A ‘Notice to Quit or Pay Form’ is a document that is sent out to a tenant who has not remitted his rent as per the lease agreement. It is served when the tenant has defaulted for too long and shows no sign of making a comeback.
This document usually precedes the eviction exercise and is delivered around 10 days before the onset of an eviction exercise. The failure to honor the notice may lead to forcible evictions pursuant of course to a court order. This notice covers all rental lease agreements as it is universal scope-wise.
How to send the ‘Notice to Pay or Quit’
Before you set out to fill this particular form, there are a number of issues that you have to take care of. You have to check out for the state laws to ascertain how long the tenant will have to vacate your premises and remit any outstanding dues. That is because each state has its own timeline within which to pay any outstanding dues and the late charges.
Now proceed to follow these steps to actualize the filling of the form:
Step I: Download the form
You will first and foremost start with downloading the form. Access the form from here:
Print a hard copy version of the form to be able to proceed with its filling. Take your time to read through the form carefully. Be sure to understand every bit of it. In case you encounter any gray areas which need clarification, do not hesitate to ask for further assistance.
Step II: Fill out the form appropriately
This is the core of the whole process. It is at this stage that you have to fill the form to the latter. In the first paragraph, you will have to specify the recipient as well as the piece of property in dispute.
This requires that you enter the precise pieces of information regarding the two parties. Among these are the names of the tenants, his social security number, the physical address of the said piece of property, and the city or state wherein the said pieces are located.
Step III: Compel the tenant to remit the outstanding dues
In the second paragraph, you have to compel the tenant to remit the outstanding dues. Remind him when exactly the contract came to being and the sum total money he owes you. Then, tell him when exactly he ought to pay the last installment or all of the dues. Tell him that the failure to honor that obligation will lead to automatic forfeiture of the premise and the accompanying pieces of property.
By law, you are required to specify the precise reasons why you have deemed it appropriate to issue the notice.
Step IV: Append your Signature
Lastly, append your signature. By doing so, you in a way state that you will institute legal proceedings against the tenant if he opts to give up occupancy of the premise in the contest. The aim of the litigation shall be to recover the rental income which will have accrued by then. This shall also include the statutory charges that shall arise from the entire dispute.
After you have done your part, turn over to the next page. This is the ‘certificate of service’ page. It showcases that you indeed served the tenant in question with the notice. You need not fill it out on your own. An agent whom you appoint to act on your behalf may fill it.
Regardless of how you choose to deliver the form to the tenant, you have to choose the right channel. The registered mail is the most preferred channel of delivery due to its ability to keep the records. For further clarity, you should also paste the notice on the front door of the tenant’s house.
Thing a landlord should avoid
Avoid Threats and Harassments
You should avoid issuing threats and harassments. Many states do have laws in place which act to safeguard the tenants from all forms of threats and mistreatments from the landlords. The last you would want to happen is to be taken to court to answer charges.
Desist from taking Pre-emptive Steps
No matter how much arrears your tenant owes you, it is important that you desist from taking pre-emptive courses of action. Every action you take in pursuance of the tenant has to be anchored in the law. Of utmost importance should be the timelines that are stipulated for those very issues.
Restraining your Tenant from Accessing his Premise
Lastly, you should never attempt to restrain your tenant from accessing his premises in the event of late payment or arrears. Instead, be patient and wait for the timelines to lapse before doing so. Even then, you still have to obtain a court order before acting.
PS: To be on the safe side of issues, we advise that you familiarize yourself with the laws that govern tenant-landlord relationships in your state. That way, you will never go wrong at all. Obviously, you have to abide by those laws to the letter for the best outcomes.