April 25, 2009.
- Annual Recertification 60 Day Reminder Notice (60 day notice) must be served on or about May 25, 2009.