What Is Lease Violation?

The Most Common Lease Violations

Here are the violations you will encounter most frequently as a landlord:

Unauthorized pets. The number one violation. Your lease says no pets, but during a property inspection you find cat scratches on the door frames and a litter box in the bathroom. Or you approved one small dog and the tenant now has three.

Unauthorized occupants. Your lease says 2 adults. During a drive-by, you notice 4 cars in the driveway consistently. A friend "visiting" for 3 months is not a visitor. It is an unauthorized occupant.

Noise and disturbances. Repeated complaints from neighbors about loud parties, music at 2 AM, or domestic disturbances. Noise violations are harder to document but no less real.

Property damage. Holes in walls, broken fixtures, damage to flooring, or alterations without permission (painting walls black, installing shelving with massive anchors).

Unauthorized subletting. The tenant moves out but lets someone else live there and collect rent from them. This is both a lease violation and a potential liability nightmare since you have not screened the subtenant.

Smoking in a non-smoking unit. Smoke damage is expensive to remediate (repainting, replacing carpet, ozone treatment). If your lease prohibits smoking and the unit smells like smoke, that is a violation.

How to Handle Lease Violations

Step 1: Verify the violation. Before confronting the tenant, make sure you have your facts straight. Drive by the property. Check with neighbors. Review the lease clause that is being violated. Do not accuse a tenant of something you cannot prove.

Step 2: Document everything. Photos of the unauthorized pet, timestamps of noise complaints from other tenants, photos of property damage. If neighbors are complaining, ask them to put it in writing. Documentation is your evidence if this goes to court.

Step 3: Send a written notice. A formal letter or email referencing the specific lease clause violated, describing the violation, and giving the tenant a deadline to cure it. Most states require a Cure or Quit notice with 7-30 days to fix the problem. Check your state's requirements.

Example notice: "This letter is to inform you that you are in violation of Section 8 of your lease agreement, which prohibits pets without written landlord approval. During an inspection on [date], an unauthorized cat was observed in the unit. You have 14 days to remove the pet from the premises or obtain written approval with an appropriate pet deposit and monthly pet rent."

Step 4: Follow up. After the deadline, verify whether the violation has been cured. If yes, document it and move on. If no, proceed to the next step.

Step 5: Escalate if necessary. If the tenant does not cure the violation within the notice period, your options are: issue a final warning, file for eviction, or decide not to renew the lease at expiration. The right choice depends on the severity of the violation and the tenant's overall history.

Real Example: Handling an Unauthorized Pet

During a routine inspection of your $1,300/month unit, you find evidence of a medium-sized dog: chew toy, food bowls, scratches on the hardwood floor near the back door. Your lease prohibits pets without prior written approval and a $300 pet deposit plus $35/month pet rent.

You send a written notice giving the tenant 14 days to either remove the pet or sign a pet addendum with the $300 deposit and $35/month pet rent.

Tenant responds: "Sorry, my sister moved and could not take her dog. Can I keep him? He is a well-behaved lab mix."

Your options: (1) Allow the pet with proper documentation and payment. You get $300 deposit + $420/year in pet rent, plus the tenant's goodwill. (2) Insist the pet be removed. The tenant complies but resents you and moves out at lease end. Turnover cost: $3,000+. (3) Insist the pet be removed. The tenant ignores you. You file for eviction. Legal fees and vacancy: $5,000+.

Option 1 is usually the best business decision unless you have a specific reason to prohibit pets (allergies of other tenants, HOA rules, insurance restrictions). The dog is already there. Get it documented, get compensated, and move on.

When to Escalate vs. When to Negotiate

Negotiate when: The violation is minor, the tenant is otherwise good (pays on time, takes care of unit), the situation can be formalized (pet addendum, guest policy clarification), and the tenant is cooperative.

Escalate when: The violation is serious (illegal activity, safety hazard), it affects other tenants (noise, behavior), the tenant is uncooperative or hostile, this is a repeat violation after previous warnings, or the violation causes property damage.

Common Mistakes

Ignoring violations. "I will let it slide this time" sets a precedent. If you allow one unauthorized pet, the next tenant will expect the same treatment. Enforce lease terms consistently.

Verbal warnings only. Always follow up verbal conversations with a written notice. Verbal warnings have no legal weight. If this ends up in court, the judge wants to see documentation.

Overreacting to minor violations. A tenant who hangs a picture hook without permission does not need a legal notice. Use judgment. Address serious violations formally. Handle minor ones with a friendly conversation.

Retaliatory enforcement. If a tenant files a complaint about habitability and you suddenly start enforcing every minor lease violation, that looks retaliatory. Courts take retaliation seriously. Enforce violations based on their merits, not as payback.

Frequently Asked Questions

Can I fine tenants for lease violations?

This depends on your state and lease terms. Some states allow lease provisions for violation fines (like a $100 pet violation fee). Others consider fines unenforceable. If your lease includes a fine provision, make sure it is reasonable and compliant with local law. When in doubt, consult a landlord-tenant attorney.

How many violations before I can evict?

For most curable violations (pets, noise, occupancy), you must give the tenant a chance to fix the problem with each notice. However, if a tenant repeatedly violates the same term after curing each time, some states allow eviction for chronic violations. For incurable violations (illegal activity, major damage), you may be able to evict after a single notice.

What if I discover a violation after the lease ends?

If you discover damage from a violation during the move-out inspection, you can deduct repair costs from the security deposit. If the damage exceeds the deposit, you can pursue the former tenant in small claims court.