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Notice to Pay or Quit Templates | Late Rent

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A notice to pay or quit for non-payment of rent is a document sent to tenants to notify them that they will be evicted unless they pay rent in full within the timeframe specified on the notice. The form should be sent after any state-mandated grace period and delivered to prove the landlord made a valid effort to ensure the tenant is aware of the lease violation.

Notices: By State


Contents


Sample

NOTICE TO PAY OR QUIT FOR NON-PAYMENT

Date: [MM/DD/YYYY]
To: [TENANT NAME(S)]
Address: [RENTAL ADDRESS]

You are notified that you owe rent in the amount of $[AMOUNT OWED]. This amount does not include any late fees that you may also owe. You may not be evicted for non-payment of late fees.

If you do not pay this rent by the date stated below, which must be at least [#] days after the date and time you receive this notice, your tenancy will be terminated, and you will be required to move.

Date and time by which rent must be paid:

Date: [MM/DD/YYYY]
Time: [HH:MM] ( AM | PM)

You do not have to move if you pay your rent in full before the date and time above.

If you do NOT pay your rent or move by the date and time above, a lawsuit may be filed to evict you.

Landlord / Agent Signature: ________________________
Printed Name: [LANDLORD NAME]


CERTIFICATE OF SERVICE

I certify that on [MM/DD/YYYY], I served this notice to [RECIPIENT NAME] by:

– Delivering it personally to the person in possession of the Premises.
– Delivering it to the Premises to a member of the Tenants’ family or household or an employee of suitable age and discretion with a request that it be delivered to the person in possession.
– Certified first-class mail addressed to the person in possession.

Landlord / Agent Signature: ________________________


What is a Notice to Quit? (Non-Payment)

A notice to quit for non-payment is a letter delivered to tenants who have become delinquent (late) on rent. The form is one of the first steps a landlord will take in the eviction process. The letter provides the tenant with a deadline by which they must have all outstanding rent and applicable fees paid. Even if the tenant vacates the rental, they will most likely be required to pay all rent payments until the lease ends or the landlord finds a new tenant. A notice to quit should only be delivered by certified mail, which is a service provided by USPS that serves as legal proof the letter was signed by the tenant.

How to Give a Tenant a Notice to Quit

Oftentimes, the method by which a notice to quit is delivered to the tenant can make or break whether or not the judge sides with the landlord. Because if a tenant can prove the landlord didn’t take the proper steps in notifying them of the eviction, the case will most likely be thrown out.

To avoid this scenario, the landlord needs to ensure they have undeniable proof that one of the following actions occurred:

  1. The tenant received the notice personally, or
  2. A reasonable effort was made in providing notice to the tenant.

The following steps cover what is needed to properly issue a notice to quit to a tenant:

Step 1 – Look up State Laws

While most eviction lawsuits end in the landlord’s favor, the lawsuits that don’t are often due to errors in delivering the notice or not maintaining a proper paper trail during the eviction process. One of the most common defenses tenants use is that they didn’t know of the eviction or weren’t aware they did anything wrong.

Depending on the state in which eviction will take place, landlords may need to wait anywhere from one (1) to thirty (30) days, although the average time is seven (7) days. It’s always best to download the notice specific to your state to ensure the eviction process is carried out correctly.

Step 2 – Deliver the Notice

Once the correct notice type has been completed and printed out, it needs to be delivered to the tenant in a manner that complies with state law. Delivering the notice per state statutes is essential. The landlord must prove in court that the notice was sent to the tenant on a specific date and that a significant effort was made to guarantee the tenant received the letter.

Offered through the United States Postal Service (USPS), certified mail provides landlords with “electronic verification” that a delivery (or a delivery attempt) was made. Additionally, by purchasing Return Receipt Service, landlords will obtain an official receipt of the tenant’s signature, proving that the tenant obtained the notice. Proof of delivery includes the following information:

  • The date the notice was delivered;
  • The signature of the tenant; and
  • The tenant’s address (which should be the same address the notice was delivered to).

Step 3 – Wait the Required Time

Known as the “cure period,” the landlord will need to wait the state-mandated length of time (which is mentioned on the notice) to give the tenant time to pay the rent in full. As long as the tenant is not a repeat offender (in which case the notice can be made “incurable”), the tenant can pay their rent within the aforementioned timeframe, and the landlord no longer has a legally valid reason for evicting the tenant.

Non-Payment Notice Laws: By State

STATE NON-PAYMENT STATUTE 
Alabama 7-Day Notice § 35-9A-421(b)
Alaska 7-Day Notice AS 34.03.220(b)
Arizona 5-Day Notice § 33-1368(2B)
Arkansas 3-Day Notice § 18-60-304(3)
California 3-Day Notice § 1161(2)
Colorado 3-Day Notice § 13-40-104(d)
Connecticut 3-Day Notice § 47a-23(a)
Delaware 5-Day Notice §5502(a)
Florida 3-Day Notice § 83.56(3)
Georgia Immediate § 44-7-50(a)
Hawaii 5-Day Notice § 521-68(a)
Idaho 3-Day Notice § 6-303(2)
Illinois 5-Day Notice § 9-209
Indiana 10-Day Notice § 32-31-1.6
Iowa 3-Day Notice § 562A.27(2)
Kansas 10-Day Notice § 58-2507
Kentucky County Based County Based
Louisiana 5-Day Notice Art. 4701
Maine 7-Day Notice § 6002 (1)
Maryland Immediate § 8-401
Massachusetts 14-Day Notice Ch. 186 § 11
Michigan 7-Day Notice § 554.134(2)
Minnesota 14-Day Notice (periodic leases only) § 504B.135(b)
Mississippi 3-Day Notice § 89-7-27
Missouri Immediate § 535.060
Montana 3-Day Notice § 70-24-422(2)
Nebraska 7-Day Notice § 76-1431(2)
Nevada 7-Day Notice NRS 40.2512(1)
New Hampshire 7-Day Notice § 540.3(I)
New Jersey 30-Day Notice § 2A:18-61.2
New Mexico 3-Day Notice § 47-8-33(D)
New York 14-Day Notice § 711(2)
North Carolina 10-Day Notice § 42-3
North Dakota 3-Day Notice § 47-32
Ohio 3-Day Notice § 1923.02(5a)
Oklahoma 5-Day Notice § 131(B)
Oregon 6-Day Notice § 90.394(2)(b)
Pennsylvania 10-Day Notice 250.501(b)
Rhode Island 5-Day Notice § 34-18-35(a)
South Carolina 5-Day Notice § 27-40-710(B)
South Dakota 3-Day Notice § 21-16-1(4)
Tennessee 14-Day Notice § 66-7-109(a)(1)(A)
Texas 3-Day Notice § 24.005
Utah 3-Day Notice § 78B-6-802
Vermont 14-Day Notice § 4467(a)
Virginia 5-Day Notice § 55.1-1415
Washington 14-Day Notice § 59.12.030(3)
West Virginia Immediate § 55-3A-1
Wisconsin 5-Day Notice § 704.17(2)(a)
Wyoming 3-Day Notice § 1-21-1003

 


Frequently Asked Questions

Can a landlord withdraw a notice to quit?

In the majority of cases, the landlord can personally withdraw an eviction notice. As an example, if an eviction notice is brought on by a lease condition that the tenant broke (e.g., having a pet when it wasn’t permitted), the landlord can withdraw the eviction notice if the parties come to an agreement regarding the pet. The tenant might agree to pay the landlord ten percent (10%) more rent in exchange for permitting them to keep a pet on the property. 

On the other hand, if the notice is to terminate a month-to-month lease, it is a binding statement. However, if the tenant wanted to continue renting after receiving the landlord’s termination notice, they could draft a secondary agreement that states they agree to dismiss the previous termination notice and continue the originally-signed lease.

Can an eviction notice be served over email?

No. The judge will need undeniable proof that the landlord (not someone else) sent the notice, so the notice needs to be personally delivered or sent via certified mail, as covered in the how-to section above. Even if the landlord wants to use email as a secondary method of notice, using email should be avoided. This is because the landlord needs to maintain a professional appearance at all times, and sending a notice via email is unofficial and doesn’t convey the importance of the situation like an official letter does.