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Notice to Pay or Quit Form – Late Rent

A notice to pay or quit is a formal letter sent to a tenant when they have not paid rent on the date mentioned in the lease agreement. If there is a statutory grace period, the landlord will have to wait until after to send the notice. When sending, it's recommended to deliver in person, post on the door, or send via certified mail (with return receipt).

By State

Alabama
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Wisconsin
Wyoming

How to Send Notice

There are various reasons for a tenant to fail in making the rental payment. Landlords have a right to protect themselves and their asset, and one of those rights being filing a Notice to Quit.

1. Draft a Notice to Quit

A proper Notice to Quit should identify the following information:

Address and property description. For apartments or condominiums, ensure the floor and unit number are listed.
All tenants living on the property.
The total back rent owed.
The total late fees assessed, if applicable.
The date payment is due by and where to remit payment.
The signature of the landlord or the third party or authorized issuer that may be acting on behalf of a landlord (i.e., rental management company).
The reason for the Notice to Quit (i.e., failing to comply with a preset rental agreement, maximum occupancy has exceeded, property use may be changed, the landlord would like the property for their own use or property is being sold in the near future).
The date and repercussions of the tenancy if payment is not received timely and in full.

2. Give Tenant a time-frame to cure rent

When a tenant has been provided a Notice to Quit, it will be important to provide them with the appropriate time frame to rectify the situation. Each state has local laws surrounding the amount of time each tenant has to satisfy the amount owed, and then at the minimum, the legally required amount of time should be identified on the Notice to Quit.

3. Detail how much is owed

The Notice to Quit should document all payments owed, to be inclusive of total rent to be paid current, late fees, and other incurred penalties as agreed upon on the rental agreement. The Notice to Quit should also identify the months the rent is owed for.

4. Delivering Notice to Quit

The local tenant/landlord laws should be consulted to determine the appropriate delivery method for a Notice to Quit. Dependent on the state, some states may allow the Notice to Quit to be sent through the standard mail or first class mail, posted to the property, or it may be left at the property rented. Other states require that the Notice to Quit is delivered through a formal delivery and therefore tenant must be served. Payment to the appropriate state martial must be made in that case.

What happens if a Tenant doesn't pay?

When a tenant fails to pay the total amount identified on a Notice to Quit, the landlord will have rights to begin the eviction process. Because the requirements for eviction can vary from state and even from city to city, the local tenant/landlord laws should be reviewed or legal counsel should be consulted, prior to beginning any eviction related action.

Landlord's Behavior

The landlord should avoid the following when a tenant fails to pay their rent:

Avoid communication or actions that may be considered harassment, while attempting to collect payment.
Avoid not documenting calls made to and from the tenant.
Avoid unorganized record management of interactions (i.e., email, physical) communications with the tenant(s).
Avoid losing records of previous payments made, inclusive of the payment amount, payment date, payment means, additional fees included in the payment as appropriate (i.e. late fees assessed).
Avoid inconsistent messages to the tenant by providing additional time to make a payment some months over others.

Notice Periods to Pay or Quit

After serving a notice to pay or quit to a tenant he or she will have the following time periods in order to pay back the rent including any late fees.

AL – 7 Days (§ 35-9A-421)
AK – 7 Days (§ 34.03.220)
AZ – 5 Days (§ 33-1368(b))
AR – 5 Days (§ 18-17-701)
CA – 3 Days (§ 1161(2))
CO – 10 Days (§ 13-40-104(1)(d))
CT – 3 Days (§ 47a-23(d))
DE – 5 Days (§ 5502)
FL – 3 Days (§ 83.56(3))
GA – Immediate (§ 44-7-50)
HI – 15 Days (§ 521-68)
ID – 3 Days (§ 6-303(2))
IL – 5 Days (735 ILCS 5/9-209)
IN – 10 Days (IC 32-31-1-6)
IA – 3 Days (§ 562A.27(2))
*KS – 10 Days (§ 58-2507)
KY – 7 Days (§ 383.660(2))
LA – 5 Days (§ CCP 4701)
ME – 7 Days (§ 6002)
MD – 5 Days (§ 8-401)
MA – 14 Days (MGL c.186 § 12)
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 – 7 Days (§ 76-1431(2))
NV – 5 Days (NRS 40.2512)
NH – 7 Days (§ 540:3(II))
**NJ – Immediate (§ 2A:18-61.2)
NM – 3 Days (§ 47-8-33)
NY – 14 Days (§ 711(2))
NC – 10 Days (§ 42-3)
ND – 3 Days (§ 47-32-01)
OH – 3 Days (§ 1923.02)
OK – 5 Days (§ 131)
OR – 6 Days (§ 90.394(2))
PA – 10 Days (§ 250.501(b))
RI – 5 Days (§ 34-18-35)
SC – 5 Days (§ 27-40-710(B))
SD – 3 Days (§ 21-16-1-(4))
***TN – 14/30 Days (§ 66-28-505)
TX – 3 Days ( § 24.005)
UT – 3 Days (§ 78B-6-802)
VT – 14 Days (§ 4467)
VA – 5 Days (§ 55.1-1245(F))
WA – 14 Days (SB 5600)
WV – Immediate (§ 55-3A-1)
WI – 14 Days (§ 704.17(2))
WY – 3-Days (§ 1-21-1003)

*KS – Unless tenancy is shorter than three (3) months therefore it would be three (3) days.

**NJ – Immediate or thirty (30) days depending if the landlord has previously accepted late rent. If they have, then the tenant has thirty (30) days to pay or quit (§ 2A:18-61.2(b)).

***TN – Fourteen (14) days to cure the issue and thirty (30) days if it has not been cured to vacate the premises.

Late Rent Grace Period

In some States, there is a grace period that allows a tenant extra days to make payment of rent without penalty, late fee, or becoming in violation of their lease agreement.

AL – No Statute
AK – No Statute
AZ – No Statute
AR – 5 days (§ 18-17-701(b))
CA – No Statute
CO – No Statute
CT – 9 Days (§ 47a-15a)
DE – 5 to 8 Days (§ 25-5501(d))
FL – No Statute
GA – No Statute
HI – No Statute
ID – No Statute
IL – 5 Days (770 ILCS 95/7.10(a))
IN – No Statute
IA – No Statute
KS – No Statute
KY – No Statute
LA – No Statute
ME – 15 Days (§ 6028)
MD – No Statute
MA – 30 Days (§ 15B(1)(c))
MI – No Statute
MN – No Statute
MS – No Statute
MO – No Statute
MT – No Statute
NE – No Statute
NV – No Statute
NH – No Statute
NJ – 5 Days (§ 2A:42-6.1)
NM – No Statute
NY – No Statute
NC – 5 Days (§ 42-46(a)(1))
ND – No Statute
OH – No Statute
OK – No statute
OR – 4 Days (§ 90.260(1)(a))
PA – No Statute
RI – 15 Days (§ 34-18-35(a))
SC – No Statute
SD – No Statute
TN – 5 Days (§ 66-28-201(d))
TX – 2 Days (§ 92.019(a)(3))
UT – No Statute
VT – No Statute
VA – 5 Days (Oral Agreements Only) (§ 55.1-1204(C)(5))
WA – No Statute
WV – No Statute
WI – No Statute
WY – No Statute

Maximum Late Rent Fees

If there is "No Statute" in the specific State, it means that there is neither a law limiting nor restricting the maximum penalty amount the landlord may charge. Granted, any late rent penalty must be specifically outlined in the tenant's lease agreement.

AL – No Statute
AK – No Statute
AZ – "reasonable" (§ 33-1368(2)(B))
AR – No Statute
CA – "reasonable" (§ 1671(b))
CO – No Statute
CT – No Statute
DE – 5% of the rent (§ 5501(d))
FL – $20 or 20% (§ 83.808(3))
GA – No Statute
HI – No Statute
ID – No Statute
IL – No Statute
IN – No Statute
IA – $12 to $20 per day (§ 562A.9(4))
KS – No Statute
KY – No Statute
LA – No Statute
ME – 4% of the rent (§ 6028)
MD – 5% of the rent (§ 8-208)
MA – No Statute
MI – No Statute
MN – 8% of the rent (§ 504B.177(a))
MS – No Statute
MO – No Statute
MT – No Statute
NE – No Statute
NV – Written in the lease (§ 118A.200(g))
NH – No Statute
NJ – No Statute
NM – 10% of the rent (§ 47-8-15(D))
NY – No Statute
NC – $15 or 5% (§ 42-46(a)(1))
ND – No Statute
OH – No Statute
OK – No Statute
OR – 5% of the rent (§ 90.260(2)(b))
PA – No Statute
RI – No Statute
SC – No Statute
SD – No Statute
TN – 10% of the rent (§ 66-28-201(d))
TX – "reasonable" (§ 92.019(a)(2))
UT – No Statute
VT – No Statute
VA – No Statute
WA – No Statute
WV – No Statute
WI – No Statute
WY – No Statute