Late rent notices and pay-or-quit notices
A nonpayment case is usually won or lost on the notice: the right number of days, the right wording and a delivery method the statute allows. These guides cover what to send, when, and how to prove you sent it.
How do I write a late rent notice to a tenant?
A late rent notice states the rent that is unpaid (period and amount), any late fee your lease and state law allow, how and where to pay, and a date to pay by, and it is sent in writing to every tenant on the lease. It is a reminder, not an eviction notice: if you may need to file, also serve the pay-or-quit notice your state requires, with its exact number of days and wording.
How many days does a pay or quit notice give the tenant?
It depends on the state: 3 days excluding weekends and court holidays in California and Florida, 5 days in Arizona, and 14 days in New York, Washington and Virginia. Covered properties under the federal CARES Act also need a 30-day notice to vacate. Count from the day the statute says, and add any extra days your state gives for mailed notices.
When can a landlord charge a late fee, and how should it be noticed?
You can charge a late fee only if the lease provides for it and it fits your state's limits; bill it in writing, separately from rent. New York, for example, bars any late fee unless rent is more than five days late and caps it at $50 or 5% of the monthly rent, whichever is less.
Does the CARES Act 30-day notice to vacate still apply?
Yes for covered properties: the notice section of the CARES Act (15 U.S.C. 9058(c)) has no end date in its text and says a landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. Covered properties include those in federal housing programs and those with a federally backed mortgage.
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Send your next notice with proof
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