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Date of notice, Address of property and unit number (if any), Date lease will end (more than 5 days after the date of the notice), Amount owed (not including costs and fees), and. That the tenant has 5 days to pay in full.
A 5-day notice means that the tenant is entitled to 5 full days to make payment in full of the past due rent. That means if you serve the notice on the 15th of the month, the tenant gets the 16th, 17th, 18th, 19th, and until midnight on the 20th. You cannot file the lawsuit until the 21st.
An eviction is a process landlords may begin when they believe a tenant has violated the lease, and they want the tenant to fix the problem or leave the apartment. The process usually begins with a notice giving the tenant at least 5 days to fix the problem, and may eventually end up in small claims court.
There are basically 4 ways in which you can legally serve a tenant with a 5-Day Notice To Pay Rent or Vacate. First, you can personally serve the tenant with the notice. Second, you can serve them by what I refer to as a “substituted” service. Third, you can “post and mail” the notice to the tenant.
The landlord does not have to accept the rent even if you offer to pay. If you have a lease for a year or less: The landlord must give you a 5-day notice telling you to pay the rent in 5 days or move. If you pay within the five days, the landlord must accept the rent and can't evict you.
A five-day notice is effective once five days have passed and the tenant has not paid the rent and possibly any late charges that are due. Eviction proceedings can be filed shortly upon the expiration of the five-day period
While the Eviction Act requires that the 5-day notice be in writing, nothing in the eviction act requires that the notice be notarized.
The Notice must be signed and dated and properly served.
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