An eviction notice to pay or quit is a form that is given by a landlord to a tenant when they have failed to make payment on-time as stated in their lease agreement and after any State “grace period”. The notice is to be given either in-person or sent via certified mail (return receipt requested) and during the time period allowed the tenant may either pay all that is owed or face the legal action of having an eviction filed against them (Forcible Entry and Detainer “FED”).
Notice to Pay or Quit Form – Adobe PDF, Microsoft Word (.docx)
If the tenant pays back all that is due in the allotted time-frame their lease will be considered in compliance as if the late payment never occurred. Although, some States allow for the landlord to cancel the lease agreement if the tenant has been late more than once during the course of the lease.
Table of Contents
Non-Payment Forms: By State
Also referred to as a “notice to pay or quit”.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Non-Payment Laws: By State
Below are the required minimum time-periods that must be given to a tenant when rent is late. If the tenant does not pay the outstanding rent due within the time-period below, the landlord has the option to terminate the lease.
- AL – 7 days § 35-9A-421
- AK – 7 days AS 09.45.090
- AZ – 5 days § 33-1368
- AR – 10 days § 18-16-101(b)(1)
- CA – 3 days Statute 1161
- CO – 3 days § 13-40-104
- CT – 3 days § 47a-23
- DE – 5 days § 5502
- FL – 3 days § 83.56
- GA – Immediate § 44-7-50
- HI – 5 days § 521-68
- ID – 3 days § 55-2010
- IL – 5 days 735 ILCS 5
- IN – 10 days § 32-31-1-6
- IA – 3 days § 562A.27
- KS – 10 days § 58-2508
- KY – 7 days § 383.660
- LA – 5 days CCP 4701
- ME – 7 days 14 § 6002(1)
- MD – Immediate § 8-401
- MA – 14 days Chapter 186 § 11
- MI – 7 days § 554.134(2)
- MN – 14 days § 504B.135
- MS – 3 days § 89-7-27
- MO – Immediate § 535.010
- MT – 3 days § 70-24-422
- NE – 3 days Statute 76-1431(2)
- NV – 5 days NRS 40.2512
- NH – 7 days 540:3(I)
- NJ – 30 days § 2A:18-61.2
- NM – 3 days § 47-8-33
- NY – 10 days Article 7, § 751
- NC – 10 days § 42-3
- ND – 3 days Chapter 47-32
- OH – 3 days § 1923.04
- OK – 5 days § 41-131
- OR – 6 days § 90.394
- PA – 10 days § 250.501
- RI – 5 days § 34-18-35
- SC – 5 days § 27-40-710(B)
- SD – 3 days § 21-16-2
- TN – 14 days § 66-7-109
- TX – 3 days Sec. 24.005
- UT – 3 days § 78B-6-802(c)
- VT – 14 days § 4467(a)
- VA – 5 days § 55.1-1245(F)
- WA – 3 days RCW 59.12.030(3)
- WV – Immediate § 55-3A-1
- WI – 5 days Statute 704.17(2)
- WY – 3 days § 1-21-1003
How to Write
In order to properly write the tenant notice for paying the monthly rent late, the landlord will need to be briefed on their State’s laws. The landlord is only allowed to send notice to the tenant after rent has been late and after any State “grace-periods”
Step 1 – Fill-in the Notice
Download the notice in Adobe PDF or Microsoft Word (.docx) and complete. Enter the parties information (landlord and tenant) including how much the tenant owes plus any late fees.
While completing, the landlord will want to enter the State specific time-period the tenant has in order to pay back the rent.
Step 2 – Deliver the Notice
The landlord can choose to send the notice in any manner as allowed by State law.
In most cases, the landlord:
- Places on or under the door;
- Delivers personally;
- Sends via Certified Mail: or
- Sends via professional courier.
If the landlord believes the tenant may not pay the rent it is best to send by Certified Mail with return receipt. If there is any dispute the return receipt will prove to any court that the notice was actually delivered to the non-paying tenant.
Step 3 – Wait
The landlord’s only option is to wait to see if the tenant pays the rent within the given time-period.
If the Tenant Does Pay – The lease agreement becomes valid again for both parties. Even if the landlord wants to cancel the agreement they both will remain bound.
If the Tenant Does Not Pay – The landlord will have the option to terminate the lease agreement. It is best for the landlord to speak with the tenant to see what their plans are and if they refuse to leave a Complaint should be filed with the local court.