A five-day notice form is simply a document which is sent by a landlord or a property owner to a tenant who has failed to meet and comply with the terms and obligations defined in the lease agreement. This notice form will only grant the tenant a maximum of five calendar days to either pay the rental fees or vacate the leased property. If the tenant will remain in property without paying and will refuse to vacate and move out, the landlord can then file another type of lease form known as an eviction notice which will be executed on the same day it is received by the tenant.
Five-Day Notice for Non-Payment of Rent Form
Why Is a Five-Day Notice Form Important?
A five-day notice form is important to be made and be sent to the tenant due to the legal ground that it holds in the event that an eviction case will be filed in the court regarding the lease. With a five-day notice form, the landlord and the property owner will be able to have sufficient proof that he gave ample notice to the tenant or the resident in the property before he mandated the eviction and the termination of the lease. The notice form will also prove that the tenant did not produce any action that will result in him being permitted to remain the property that he renting in during the period or the days stated in the notice that the landlord sent.
Therefore, five-day notice forms are useful in proving claims and in settling arguments regarding obligations and chances that a landlord and a tenant have dealt with during the period of the lease.
Five-Day Notice To Vacate Premises Form
How to Create a Basic Five-Day Notice Form
Making a five-day notice form is easy, however, it should be able to collect the important pieces of information that a landlord and his tenant will need to communicate properly regarding the notice. To begin creating a basic five-day notice form, the steps below must be followed:
Step 1: Indicate the title of the notice.
There are different variations of five-day notice forms which is why there must be a title at the topmost portion of the form to identify whether the notice was from the owner or from the landlord. Along with the title can be an underline allotted for the date of when the form will be used and the document reference number to organize the forms which are sent to the tenants if there are a huge number of tenants in the landlord’s property.
Step 2: Allocate a section for the identification of the tenant.
This section should be able to gather the data of the tenant in order to properly identify who the recipient of the notice is. In this section, the tenant’s full name, address, and apartment number in the property of the landlord will be some of the information to collect. To make this section, lines and placeholders must be used in place of the data which will be written or be filled out by the sender of the notice.
Step 3: Add a notice statement.
The notice statement will serve as the body of the form which will define and explain the subject of the notice. In the statement, the sender must clarify why the notice is sent as to whether it is due to unpaid rent or due to a violation that the recipient or the tenant must correct. If the objective of the notice is to inform the tenant of his unpaid rent beyond the due date stated in the signed lease agreement, then the total amount to be paid by the tenant must be indicated along with the fees if there are any applicable fees for the failure in providing the payments on time. On the other hand, if the purpose of the notice is not related to the rental fees and payments of the tenant, then the reasons must be enlisted in this section of the form.
Step 4: Enlist the actions or procedures to be taken.
The specific procedure that the tenant must take in lieu of the aforementioned purpose of the notice will be stated in this section of the form as well as the result if the tenant will not comply. Executing the laws of eviction is one of the most common cures that landlords or a sender will mandate in the event of the tenant’s refusal to conduct the actions required to be fulfilled for him to remain in the lease.
Step 5: Include a signature block.
A signature block must not only have an area for the signature of the sender but it should also indicate the name of the sender, his position or title in managing the property, and the date of when he signed the form. An area for the contact information of the sender can also be considered to be placed in the signature block or below it to inform the tenant of how he can reach out the sender for inquiring and asking further information about the notice.
In addition, a section at the bottom of the form can also have the date and time of when the notice form was sent or given to the tenant. This is to have a record that the tenant was indeed able to receive the notice or that the form was placed and tacked on the door of the tenant’s room or apartment depending on what type of property that the tenant is renting.
Landlord’s Five-Day Notice Form
Tips in Filling Out a Five-Day Notice Form
Landlords and property owners are individuals who have a lot of priorities in their hands especially if the rental property is not only a residential place for one tenant but for twenty and more tenants. This will require the landlord to continuously check on his tenants to ensure that they are accommodated well and that their requests and needs are catered. This hectic schedule can often lead to errors and mistakes when making various documents in relation to the tenant’s lease agreements and other forms. However, when it comes to filling out five-day notice forms, there is no room for mistakes which is why the following tips must be noted.
- Check and review the information. A single mistake in the name of a tenant will not hold a tenant legally liable and responsible for his responsibilities defined in the notice. This is the reason why the names of each tenant in the rental property of the landlord must be spelled correctly based on their legal identification cards such as their social security IDs and their company IDs. This is to avoid confusion as well especially if there are tenants in a property who may have the same first names but with different last names. In addition, the exact address of the tenant and where the notice will be sent must be correct as well to have an assurance that the notice will arrive at the tenant’s door once it is up for delivery.
- Re-calculate the amount to be paid. For five-day notice forms which are intended for informing a tenant of his unpaid dues, the amount that he is required to pay should be calculated well from the thousands to the cents. And to engage the tenant in the calculation of the amount, the list of items and their corresponding fees can be included in the notice.
- Properly define the time of the due. Some landlords and owners include the holidays as part of the five-day countdown to the end of the notice period, while there are some who prefer to count only the working days and not the weekends. This can confusing for any tenant and may result in miscommunication of when the exact date of the due is. This is why when indicating the number of days, the notice should state whether holidays and weekends are included or not.
Owner’s Five-Day Notice Form
How to Serve a Five-Day Notice Form
There are two known and legally accepted ways in serving a five-day notice form to a tenant. The first is by hand delivery wherein the sender, such as the landlord or the property owner himself, will go to the location of the tenant and give the notice personally to him. With this method of serving the notice is efficient since it will allow the tenant and the sender of the notice to communicate during the delivery of the notice. Questions will be answered directly and there can also be a possibility that the tenant can request for a stretch of the limited days defined in the notice form.
Another way to serve a five-day notice is by sending the form through a certified mailing service provider. Compared to the aforementioned method, this requires the landlord to allocate an additional number of days before the actual five-day count will begin since there is a likelihood that the mailing service provider will have delays in delivering the mail. In some States and countries, the five-day count will start on the day that the tenant has received the delivered mail through the carrier.
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