If you are a landlord, you are required to post an unpaid rent or past due rent notice before you try to evict a tenant legally.
The past due tenant notice must include specific information, like the property address, dates for which the tenant owes rent, the total amount owed, how the tenant can pay when the landlord will take action if they do not receive payment, and the property owner or management company’s contact information.
Read this guide to learn more about what to include in a past-due rent notice.
The notice tells the recipient how much rent they owe, what timeframe the past due rent covers, how much the tenant has to pay the landlord to remain in the property, and the last day they have to get their things out of the apartment or face eviction.
In most states, a landlord must give tenants three days to pay or move out before they can start the legal eviction process.
If tenants move out before the notice period ends, they can avoid eviction. However, they may still owe money after they move out.
When you serve an unpaid rent notice to your tenant requesting that they pay back owed rent, you must include specific information for the document to abide by landlord-tenant laws for eviction.
NOTICE TO: (Tenant Name), TENANT in possession, and all others:
TAKE NOTICE THAT:
Please note that if I have to commence legal proceedings to recover the rent, this letter will be tendered to the court as evidence of your failure to attempt to resolve this matter. Furthermore, you may be liable for court costs, legal fees, and property damage.
If you have any questions, please get in touch with me at (Your Contact Information).
THIS NOTICE TO PAY RENT IS GIVEN UNDER THE APPLICABLE LAWS IN THE STATE OF (State of Property) AND IN NO WAY IMPAIRS OR LIMITS ANY OTHER REMEDIES OR RIGHTS THE LANDLORD MAY HAVE UNDER THESE LAWS.
(Your Contact Information)
In addition to including the information above, you must correctly post the notice by affixing it to the front door in an envelope addressed to the tenant. If you do not properly post the letter, you may have to start the process over if you need to evict the tenant.
If the tenant does not remedy their rent or vacate the property after serving an unpaid rent notice, you would need to file a legal eviction with the court in the jurisdiction where the property lies.
You cannot forcibly remove a tenant from the property even after serving a notice to vacate without going through the proper legal channels. Doing so can leave you liable for damages to the tenant.
When it comes to writing an unpaid rent notice, you need to be sure to include the correct information. It is better to include more details regarding the unpaid rent, property, tenant, and other applicable details than less because an omission of specific details could result in a judge requiring you to reserve the notice.
Furthermore, when writing the notice, you must ensure that all information is accurate. Inaccurate information can also cause legal troubles if you have to go through the legal eviction process.
For help with other rental property ownership topics, like how to evict someone without a lease, read the other guides on our site.