Landlords Using a Pay or Quit Form for Non-Paying Tenants.
Question
I’m a somewhat new landlord who has not previously had trouble with non-pay tenants. The tenants in one of my 4-plex units has not yet paid the rent that was due a week ago and a friend, also a landlord says that I should serve a pay or quit form. What is a pay or quit form?
Answer
The form that you reference is usually called a “Pay or Quit” notice. This is a notice that is served on a tenant who did not yet pay the rent for the current month or even for previous months. It informs the tenant that he/she should pay the delinquent rent(s) or vacate the premises within a certain number of days.
A few states require a grace period after the rent due date before the landlord can serve the notice. The length of the grace period is typically in the range of 3 to 15 days.
The number of days given in the notice for the tenant to pay or quit also varies among states, typically in the range of 3 to 30 days. If the tenant has not paid the delinquent rent by the end of the notice period, the landlord may file for eviction. In some states the notice period can vary depending on whether a fixed term or a month-to-month lease, the length of tenancy, or the time since the last previous notice was served.
A few states allow immediate filing for eviction when rent is not paid when due. A few states allow use of an “Unconditional Quit” notice, giving the tenant no option of remaining even if the back rent were to be paid.
The details of each state’s laws on the subject vary significantly and can include issues not mentioned above. It is important for a landlord to understand the laws of the state where the rental property is located.
You did not mention the name the state where your rental property is located. A form that can be used may be available on the LandlordOnline.com site.