If your tenant fails to pay rent on time, you can take steps toward eviction. A notice to pay rent or quit is often the first step in this process.
In this guide, we’ll explain when and how to use this notice. We will also include a free pay or quit notice template.
What is a pay or quit notice?
A notice to pay rent or quit is a type of eviction notice to the tenant because of the nonpayment of rent. It informs the tenant they must pay the overdue rent within a specific timeframe or vacate the property.
However, in many states, missing one month’s rent may not be grounds for eviction, so it’s essential to check your local laws.
How to write a notice to pay rent or quit
A notice to pay rent or quit should include the overdue rent amount, the payment deadline, and the consequences of non-payment.
Here’s a simple breakdown of what to include:
- Date of the notice
- Tenant name(s)
- Property address
- Reference to the lease violation and agreement date
- Total amount due and period covered by the unpaid rent
- Deadline to pay or vacate the property
- Consequences if the rent isn’t paid or the tenant doesn’t leave
- Landlord’s signature, name, address, and contact information
When to send a pay or quit notice
If a tenant doesn’t pay rent even after receiving a late rent notice, landlords can proceed with sending a notice to pay rent or quit. However, some states require a grace period before you can send the eviction notice to the tenant.
A good rule of thumb is to automatically send a pay or quit notice after a certain number of days of non-payment. The timeframe for this notice varies by location. It’s common to give 3 days notice to pay rent or quit. Depending on state laws, other options include a 5-day, 7-day or even 30-day notice.
What happens after delivering the notice to pay or quit?
If the tenant pays the overdue rent payment within the specified timeframe, the tenancy continues as usual (though late fees may apply). Sometimes, the tenant may also reach out to arrange a payment date beyond the initial deadline. At that point, it’s up to the landlord to accept the arrangement and halt further action.
If the tenant doesn’t comply with the notice by the specified deadline, the landlord may proceed with a formal eviction process, such as filing for eviction in court.
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