5-Day Notice to Vacate: Eviction Notice to Pay or Quit

What Is the 5-Day Notice to Vacate Form?

The 5-day notice to vacate form, also called an eviction notice to pay or quit, gives a tenant five days to pay overdue rent, fix a lease violation or leave. The landlord fills it out, signs it and delivers it to the tenant. The table below lists the document name, the average time to fill it out and the available format.

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Notice Periods by Jurisdiction

Five days is not the notice period everywhere. In 45 of the 50 jurisdictions FormsPal's verified state data covers (49 states and DC), the law sets a notice period for unpaid rent. Those periods differ from one jurisdiction to the next, and the ranges below show how much they differ by reason for the notice.

• For unpaid rent, the notice period runs from 3 to 14 days, depending on the jurisdiction, in the 37 jurisdictions whose rule states the period in days.
• In 4 jurisdictions, the rule for unpaid rent counts business days instead, from 3 to 7 business days.
• In 33 of the 50 jurisdictions FormsPal's verified state data covers, a lease violation other than unpaid rent has its own notice period, and it runs from 3 to 30 days across the 29 jurisdictions that state it in days.
• In 32 of the 50 jurisdictions FormsPal's verified state data covers, the law also sets a cure period for a lease violation, from 3 to 30 days across the 25 jurisdictions that state it in days.
• In 30 of the 50 jurisdictions FormsPal's verified state data covers, the law sets a notice period for nuisance, waste or illegal activity, from 3 to 30 days across the 20 jurisdictions that state it in days.
• In 3 of the 50 jurisdictions FormsPal's verified state data covers, the notice period for nuisance, waste or illegal activity is 24 hours.

The following states require a five-day notice to quit be given for violations of the rental terms: Alaska, Arizona, Delaware, Hawaii, Illinois, Louisiana, Nevada, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin.

To count the days from the date you serve the notice, use FormsPal's deadline calculator.

How to Fill Out the 5-Day Notice to Vacate

You can fill out this 5-day notice to vacate in about 11 minutes by following the steps below. Keep the details of the lease and of everyone named in the notice nearby, because the form asks for them. Other notice periods are available in FormsPal’s full set of eviction notice templates.

Notice Period

Mention “5” in all the blanks where “_ Day Notice” is written.

Notice Date

Enter the date of the eviction notice. Five days will be calculated from the day following this date and will exclude weekends and public holidays.

Party Details

Mention full details of the landlord and tenant as mentioned in the lease agreement. Enter the details of the lease guarantor, if applicable.

Address

Mention the full address of the leased property.

Lease Date

Mention the date of the lease agreement. If you cannot remember it, make sure to check the original document.

Select and Describe the Reason

Select the reason for sending the 5-day notice to quit.

• Illegal Activities: Select the first option if the reason is illegal activities at the leased premises. Mention other related details, including the type of illegal activity taking place and how you became aware of it.
• Breach of Rental Agreement: If the eviction notice to quit is being sent for breach of the rental terms by the tenant, select the second option. Refer to the violated terms of the agreement in brief. For example, if the reason is subletting, mention the clause that prohibits subletting by the tenant.
• Rental Dues: If the eviction notice to quit is for non-payment of rent, select the third option, enter the total amount due, and mention the due date.

Select the Follow-up Action or Cure

Based on the reasons for sending the notice to quit, select the corrective action that has to taken by the tenant:

• If the notice to vacate is for illegal activities, choose the first option and mention the number of days when the tenant should leave the property.
• If the notice to quit form is for breach of the agreement’s legal terms, select the second option and mention how and by when the corrective action should be taken.
• If the notice is for rental dues, select the third option and mention the total amount due and the time period within which the dues must be paid.

Mention the Notice Serving Details

Mention all the details relating to the service of the notice quit form. In 35 of the 50 jurisdictions FormsPal's verified state data covers, the law sets rules for how the notice must be written and served.

1. Specify the landlord’s name.
2. If the form is being sent through an authorized representative, mention his or her details.
3. Mention the details of all individuals to whom the notice to quit form is being sent.
4. Select the delivery mode (certified mail is recommended), enter the state and county, and get it notarized.

What to Do After the Notice is Served?

If the tenant makes full payment, it must be accepted by the landlord, and eviction cannot happen. If the tenant makes a partial payment, the landlord decides to accept or decline. If accepted, it will constitute partial compliance with the notice, and eviction cannot be done. If no payment is made, legal action to evict can be taken.

For breach of the rental agreement, if the tenant fully addresses the issues within five days, then eviction will not be possible. However, if partial compliance is made by the tenant, it is for the landlord to decide to accept or not. If no compliance is made, court action can be taken.

• In 37 of the 50 jurisdictions FormsPal's verified state data covers, the law bars self-help eviction, so a landlord needs a court order before taking back the rental.
• In 19 of the 50 jurisdictions FormsPal's verified state data covers, the law requires the landlord to file a court action to evict.

To take legal action to evict the tenant, an “unlawful detainer” must be filed with the court. However, it is a lengthy and complex process; therefore, efforts must be made to settle the matter with the tenant before proceeding.

Frequently Asked Questions

These answers cover how long the notice lasts, whether a landlord needs a court order and how long the form takes to fill out. The notice period and the court rules differ from one jurisdiction to the next, so check the rules where the rental is located before you serve the notice.

How many days is a 5-day notice to vacate?

A 5-day notice to vacate gives the tenant five days to pay, fix the problem or leave. Whether five days is the right period depends on the jurisdiction and the reason for the notice. See the notice periods section above for the ranges.

Can a landlord evict a tenant without going to court?

In 37 of the 50 jurisdictions FormsPal's verified state data covers, the law requires a court order to take back a rental and bars self-help eviction.

How long does it take to fill out the 5-day notice?

The average time to fill out the form is 11 minutes. The form has 47 fillable fields, and you can create it online or download the PDF.

General information, not legal or tax advice.

Jennifer M. Settles

Author & Attorney

With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.