Notice to Pay Rent
A Notice to Pay Rent also know as Notice to Pay Rent or Quit or Notice to Pay Rent or Vacate is a form notice used to demand the rent payment that is overdue and payable. You are legally informing the tenant with this form that you're about to begin eviction proceedings against him if the default is not cured within a set amount of days.
This notice to pay is often called a Three Day Notice, and is also used to give Five day notice, Ten days or more depending on local landlord tenant eviction codes and law.
Notice to pay rent part:
"You are hereby required to pay the rent on the premises herein described, of which you now hold possession, pursuant to a written lease, amounting to $ [___], being the rent now due to me by you for the period from [___________], to [_________], or you are hereby required to deliver up possession of the premises, within 3 DAYS after service on you of this notice, to the undersigned or the undersigned will institute legal proceedings against you, to declare a forfeiture of the lease under which you occupy said premises and to recover possession thereof, with treble rents and damages."
Many landlords resist handing out three-day notices. After all, preparing and serving a three-day notice Involves at least a little bit of trouble, and it's easy to conclude that it is the first step in what is sure to be a nasty court eviction battle, something almost every landlord dreads.
You should realize that serving a Three-Day Notice to Pay Rent or Quit forms not necessarily lead to a lawsuit. A three-day notice is a tool designed to get tenants to pay rent, not to evict them. Remember, an eviction lawsuit is generally something the tenant wants to avoid at least as much as you do. In fact, most tenants who receive a three-day notice do pay up within the three days.
In a few cases, tenants don't pay, which means the three-day notice becomes the first step in a court action. If this occurs, the judge will likely scrutinize the notice carefully. If the notice contains certain errors, you will lose an eviction lawsuit, may be having to pay the tenant's attorney fees. In other words, even though a three-day notice doesn’t necessarily lead to an unlawful detainer suit, you usually don't know in advance whether a particular notice will be the first step in a lawsuit. It may be you should therefore take pains to be sure all notices you prepare and serve are legally correct.
|3-Day Notice to Pay Rent sample. Download (doc)||26 KB|
|Five (5) Day Notice to Pay or Vacate. Download (doc)||28 KB|