A 5-day eviction notice is a legal document a landlord issues to notify a tenant of a lease violation or non-compliance, including but not limited to non-payment of rent, breaches of lease terms, or other specified violations. Its purpose is to afford tenants a brief but reasonable timeframe to address and rectify the issues or face potential eviction proceedings.
The notice can either be delivered in person, sent through certified mail, or visibly placed on the property, depending on the state. It may apply to “curable” situations, allowing tenants to avoid termination through corrective action for minor violations. In cases involving illegal activities, termination becomes inevitable, and tenants must comply by moving out within the stipulated timeframe.
5 Day Notice By State
| 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 |
