NOTE: The rent cycle is the number of days between scheduled rent payments. By convention, monthly rent is considered to be a 30-day cycle.

COMPLETING THE FORM:

Click Here to open and print the form we will be filling out together.

      Let's first fill out a typical 3-day Notice to Pay Rent or Quit. This is very similar to those used in California, Florida and many other states. It is always best to use a typewriter in an actual court case (Some courts are rather stuffy about this and may not accept hand-written pleadings). Type if you can, if you do not have access to a typewriter, print carefully and clearly using even pressure and checking to make sure that any carbon copies will be sharp and legible. We will start with the name and address of the tenant on the lines following the word "To".

TO: ____________________       ____________________       ____________________

OK, now let's fill in the appropriate amount, dates and address of the property in the tenant's possession. Enter the rent due at the $-sign. Do NOT pro-rate the rent. If $800 was due on the 1st of the month and today is the 3rd, enter $800. (If a judge disagrees, argue that you rent by the month, not by the day like a hotel. Daily rates would be much higher.)

You are hereby notified that the amount of $ _______________ is now due and payable representing rent due from __/___/___ until __/___/___ for the property described as ______________________ along with all storage and garage areas.

OK, now let's finish the form by filling in the date and affixing your signature.

Demand is hereby made that you pay said rent IN FULL within three (3) days or quit the premises. You are further notified that if you fail to pay or quit, legal proceedings will be instituted against you to terminate your rental agreement or lease, to recover possession of said premises and to recover rents, court costs, attorney fees, and damages as specified in your rental agreement or lease.  NO PART PAYMENT OF RENT WILL BE ACCEPTED  Dated this ____________ day of ___________ , _________  Signed ___________________________________________                                 Owner or owner's representative

NOTE: It is a good idea to type or print your name, address and phone number below your signature. This form does not require it, but many states do.

      Before the actual run of any notice period can be calculated, you must decide how you wish the notice delivered. You normally have several choices, but be sure to use a service acceptable under your state law. For example, many states allow service of a Notice to Quit by First-Class Mail, a few still require Certified Mail with a return receipt.

      Now, let's fill out our affidavit or service that will be necessary to prove that the tenant received the notice required by our state law. You will enter the name of your state and county. Then, on the line after the word "I" type or print the name of the person who actually served the notice, followed by their signature. In most cases the person who actually serves notice on the tenant can be you, but it doesn't have to be. Now enter the date of the service and check the appropriate box.

      NOTE: In an actual eviction, the affidavit must be signed in the presence of a Notary Public. That Notary will complete the balance of the form.

AFFIDAVIT OF SERVICE  State of _________________ County of __________________________, I, ____________________________________________, declare under penalty of perjury that I served the above notice on the tenant named above on the __________ day of _____________, ______  in the following manner:  By handing of a copy thereof to the above named tenant.  By delivering of a copy thereof to ___________________________, a person above the age of 18 residing at the above premises.  By posting a copy thereof in a conspicuous place on the above premises, no one being in actual possession thereof.  By sending a copy thereof by certified mail to the tenant at his place of residence. State of ___________________ , County ss: Subscribed and sworn to before me this ____ day of __________ , ________ _____________________________ Notary Public Notary Seal                           Signed _________________________

       NOTE: The first choice of service listed above is called "Personal Service". That is often the choice preferred by courts, but if you are doing it yourself it means that you must personally hand the notice to the tenant. That can lead to a confrontation with the tenant at a time when the problem is best handled by the law and could lead to unpleasantness, even physical violence. Using the other choices are is termed "Substitute Service". The second choice, handing the notice to person in the household other than the named tenant and is sometimes NOT a good choice either. The 3rd choice is posting and should only be used if the fourth, "Certified Mail" doesn't work. Many states allow "1st Class Mail" and we believe that is very much the best, if your state law permits it. Using the mail avoids all contact with the tenant and cannot be avoided or denied. It only requires that you place the carbon copy of the notice in an envelope addressed to the tenant at the subject premises and that postage for 1st class mail be affixed. While not necessary in all states, it is strongly suggested that it then be taken to the post office and that a 1st class mailing receipt be obtained.

      The other Notices to Quit are very similar. Here are a few notes on the differences. Otherwise fill them out just as we did the Pay Rent or Quit Notice above:

       The reason for Notice or Termination may require special form in some states, but will more likely just contain boxes that can be checked indicating the section of state law you are relying on to evict or terminate tenancy.

      When the appropriate form has been typed, signed and is ready, separate the copy that will go to the tenant and proceed with the method of service you have selected. Make two copies of the original if there is one tenant involved. If more than one tenant's name will appear on these papers, make 2 copies for each additional tenant. If you have chosen to use mail, place the tenant's copy in an envelope that has been addressed to the tenant at the rented premises, attach the required postage and take it to the post office. Take it to a window or clerk to send it Certified or to obtain a 1st class mailing receipt from the clerk, and deposit the letter with that clerk.  

      Put the 1st original and your copy in a safe place. They must be filed with the court at the right time.

COUNTING THE DAYS 

Monday     Notice mailed

Tuesday . . . . . . . . . . Day Zero

Wednesday . . . . . . . .  Day One

Thursday . . . . . . . . . . Day Two

          Friday . . . . . . . . . . . .Day Three

Saturday,  Notice expired and next step may be taken. 

      If the Notice is delivered personally to the tenant, Day Zero will be the day of delivery. When you are using Termination of Tenancy the days of notice will equal the number of days in the rent cycle. Using exactly the same counting system, count through Day Seven, Day Fourteen, Day Fifteen, or Day Thirty, as the case may be. Remember that Day One will always be the day after the tenant can be presumed to have received the notice and that the next step can be taken on the day after the last day of the count.

IMPORTANT NOTE: Many courts have taken the position that court rules require that copies of Notices and written leases, if any, be attached to each set of Summons and Complaints. That requirement is likely to include even any expired leases and written modifications, amendments and addendums that were ever executed relative to the tenancy at issue.

Stipulated Judgment

      Many tenants will not want to endure an eviction through the courts. There could be several reasons, but one very good reason is that they do not want an eviction on their record. A landlord's primary goal is to regain possession of their property so that it can be rerented and should not be to go to court if it can be avoided.

      An alternative to the time-consuming eviction process is the stipulated judgment, in which the tenant agrees to move and make payments over several months. This judgment is recorded with the court. If tenant does not vacate by the promised date, the court automatically issues a writ of possession without a full eviction proceeding; a lengthy trial is thereby avoided.

       The end of the notice period is a good time to discuss this option with your tenant and explain that otherwise you intend to start the lawsuit immediately.