A 5 Day Eviction Notice Form schedules the termination of a tenancy by giving five days of advance notice before the tenant must move out.
Depending on the state and the specific rental situation, it may apply to “curable” situations (ones where the tenant can avoid termination through appropriate corrective action), like minor lease violations or nonpayment of rent. In some other situations, like terminating a week-to-week tenancy or evicting for illegal activity, the tenant cannot avoid termination and must move out.
5 Day Eviction Notices by State
This chart indicates which states use 5-day eviction notices, the situations which apply to this type of notice, and whether the tenant can “cure” the situation to avoid termination:
| State | Terminates What Kind of Tenancy? |
Ability to Cure? |
| Alaska * | 1) Tenancy engaged in illegal activity
2) Tenancy in noncompliance (repeat violation) 3) Tenancy failing to pay utility bills |
1) No
2) No 3) Yes |
| Arizona | 1) Tenancy with nonpayment of rent
2) Tenancy with material health/safety violation |
1) Yes
2) Yes |
| Colorado * | 1) Tenancy with nonpayment of rent
2) Tenancy in noncompliance |
1) Yes
2) Yes |
| Delaware | Tenancy with nonpayment of rent | Yes |
| Hawaii * | 1) Tenancy with nonpayment of rent
2) Tenancy engaged in illegal activity |
1) Yes
2) No |
| Illinois | 1) Tenancy engaged in any class X felony
2) Tenancy with nonpayment of rent |
1) No
2) Yes |
| Louisiana | 1) Tenancy engaged in illegal activity
2) Tenancy in noncompliance 3) Tenancy with nonpayment of rent, on a written lease 4) Week-to-week tenancy |
1) No
2) No 3) No 4) No |
| Missouri * | Tenancy engaged in illegal activity | No |
| Montana | Tenancy in noncompliance (repeat violation within 6 months) | No |
| Nebraska | Tenancy engaged in illegal activity | No |
| Nevada | 1) Tenancy in noncompliance
2) At-will tenancy |
1) Yes
2) No |
| Oklahoma | Tenancy with nonpayment of rent (under 3 months’ rent past due) | Yes |
| Rhode Island | Tenancy with nonpayment of rent | Yes |
| South Carolina | Tenancy with nonpayment of rent | Yes |
| Utah | At-will tenancy | No |
| Virginia | Tenancy with nonpayment of rent | Yes |
| Wisconsin | 1) Tenancy engaged in illegal activity
2) At-will or under 1 year tenancy with nonpayment of rent (leases under 1 year/at-will tenants) 3) At-will or under 1 year tenancy in noncompliance 4) Tenancy threatening imminent harm |
1) No
2) Yes 3) Yes 4) No |
States with Special Rules
Alaska
An Alaska landlord terminating for illegal activity must provide at least 24 hours’ notice, but not more than 5 days’ notice.
Colorado
A Colorado landlord who owns fewer than five rental properties is not bound by the 5 day notice requirement.
Hawaii
A Hawaii landlord must give 5 days of advance notice only if the tenant failed to correct a “common” nuisance after 24 hours’ notice.
Missouri
A Missouri 5 Day Notice To Comply or Vacate is required only for illegal drug activity where the tenant is not the perpetrator. All other criminal activity instead requires the use of a 10 Day Notice To Vacate.
Common Uses of a 5 Day Eviction Notice
These are the most common situations for a 5 Day Eviction Notice to terminate a tenancy:
- Nonpayment of rent
- Tenancy in noncompliance
- Illegal activity
- General termination of tenancy
Nonpayment of Rent
An eviction notice form for nonpayment of rent explains that the tenant has left some or all of the rent unpaid and will need to move out within a certain number of days. In most (but not all) states, the tenant may pay the balance due before the specified date, avoiding termination and eviction.
If the tenant does not pay the past due amount, or lives in a state where the landlord does not have to accept payment, then the landlord can proceed with the eviction process if the notice period expires and the tenant still hasn’t moved out.
Tenancy in Noncompliance
An eviction notice form for a tenancy in noncompliance explains that the tenant has violated a term of the rental agreement, or a local law. This might be for relatively minor issues like having a pet in the rental unit against regulations or parking in an unauthorized area, but can also apply to more serious situations like causing property damage.
Depending on the state and the issue, the situation may or may not be “curable.” A curable situation is one where the tenant can take appropriate corrective action by a specified deadline in order to avoid termination and eviction. If the tenant is not allowed to cure, or fails to cure by the deadline, the tenant must move out or face court eviction.
Illegal Activity
An eviction notice form for illegal activity explains that the tenant will be evicted for their involvement in some type of illegal act.
Since criminal acts are not something which the tenant can undo through corrective action, tenants generally can’t avoid being evicted for illegal activity. Some states will, however, halt an eviction if the tenant can prove their unawareness and lack of involvement in the illegal activity.
General Termination of Tenancy
When a landlord wants to end a tenancy, in particular a periodic tenancy like week-to-week, the landlord must give notice in order to terminate the rental obligations. This may also include rental situations without a written lease, and/or “at-will” tenancies.
With this type of notice, typically the tenant has done nothing wrong, and the landlord simply doesn’t want to renew the lease/rental agreement for whatever reason.