A 5-day eviction notice form gives tenants 5 days to comply with the eviction notice and remain in the rental unit, or to move out of the rental unit within the 5-day notice period, and could apply to the following eviction types: nonpayment of rent, illegal activity, and lease violations, among others.
5-Day Eviction Notices by State
The chart below indicates which states use 5-day eviction notices, what type of eviction the notice is used for, and whether tenants can cure the violation and remain in the rental unit.
|State||5-Day Notice Used For:||Ability to Cure?|
|Alaska*||1) Illegal activity
2) Non-compliance (2nd violation)
3) Failure to pay utility bills
3) Must be paid within 3 days
|Arizona||1) Nonpayment of rent
2) Material health/safety violation
|Colorado*||1) Nonpayment of rent
|Delaware||Nonpayment of rent||Yes|
|Hawaii*||1) Nonpayment of rent
2) Illegal activity
|Illinois||1) Illegal activity (all class X felonies)
2) Nonpayment of rent
|Louisiana||1) Illegal activity
3) Nonpayment of rent (written leases)
4) Termination of tenancy (week-to-week)
|Montana||Non-compliance (2nd violation within 6 months)||No|
2) Termination of tenancy (at-will tenants)
|Oklahoma||Nonpayment of rent (less than 3 months’ past-due)||Yes|
|Rhode Island||Nonpayment of rent||Yes|
|South Carolina||Nonpayment of rent||Yes|
|Utah||Termination of tenancy (at-will tenant)||No|
|Virginia||Nonpayment of rent||Yes|
|Wisconsin||1) Illegal activity
2) Nonpayment of rent (leases under 1 year/at-will tenants)
3) Non-compliance (leases under 1 year/at-will tenants)
4) Imminent harm
Illegal drug activity where perpetrator is not the tenant—5 days’ notice
All other criminal activity—10 days’ notice
5 days’ notice is only given if the tenant failed to correct a “common” nuisance after 24 hours’ notice.
5 days’ notice is only given if the tenant’s landlord owns five or fewer rental properties.
In Alaska, landlords are required to give at least 24 hours’ notice, but not more than 5 days’ notice, for illegal activity.
The Most Commonly Used 5-Day Eviction Notice Forms
The most common 5-day eviction notice forms are for:
- Nonpayment of rent
- Illegal activity
- Termination of tenancy
We take a look at each one in more detail below.
Nonpayment of Rent
An eviction notice form for nonpayment of rent explains that the tenant is past-due on their rent payments and will need to move out within a certain number of days.
Some states require the landlord to give tenants an opportunity to pay the overdue rent amount in order to avoid eviction. In that case, the notice should state that the tenant can pay the amount owed within the legally allowed timeframe and remain in the rental unit.
If a tenant fails to pay the past-due amount within the legally allowed timeframe, and remains in the rental unit, the landlord can proceed with the eviction process.
In states where the tenant does not have the ability to avoid eviction through payment of past-due rent, the landlord can proceed with the eviction process if the tenant remains on the property after the notice period expires.
An eviction notice form for non-compliance explains that the tenant has violated a term of the rental agreement/lease, or is non-compliant with tenant requirements in the state’s landlord/tenant laws.
Non-compliance issues could range from having a pet in the rental unit when the lease prohibits pets, to causing damage to the rental unit, and even having too many people living in the rental unit.
Some states require the landlord to give tenants an opportunity to cure the violation in order to avoid eviction. In that case, the notice should state that the tenant can avoid eviction by performing specific actions within the legally allowed timeframe and remain in the rental unit.
If a tenant fails to comply with the eviction notice requirements within the legally allowed timeframe, and remains in the rental unit, the landlord can proceed with the eviction process.
In states where the tenant does not have the ability to avoid eviction by curing the violation, the landlord can proceed with the eviction process if the tenant remains on the property after the notice period expires.
An eviction notice form for illegal activity explains that the tenant will be evicted for their involvement in some type of illegal activity.
Most states don’t allow a tenant to avoid eviction in this situation, although some states will halt an eviction if the tenant can prove they were not involved in the illegal activity and that they were unaware that their guests or other occupants of the rental unit were involved in illegal activity.
Termination of Tenancy
When a landlord wants to end a tenancy, such as week-to-week or month-to-month, the landlord must typically give tenants notice before evicting them. This can also include tenants without a written lease, periodic tenancies, and/or at-will tenants.
With this type of notice, typically the tenant has done nothing wrong, but the landlord simply doesn’t want to renew the lease/rental agreement for whatever reason.
Typically, this type of notice is not curable, meaning tenants will have to move out.
The amount of time required in the notice may depend on when rent is due (the rental period), the type of tenancy, and/or how long the tenant has lived in the rental unit.