This form, sometimes referred to as a late rent payment notice, can be utilized for residential properties or a commercial building if a tenant has defaulted on their lease agreement. By informing your tenant in writing to pay or quit you are placing an ultimatum on their tenancy. AAOA"s non payment of rent notice informs the tenant they are required to pay rent for the premises or vacate and surrender possession. When a tenant receives the notice to pay rent or quit they make take it personal but the law provides the use of this form as a protection for landlords to recover lost rent or possession of property.
When filling out the pay or quit notice take your time to ensure you enter accurate details as this is an important process. If a mistake is made please start a new form so you don't encounter any issues with the tenant or court. This late rent notice PDF file makes it easy to generate a new one and start over.
Part of your responsibilities will be to provide the court with proof of service for non payment of rent should your case go to court. This non payment of rent notice includes three (3) options to state how notice was served:
- Personal Service, meaning someone personally delivered the notice to the tenant
- Substituted Service, meaning a copy of the notice was left with someone of suitable age at the tenant's residence or their usual place of business as well as having a copy mailed
- Post and Mail, meaning a copy of the notice was placed in a public location on the premises where the tenant would see it and mailed to the tenant
It is important you legally abide by any statutes as well as the rules of the court. You may find a tenant will take legal action against you to remain in the rental unit including, but not limited to, improper handling of repairs, claims of discrimination, and more. Prior to posting a notice to pay rent or quit check your state's landlord tenant law for additional information and consult with an attorney.
The notice to pay rent or quit form does not require information regarding any deposits held. However, depending on federal (or your specific states) landlord and tenant law, you may be required to itemize the security deposit during the eviction process. A judge will ask that you return any unused portion of the security in a reasonable period of time. Have an attorney help review the provisions in your lease agreement regarding security deposits and how you can apply those funds toward unpaid rent, damages and repairs, or even an outstanding utility bill.
In lieu of a deposit you may want to consider LeaseGuarantee. LeaseGuarantee is offered as a security deposit supplement and the LeaseGuarantee Analyzer is included with every tenant credit check ordered that includes credit and eviction data.
AAOA's landlord-tenant forms, tenant screening, resources, and website are to be used as a guide only. The services our office provides access to are meant to supplement your education surrounding property management.