If the tenant is late on his rent, how soon can I serve notice?
In most states, you can serve the tenant a Notice to Pay Rent or Quit as early as the day following the rent due date. As example, if the rent is due on the first day of the month, a notice may legally be served on the next day (day two), absent a grace period being specified in the lease or by a statutory grace period.
In some states if the tenant fails to pay his rent, a landlord can serve the tenant with an Unconditional Notice to Quit. An Unconditional Quit Notice may also be used by the landlord in some states if the tenant has been late with the rent more than once during a specified time period by statute.
Some state statutes may specify which type of Notice must be used for rent defaults while other states give the landlord a choice of which notice to use (Pay or Quit Notice or the Unconditional Quit Notice) for unpaid rent. The tenant does not have the option to choose the type of notice that would provide him more relief.