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3-Day Notice to Quit | Non-Curable Breach

You can serve a 3-Day Notice to Quit based on the grounds of nuisance. I let the tenant know that this notice is a tough notice to prove in court, even in the best of circumstances, without an abundance of evidence to prove the nuisance to the Judge. Also, it was even more difficult to use for a Section 8 tenant, because if the tenant were to be evicted, their Section 8 standing would be jeopardized. To use the 3-day to quit based on nuisance or other non-curable breaches, the landlord can have the neighbors complaining be willing to testify in court against said tenants (possibly), written evidence such as letters from her to the tenants first regarding their numerous wrong rent payments and second addressing the nuisance problem. Always keeping a copy of the written correspondence for their records. Also, if the noise was illegal, say after 10:00 pm, calling the police would also document the complaints. So, the best thing to do to deal with these tenant’s would be to wait it out a couple more months, gathering evidence to help support a 3-Day notice to quit. I also advised her that if the next month the tenants sent the wrong amount to return the payment along with serving them a 3-Day Notice to Pay Rent or Quit.

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