Late Rent Notice (to Pay or Quit)

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Updated September 30, 2022

A late rent notice, or notice to pay or quit, is sent to a tenant when they have not paid rent on the date mentioned in their lease. If there is a statutory grace period, the landlord will have to wait until after it ends to send the late rent notice.

Delivery

It’s recommended to attach a Certificate of Service and deliver the notice:

  • In-person;
  • Post on the tenant’s door; or
  • Send via certified mail (with return receipt).

By State

 

Table of Contents

How to Send Notice (4 steps)

  1. Write a Notice to Quit
  2. Speak with the Tenant
  3. Send/Deliver the Notice
  4. Wait for Payment

1. Write a Notice to Quit

landlord filling out notice to quit on laptop

Write a notice to quit and include the following information:

  • Date of Notice
  • Tenant(s) Name(s)
  • Property Address
  • Lease Start Date
  • Notice of Non-Payment
    • Past Rent
    • Late Fees
    • Other Fees
    • Payment Instructions
  • Landlord’s Signature

2. Speak with the Tenant

landlord speaking on phone with tenant

Before sending the notice to quit, it is best to contact the tenant to hear why they are late paying rent. If paying by check, maybe it was mailed late or there are other issues.

No matter the reason for late rent, it is always recommended to contact the tenant on a personal level to get their side of the story.

3. Send / Deliver the Notice

landlord typing notice to quit for tenant

Depending on the landlord’s preference, the notice may be delivered in-person or mailed to the tenant. If mailed, the landlord should send by certified mail with a return receipt to have proof the tenant received the notice.

4. Wait for Payment

tenant reviewing notice to quit

After receiving the notice, the tenant will have the State required notice-period to pay the landlord. If the tenant does not pay, they will have the option to vacate the property to avoid eviction.

If the tenant does not pay or vacate the property within the notice period, the landlord will have to seek an eviction from the local housing court.

State Laws

State Rent Grace Period Notice to Pay or Quit Maximum Late Fees 
 Alabama No statute 7 days (§ 35-9A-421) No statute
 Alaska No statute 7 days (§ 34.03.220) No statute
 Arizona No statute 5 days (§ 33-1368(b)) “reasonable” (§ 33-1368(2)(B))
 Arkansas 5 days (§ 18-17-701(b)) 5 days (§ 18-17-701) No statute
 California No statute 3 days (§ 1161(2)) “reasonable” (§ 1671(b))
 Colorado No statute 10 days (§ 13-40-104(1)(d)) No statute
 Connecticut 9 days (§ 47a-15a) 3 days (§ 47a-23(d)) No statute
 Delaware 5 days (§ 25-5501(d)) 5 days (§ 5502) 5% of the rent (§ 5501(d))
 Florida No statute 3 days (§ 83.56(3)) $20 or 20% or the rent (§ 83.808(3))
 Georgia No statute Immediate (§ 44-7-50) No statute
 Hawaii No statute 15 days (§ 521-68) No statute
 Idaho No statute 3 days (§ 6-303(2)) No statute
 Illinois 5 days (770 ILCS 95/7.10(a)) 5 days (735 ILCS 5/9-209) No statute
 Indiana No statute 10 days (IC 32-31-1-6) No statute
 Iowa No statute 3 days (§ 562A.27(2)) $12 to $20 per day (§ 562A.9(4))
 Kansas No statute *10 days (*§ 58-2507) No statute
 Kentucky No statute 7 days (§ 383.660(2)) No statute
 Louisiana No statute 5 days (§ CCP 4701) No statute
 Maine 15 days (§ 6028) 7 days (§ 6002) 4% of the rent (§ 6028)
 Maryland No statute 5 days (§ 8-401) 5% of the rent (§ 8-208)
 Massachusetts 30 days (§ 15B(1)(c)) 14 days (MGL c.186 § 12) No statute
 Michigan No statute 7 days (§ 554.134(2)) No statute
 Minnesota No Statute 14 days (§ 504B.135) 8% of the rent (§ 504B.177(a))
 Mississippi No Statute 3 days (§ 89-7-27) No statute
 Missouri No Statute Immediate (§ 535.010) No statute
 Montana No statute 3 days (§ 70-24-422) No statute
 Nebraska No statute 7 days (§ 76-1431(2)) No statute
 Nevada No statute 5 days (NRS 40.2512) Written in the lease (§ 118A.200(g))
 New Hampshire No statute 7 days (§ 540:3(II)) No statute
 New Jersey 5 days (§ 2A:42-6.1) *Immediate (*§ 2A:18-61.2) No statute
 New Mexico No statute 3 days (§ 47-8-33) 10% of the rent (§ 47-8-15(D))
 New York No statute 14 days (§ 711(2)) No statute
 North Carolina 5 days (§ 42-46(a)(1)) 10 days (§ 42-3) $15 or 5% of the rent (§ 42-46(a)(1))
 North Dakota No statute 3 days (§ 47-32-01) No statute
 Ohio No statute 3 days (§ 1923.02) No statute
 Oklahoma No statute 5 days (§ 131) No statute
 Oregon 4 days (§ 90.260(1)(a)) 72 or 144 Hours (§ 90.394(2) 5% of the rent  (§ 90.260(2)(b))
 Pennsylvania No statute 10 days (§ 250.501(b)) No statute
 Rhode Island 15 days (§ 34-18-35(a)) 5 days (§ 34-18-35) No statute
 South Carolina No statute 5 days (§ 27-40-710(B)) No statute
 South Dakota No statute 3 days (§ 21-16-1-(4)) No statute
 Tennessee 5 days (§ 66-28-201(d)) *14/30 days (*§ 66-28-505) 10% of the rent (§ 66-28-201(d))
 Texas 2 days (§ 92.019(a)(3)) 3 days ( § 24.005) “reasonable” (§ 92.019(a)(2))
 Utah No statute 3 days (§ 78B-6-802) No statute
 Vermont No statute 14 days (§ 4467) No statute
 Virginia 5 days (oral agreements only) (§ 55.1-1204(C)(5)) 5 days (§ 55.1-1245(F)) No statute
 Washington No statute 14 days (SB 5600) No statute
Washington D.C.  5 days (§ 42–3505.31(b)(2)) 30 days (§ 42–3202) 5% of the rent (§ 42–3505.31(a))
West Virginia No statute Immediate (§ 55-3A-1) No statute
 Wisconsin No statute 14 days (§ 704.17(2) No statute
 Wyoming No statute 3 days (§ 1-21-1003) No statute

How to Write

Download: Adobe PDF, MS Word, OpenDocument

I. Date Of Pay Or Quit Notice

(1) Calendar Date On Record. The calendar date when the Landlord wishes this notice to be a formal communication with the targeted Tenant must be established. This date is commonly the signature date but may also be after the signature date. Supply this requested calendar date to the beginning of this document.

II Target Of Notice

(2) Tenant Identity.  The Tenant(s) being informed that he or she (or they) must submit an overdue rent amount or release the premises must be properly named. Locate the Tenant’s name in the lease then furnish the name of every Tenant who must receive this notice to the initial statement of this notice. An area has been reserved for this presentation just before the word “(“Tenant”).”

(3) Property Address. The address of the property currently being rented to the Tenant(s) must be included to direct this notice appropriately. Report the physical address of the rented “Premises” as the “Property Address” of concern where this information is requested.

(4) Lease Start Date. The calendar date named as the first effective date for the conditions and terms of the lease being documented must be presented as the “Lease Start Date.” Bear in mind that this date must be formally named in the lease as the first date of its effect on the Landlord and Tenant(s).

III Notice Of Non-Payment

(5) Payment Deadline. Naturally, since this notice makes a demand upon the Tenant(s), the instructions the Landlord requires followed must therefore be communicated through this paperwork. Locate the space following “Within…” then, dispense the maximum number of days from the estimated date of the Tenant’s receipt of this notice that will be given to the Tenant(s) to submit payment on time. Bear in mind that it is imperative that the maximum number of days given to the Tenant from the receipt of this notice until he or she provides the delinquent rent payments and (if applicable) unpaid fees or to release the premises to the Landlord must remain compliant with the State laws governing the lease. The State laws that should be of concern can be found in the lease that was violated by the Tenant’s nonpayment.

(6) Past Rent. If this notice makes a demand for nonpayment of “Past Rent,” then place a mark in the first checkbox statement on this subject.

(7) Past Rent Demand. The amount of rent money left unpaid thus far by the Tenant(s) that must now be paid should be documented on the first blank line in the “Past Rent” statement and the time period this money is owed for should be recorded. This can be submitted as a date range by naming the first date of the unpaid period and the last date of this period or can be listed as each individual month and year when rent was unpaid.

(8) Late Fees. The Landlord may have imposed a late fee to be paid by the Tenant as a result of being delinquent with the required payment(s). If so, then the “Late Fees” checkbox must be selected.

(9) Late Fee Information.  If a late fee has been imposed, then the amount of money that must be paid for this fee and any “Details” that define this fee should be produced on the two blank lines (respectively)  provided in this option. For instance, each missed payment date that caused a late fee to be charged can be presented as the source of the fee as well as a reproduction of the lease conditions calling for this fee to be imposed.

(10) Other Fees. If any “Other Fees” have been left unpaid or any amount of money will be required to satisfy a penalty then place a mark in the third checkbox. This option must be supported with the dollar amount the Landlord requires for these “Other Fees” and a description of what these fees are.

(11) Total Amount Due. Review the previously selected unpaid amounts, then add the owed rent amount and the fee amount(s) presented above to a single sum. Record this sum as the “Total Amount Due” by the Tenant.

(12) Payment Instructions. This notice should also inform the Tenant of exactly how the overdue rent payment(s) and fees must be received by the Landlord. Therefore, it is generally recommended that the manner of payment (such as by check, certified check, or wire transfer) should be defined, the mailing address, physical address, or web portal address where payment should be submitted is reported, and the name of the Party who the payment should be directed to (i.e. the Landlord, Owner of the Premesis, or Property Management Company) is presented.

IV Proof Of Landlord Intent

(13) Landlord Signature. The signature of the Landlord issuing this demand to correct nonpayment should be submitted once the information above has been produced and verified as accurate. If a Property Management Company or similar Business Entity is issuing this notice, then its officially designated Signature Representative may sign the Landlord’s signature line.

(14) Date Of Landlord Signature. After he or she has signed this document, the Landlord (or Signature Party) must display the current date.

(15) Landlord’s Printed Name And Address. The full name and address of the Landlord (or Signature Party) will require presentation when he or she signs this document. Two areas have been provided for this purpose.

(16) Landlord’s Immediate Contact Information. In addition to the above Signature Party information, the telephone number and email address where the Landlord (or Property Management Company) can be reached should be defined.

Affadavit Of Service

I. Service Statement Location

(17) County And State. An affidavit that allows the Party charged with delivering the notice above to the concerned Tenants to confirm that a successful delivery has been made has been included with the above notice. By nature, this document will usually require notarization at the time the Server signs it. In some cases, the Notary Public obtained will wish to attend to the header. However, if instructed otherwise by the Notary, the Server may complete the header information. The header introducing this affidavit shall require that the Server of the notice identify the “County” and “State” where its statement is made

(18) Date Of Statement. The Server must supply the date defining when this delivery statement has been formally made.

II. Server Information

(19) Server Identity. The legal name of the Server of the notice above must be presented in the first section of the affidavit. This must be the name of the individual who has completed the delivery of the notice issued by the Landlord and will execute this affidavit.

III. Recipient Information

(20) Recipient. The ultimate destination of the notice being issued will need to be solidified since it is imperative that the Server can verify that he or she delivered the concerned notice to the intended Tenant. Thus, the entire name of the Person who has received the notice from the Server must be furnished to Statement (A) in the space labeled “Defendent/Respondent.”

(21) Address/Location. The physical address or the location of the Notice Recipient at the time the Server released this document to him or her should be documented in Statement (B) “Address/Location.”

(22) Date & Time. Now that the Server has documented the name of the Notice Recipient and where the above notice was served, he or she must report on when it was received by the Tenant. Therefore, in Statement (C) the calendar date when the Server released the notice to the Tenant as well as the time must be documented. Notice that either the “AM” or “PM” checkbox must be selected to define whether the time indicated is in the morning or afternoon or evening.

IV. Delivery Report

(23) Mail. It must be indicated if the Server released the noticed to the Recipient through mail. If so, then the “Mail” checkbox must be selected and the mailing or courier service used must be indicated by marking the appropriate checkbox from this option. In this way, it can be quickly verified that the notice was delivered by “Standard Mail,” “Certified Mail,” “FedEx,” “UPS,” or some “Other” method.

(24) Direct Service. If the Server delivered this notice to the Recipient by (physically) placing it in his or her hand, then mark the “Direct Service” report.

(25) Someone At The Residence. The Server may have released the notice to Someone at the intended Tenant’s residence or home. If so, then select the “Someone At The Residence” checkbox. Additionally, the name of the individual who accepted the notice on behalf of the Tenant must be displayed in the space provided by this option.

(26) Someone At The Workplace. If the Server delivered the notice to Someone at the Tenant’s workplace, then the fourth delivery option must be selected and the name of the Party who accepted the notice intended to the Tenant displayed in the available area.

(27) Leaving At Residence. If the Server has left the notice in a conspicuous area of the Tenant’s residence where it can be reasonably assumed the Tenant will receive it (i.e. attached to the Tenant’s front door), then mark the fifth checkbox. This report will also require a detailed description of where the notice was left at the Tenant’s residence (i.e. fastened to mailbox or garage door by tape).

(28) Recipient Rejected Delivery.  If the Recipient was found by the Server but refused to take the notice either personally then select the “Recipient Rejected Delivery” checkbox.

(29) Other. If the “Other” checkbox is selected, then none of the above definitions of delivery will be accurate and the manner in which the notice was delivered to the Tenant by the Server must be documented after the word “Other.”

V. Server Signature Verification

(30) Server Signature And Name. The Server’s signature is the only instrument that can prove that the Server delivered the notice to the Tenant according to the statements above. He or she must sign then print his or her name to verify the statement made concerning the delivery of the notice to the Tenant.

(31) Date. The signature date when the Server signed this paperwork must be submitted as well during the signature process of the Server.