Table of Contents
- Download a Free Late Rent Notice Template
- The Basics: What is a Late Rent Notice?
- When Do I Need this Document?
- The Consequences of Not Using One
- The Most Common Late Rent Notice Situations
- What Should be Included?
1. Download a Free Late Rent Notice
2. The Basics: What is a Late Rent Notice?
What is a Late Rent Notice, or a Notice to Pay Rent or Quit?
A Late Rent Notice or Notice to Pay Rent or Quit is a written letter from the Landlord to the Tenant that officially asks the Tenant to pay overdue rent or leave the premises. This notice is one type of Eviction Notice when a Tenant fails to pay rent. Check your state and local housing laws to figure out how many days the Tenant has to pay or leave.
Most state housing laws agree that Tenants should pay their rent on time and require Landlords formally send a 3-day notice or 5-day notice for failure to pay rent.
A simple Notice of Late Rent letter will identify the following basic elements:
- Premises: address and location of rental property
- Overdue Rent: amount of money the Tenant currently owes the Landlord
- Effective Date: when the Tenant must start paying the new rent amount
- Tenant: name of person currently renting the Premises
- Landlord: name of person who owns the Premises
State-by-State Eviction Notice Facts
As a reference, a Late Rent Notice is also called the following names.
- Notice to Pay Rent or Quit
- Failure to Pay Rent Notice
- Demand Notice for Nonpayment of Rent
- Demand for Possession
- Demand for Payment of Rent
- Demand for Past Due Rent
- Notice to Cure
- Notice to Demand Payment for Failure to Pay Rent
- Notice to Terminate Lease for Failure to Pay Rent
- Notice of Intention to Evict
- Notice of Intent to Terminate Lease for Nonpayment of Rent
- Notice of Termination for Nonpayment of Rent
- Notice to Leave Premises
- Notice to Quit Possession
- Notice to Quit Premises
- Notice to Pay Rent
- Notice to Vacate
- Right to Possession Notice
- Termination for Failure to Pay Rent
3. When Do I Need This Document?
A Late Rent Notice is commonly used when the Landlord wants to document the need to collect rent or end the lease agreement. When rent is becomes overdue, a letter clearly communicating the need for rent payment is often needed if you need to go through the formal eviction process.
The Landlord should send a Notice whenever the Tenant has failed to pay rent. If the Tenant is late on multiple occasions, the Landlord may send a Notice to Pay Rent or Quit to end the lease agreement. If the Lease is a month-to-month, the Landlord could send an Unconditional Quit Notice (Eviction Notice) if the Tenant is late on multiple occasions. The Landlord should keep a clear paper trail of all communications mailed to the Tenant.
When should you send the Notice?
A Tenant often has 3 to 5 days to pay late rent or leave but confirm with your state and local housing laws.
Most state housing laws agree that Tenants should pay their rent on time. More than a third of the states require Landlords give a minimum 3-day eviction notice when rent is late or overdue, while almost a quarter of the states require a minimum 5-day eviction notice, and only six states require a 7-day eviction notice.
Three states require a 10-day eviction notice for late rent (Indiana, North Carolina, Pennsylvania), while another three states require a minimum 14-day eviction notice
(Massachusetts, Tennessee, Vermont).
The District of Columbia (D.C.) provides the most generous amount of time to Tenants and requires a minimum 30-day eviction notice.
Of note, six states empower Landlords and Tenants to decide on the notice requirements and refer Landlords back to the original lease or rental agreement.
Check your Lease or local laws for when you should send them a Notice to Pay Rent or Quit, but a 3-day or 5-day notice is typical.
How should you send the Notice?
The Lease Agreement may describe how notices should be sent. The free Lease Agreement, for example, says that Notices must be in writing and should be either:
- delivered in person
- sent by overnight courier service
- sent via certified or registered mail
Read on our advice on what you can do as a landlord to prevent or handle late rent payments.
4. The Consequences of Not Using One
If you do not send a Notice to Pay Rent or Quit properly, you will be unable to begin the eviction process to remove an unwanted Tenant. The Notice to Pay Rent or Quit must be sent the appropriate number of days before the Landlord files an eviction lawsuit.
Otherwise, the Landlord may suffer the following preventable consequences:
|1. Lost money|
|to pay attorneys to start the eviction process|
|to pay for court fees to file an eviction lawsuit|
|2. Lost time|
|to pursue a delinquent Tenant|
|to research how to remove a Tenant|
|3. Mental anguish|
|of having someone live in your property for free|
|of continually asking for money owed|
5. The Most Common Late Rent Notice Situations
Failure to pay rent on time is one of the most common reason for sending an eviction notice to begin the eviction process. Perhaps the Tenant was traveling, became ill, or lost their job? Perhaps the Landlord has already tried giving the Tenant a chance to pay over a period of time? At some point, however, the Landlord and Tenant must face the facts — the Landlord is running a business and there are consequences for not paying your rent.
6. What Should be Included?
A simple lease Late Rent Notice should generally identify:
- Where the rental property is located
- What amount of rent is currently overdue
- When the Tenant should pay the late rent or leave
- Who the Landlord and Tenant are and their contact information