What Is a 5-Day Eviction Notice?
A 5-day eviction notice is a legal document landlords use to notify tenants of lease violations or unpaid rent. Tenants typically have five calendar days to either fix the issue or move out. The notice can apply to curable violations, such as non-payment of rent, or incurable ones, such as certain criminal offenses. If the tenant doesn’t respond in time, the landlord can start formal eviction proceedings.
With Legal Templates, you can create an eviction notice that meets your state’s laws. Just use our document editor to start creating your notice today.
Curable vs. Incurable
Not all lease violations are treated the same. Some give tenants a chance to make things right, and others don’t.
Curable violations mean the tenant can stay if they fix the issue within five days. This often includes catching up on rent or correcting a lease violation, like removing an unauthorized pet.
Incurable violations are more serious and can’t be undone. In cases of illegal activity or significant health risks, the tenant must leave the property, and the eviction process can move forward immediately.
States That Use a 5-Day Notice
Not every state allows landlords to use a 5-day notice. The chart below shows where this specific notice period applies and under what circumstances. If your state isn’t listed, you may need a different notice period. Check your state’s laws.
| State | Type of Tenancy Terminated | Curable? |
|---|---|---|
| Arizona | Failure to pay rent Material health/safety violation | Yes Yes |
| Delaware | Failure to pay rent | Yes |
| Hawaii | Failure to pay rent Illegal activity | Yes No |
| Illinois | Failure to pay rent Class X felony | Yes No |
| Louisiana | Failure to pay rent Illegal activity Week-to-week tenancy Non-compliance with lease terms | No No No No |
| Nevada | At-will tenancy Non-compliance with lease terms | No Yes |
| Oklahoma | Failure to pay rent (under 3 months’ rent past due) | Yes |
| Rhode Island | Failure to pay rent | Yes |
| South Carolina | Failure to pay rent | Yes |
| Virginia | Failure to pay rent | Yes |
| Wisconsin | Illegal activity Imminent harm threat Failure to pay rent for at-will or under 1-year tenancy Non-compliance for at-will or under 1-year tenancy | No No Yes Yes |
Sample 5-Day Eviction Notice
Below, you can view a sample 5-day eviction notice. You can customize this template using our document editor and then download it in PDF or Word format.
