Is your tenant delinquent on the rent?

In many states, a 5-DAY NOTICE TO QUITis the first step in processing tenants who are not paying rent. You can download this form free from our web site.

This notice tells the tenant to pay unpaid rent or quit (leave) the premises. It should be served by a landlord on a tenant who is in arrears with rent payments, late charges and/or other amounts owing to the landlord pursuant to the lease or rental agreement. The tenant must pay the outstanding amounts by the date set out in the notice or vacate the rental property.

If the tenant does not pay the rent or move within the time stipulated in the notice, the landlord must file an eviction lawsuit, serve a summons on each of the tenants and obtain a judgment for possession.

If the landlord is committed to evicting the tenant, he or she should not accept a partial rent payment. If the resident has always paid the rent on time in the past, the landlord may want to accept a partial payment and keep the renter. This will help avoid costly and time-consuming eviction proceedings and will save the landlord time and money associated with cleaning the property and locating a new tenant.

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