Eviction notices come in three basic varieties, each one related to different situations with a problem tenant. They are as follows:
Notice to Pay Rent or Quit: As the name suggests, this notice is used when a tenant has not paid the rent. It notifies the tenant that he or she must either pay the rent within a specified number of days (usually 3 or 5) or vacate the rental unit. Most problems end here if the tenant cannot pay; he simply moves out. If the tenant does neither, you can then start the eviction process. If you accept a rental payment from the tenant after he has been served with this notice, the termination notice is cancelled for that rental period.
Notice to Cure or Quit: If the problem is not the tenant's failure to pay rent but a violation of a term of the lease or rental agreement, you must send the tenant this notice, which gives him a chance to remedy the situation. Under the laws of most states, the tenant has a specified amount of time in which to correct or cure the violation. If the tenant fails to rectify the situation, you may begin eviction proceedings.
Unconditional Quit Notice: This notice is the harshest of all termination notices and can therefore only be used in a limited number of situations, which vary from state to state. This type of notice orders the tenant to vacate the rental unit within the statutory period (usually 5 to 10 days) and does not provide a grace period for the tenant to pay back rent or cure the violation of the lease or rental agreement. Under the law in most states, these notices are to be used only when the tenant has repeatedly violated a significant lease or rental agreement clause; been late with the rent on numerous occasions; seriously damaged the premises; violated the lease or rental agreement in such a way that the violation cannot be corrected; or engaged in serious illegal activity on the premises.
Remember: If the tenant fails to vacate the premises within the statutory time period, you must still bring eviction proceedings against him.
