Notice to Pay Rent

Notice to Pay Rent or Quit - What is it?

The Notice to Pay Rent or Quit is a demand letter used by landlords and property managers in to notify tenants that they are late with the rent payments and they must pay or get out. Similar to the Notice to Quit, a Notice to Pay Rent informs the tenant that they are not complying with the lease terms (they owe rent), they must take action to become compliant (they must pay the full amount owed), or they must quit the agreement and surrender possession (terminate the tenancy and vacate the rental property). If your tenant is late or has stopped paying the rent and you want them to pay up or get out, serving them with a Notice to Pay Rent is the first step you should take to start the eviction process.

Notice to Pay Rent - Why is it important?

If the tenant does not pay or move out by the specified date, their Lease Agreement will get terminated, and the Tenant risks getting evicted (forcibly removed from the premises by the local authority). If the move out date has passed and the tenant has not complied, you have grounds to bring forth an "unlawful detainer" lawsuit, in which you argue that the tenant has no legal right to hold possession of the property and that you need to have them forcibly removed. The Notice to Pay Rent should not be confused with the "Writ of Possession" (eviction notice) which is issued by the courts. The Notice to Pay Rent is served at the very beginning of the eviction process, and it communicates the intention to go to court if the tenant does not pay and remains on the premises beyond the specified date. If the tenant does not comply with the notice (pay up or vacate the premises), you must take legal action to have the tenant removed from the property. Do not try to remove the tenant yourself and always remember that it is ILLEGAL to change the locks, turn off the utilities, or interfere with the tenant's access to the rental unit in any way.

• Notice to Pay Rent notifies tenants they in violation with the terms of the lease agreement and risk lease termination
• Serving a Notice to Pay Rent is the fastest way to recover unpaid amounts or quickly regain possession of rental property from the tenant.

Notice to Pay Rent - What should be included?

The Notice to Pay Rent Form must contain the amount of money owed, what it is owed for, and the amount of time the tenant has. The notice must be clearly stated and conspicuously posted so the tenant has reasonable awareness and can take decisive action.

• Name of Tenant who is responsible for paying rent
• Address of the Rental Property
• Amount owed
• Number of days the Tenant has to pay or move out
• Date for Tenant must vacate the Rental Property if the problem cannot be resolved
• Date notice is served
• Signature of person serving notice

Notice to Pay Rent - Am I using the right form?

You should use a notice to pay rent if the tenant owes money and has not paid it when it by the time it becomes due or within the grace period.The notice tells them to pay or quit (vacate).

• Notice to Pay Rent should be used when a tenant in hasn’t paid the rent and must pay up or vacate.
• Notice to Quit should be used when a tenant hasn't complied with other terms of the lease agreement and must remedy the issue or terminate the lease and vacate the property.
• Notice to Vacate should be used to end month-to-month leases and fixed term leases that are not getting renewed.

Notice to Pay Rent - What should I do with it?

The Notice to Pay Rent Form must be "served" to the tenant. Most jurisdictions in allow you to post the notice conspicuously on the front door. It's always best to have an independent party serve the Notice to Pay Rent at the rental property, and get a copy with a tenant or witness signature for your records. If you are mailing the Notice to Quit, you should send the Notice to Pay Rent Form using First Class Certified Mail and retain the receipt.Make sure any form that you fill out is detailed and specific, because incomplete or inaccurate statements could cause your eviction complaint to be dismissed.