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Eviction Notice for Late Rent | Notice to Pay or Quit Form

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The eviction notice for non-payment, also referred to as a ‘notice to quit’ or ‘notice to vacate due to late rent’, is used when a tenant is in default of their lease for being late on their rental payment to the landlord. This is the most common type of notice in that is regulate by each States’ laws. In most, the tenant will have a specific time period to come up with the funds in order to pay the landlord the designated past due amount. If the tenant makes the payment within the legal time-frame their lease will be considered back in compliance, if not, they will have to move-out of the property or face an eviction suit (known in most States as a ‘forcible entry and detainer’).

Notices By State

Time Periods & Laws

The following are the required time periods that are required by each State in order when submitted a non-payment notice to a tenant.

*KS – Unless tenancy is shorter than three (3) months therefore it would be three (3) days.

**NJ – Immediate or thirty (30) days depending if the landlord has previously accepted late rent. If they have, then the tenant has thirty (30) days to pay or quit (§§ 2A:18-61.2(b)).

***TN – Fourteen (14) days to cure the issue while thirty (30) days, if it has not been cured, to vacate the premises.

How to Write

If the tenant has not paid rent by the date written in their lease agreement, or after the respective State rent grace period (if any), then this notice may be given by the landlord.

Step 1 – Fill-in the document by first writing the following information in the first (1st) paragraph respectively:

  • Tenant’s Name – Only the name(s) listed on the written lease agreement;
  • Address of Residence – Including Street Address (Apt #), City, State, and Zip Code;
  • Date of Lease – Enter the date of lease commencement;
  • Past Due Amount – Include the dates for which the funds are owed including all penalties/fees;
  • Landlord’s Signature.

Step 2 – The tenant must be given the document in one of the State-approved ways:

  • Delivery by hand;
  • Delivery by hand to a person of legal age (determined by the State) to accept the notice. Usually this option also requires the landlord to additionally mail the document to the tenant with return receipt;
  • Certified Mail.

The beginning of the notice period starts with the tenant acknowledging their notice of the notice to quit.