When people live in your apartment or other type of rental unit, there are many different reasons to evict someone. The nonpayment of rent is one of the most common reasons for eviction. Process and methods of handling this type of eviction vary in different states. But the most common course of action for eviction for nonpayment of rent is the 3 Day Notice to Pay Rent or Quit the property. This process gives the tenant three days to either pay the due rent or move out of the apartment. But most important this method needs to send an advance notice to pay rent or quit to the tenant.
When Should You Use this Notice?
Landlords cannot simply send out a 3-day notice to pay or quit anytime that the rent is a little bit late. Most states require a grace period, and your lease may even state a standard grace period that will be given to your tenants if their rent is late. The notice should, however, be sent out as soon as the conditions for using it are met. Waiting to send out the notice will only lose you more money, and sending it out quickly can resolve your tenant issues faster than simply waiting around.
Illegal Notice Usage
There may come a time when your tenant pays the rent late but still within the grace period. Let’s say that in the past, this tenant has caused you some stress because they reported that you did not keep the property up to the required code and you ended up needing to pay a small fine. Unless the specific conditions for using a 3-day notice for evicting a tenant for nonpayment of rent are met, you should never send out this notice. Using it cannot be a form of retaliation or punishment toward your tenants. Knowingly or not, using this form incorrectly can get you into both legal and financial trouble, so be sure that you are only using this form when it is permissible by law.
What to Include in a 3 Day Notice to Pay Rent or Quit?
The 3-day notice to pay or quit should include, at the very least, the tenant’s name, property address, landlord name and how to contact them, amount of rent owed, the date the rent must be paid by and also what will happen if the tenant does not pay. But before you get ready to serve the notice, you have to be sure that all of the following is true: Any grace period for late rent has ended. You have proof of when rent was and was not paid. Your notice gives the tenant instructions on what and how to pay if they choose to.
Serving The 3 Day Notice to Pay Rent or Quit
Dropping a pay or quit notice into a tenant’s mailbox might seem like the quick and easy solution to delivering this serious letter, but there are legal procedures that dictate exactly how you can and cannot get it to the tenant. You have to give it to a tenant over the age of 18 directly, mail a copy via certified mail to the tenant’s address, and post a copy to their door in a conspicuous location. No matter how you deliver the notice, you must do it in a way that ensures the tenant is sure to receive the note. If you do not deliver the notice to the tenant in the proper way, you might need to start the eviction process from the beginning again. Once the tenant has received their copy, the 3-day waiting period will begin.
After 3 Days Pass
The tenant has three days to respond to your notice. They can respond in a few different ways. When the tenant pays the unpaid rent, plus applicable fees to remain in the property then you can continue to rent the property to this tenant. If the tenant disputes the allegations, refuses to pay, or ignores the notice, then you will need to file for eviction. If a tenant tries to pay you a partial payment, you must refuse it in order to continue with the eviction process. If you accept a partial payment, a court may not approve your eviction case.
