5-Day Eviction Notice
Date: [Date of writing]
Parties: [Who Are Parties Agreement]. Legal representative: [Legal representative name].
The Landlord: [Landlord name], [Who Landlord Or Lessor], [Landlord address], [Landlord city], [Landlord state] [Landlord ZIP]
The Tenant: [Tenant name], [Who Tenant Or Lessee], [Tenant address], [Tenant city], [Tenant state] [Tenant ZIP]
Dear [Tenant name],
This notice is to inform you that you are hereby evicted from the premises at [Premises address], [Premises city], [Premises state] [Premises ZIP], which you occupy under the [Agreement title] dated [Agreement signing date]. The reason for this eviction is: [Reason Eviction].
Failing to pay rent of [Total unpaid rent] representing rent due for the period from [Period start date] to [Period end date] as well as a late fee of [Late fee amount] and [Other unpaid fees] of [Additional fee amount].
You are hereby given [Number of days to vacate] days to vacate the premises.
If you choose to remain on the premises after this date, we will begin legal proceedings to enforce your eviction. Please note that you will also be liable for any legal fees or court costs associated with the eviction process. Please contact us immediately if you have any questions about this notice or the eviction process.
Sincerely,
Landlord
[Landlord name]
Signature
Date: ________________
What Is a 5-Day Eviction Notice?
A 5-Day Eviction Notice in the United States gives formal notice of the sender's position or demand and the action required of the recipient.
The 5-day notice requirement is established by the landlord-tenant codes of states including Illinois (735 ILCS 5/9-209), Indiana (IC 32-31-1-6), Wisconsin (Wis. Stat. Section 704.17), and Colorado (C.R.S. Section 13-40-104(1)(d)). In Illinois, the 5-Day Notice statute requires that the notice demand only the specific amount of rent due and owing, and courts have strictly construed this requirement, dismissing eviction cases where landlords included late fees, utility charges, or other amounts beyond the base rent in the demanded total. Colorado recently amended its eviction procedures through HB 21-1121, requiring landlords to provide tenants with information about rental assistance programs on the notice itself.
The method of service for a 5-day notice must comply with state procedural requirements. Most states permit personal service, posting on the front door with a mailed copy, or service upon a person of suitable age and discretion residing at the premises. The five-day period is calculated differently across jurisdictions, with some counting only business days while others count calendar days. Getting the calculation wrong can invalidate the entire notice and delay the eviction process by weeks.
When Do You Need a 5-Day Eviction Notice?
A 5-Day Eviction Notice is required by law in specific states when a tenant has defaulted on rent payment obligations or violated material terms of the lease agreement. The most frequent trigger is non-payment of rent after the due date and any contractual grace period have passed. In Illinois, a landlord must serve a 5-day notice before filing suit under the Code of Civil Procedure, and the notice must be served before any other eviction step is taken.
Other situations requiring a 5-day notice include repeated late rent payments creating a pattern of default, unauthorized subletting of the rental unit in violation of the lease terms, violation of occupancy limits established by local housing codes, failure to maintain the premises in a condition that meets habitability standards as required by the tenant, and breach of specific lease covenants such as operating a business from a residential unit without authorization.
Landlords should be aware that certain tenants receive additional protections that affect the notice process. Properties participating in the Housing Choice Voucher (Section 8) program require compliance with HUD regulations at 24 CFR Section 982.310, which may require longer notice periods and specific procedural steps. Tenants in jurisdictions with just-cause eviction ordinances (such as Chicago's RLTO) may have additional defenses available. Serving a defective 5-day notice wastes valuable time, as the landlord must re-serve a corrected notice and restart the clock, potentially adding weeks or months to an already lengthy eviction process.
What to Include in Your 5-Day Eviction Notice
A legally compliant 5-Day Eviction Notice must include all elements mandated by the applicable state statute, as courts strictly construe notice requirements in favor of tenants. First, the notice must identify all tenants by their full legal names as they appear on the lease agreement, including any additional occupants who signed the lease. Second, the complete rental property address with unit or apartment number must be stated precisely.
Third, the notice must specify the exact nature and date of the default. For non-payment notices, this means listing the specific months of unpaid rent and the exact dollar amount due for each period, excluding any late fees, attorney fees, or other charges that are not base rent (as required in Illinois under 735 ILCS 5/9-209). Fourth, the notice must clearly state the tenant's options: pay the amount owed within five days, cure the violation within five days, or vacate the premises.
Fifth, the notice should specify acceptable payment methods and the address or location where payment can be tendered, as some state courts have dismissed evictions where tenants were not given clear instructions on how to pay. Sixth, a statement of legal consequences must inform the tenant that failure to comply within the five-day period will result in the landlord commencing eviction proceedings through the court. Seventh, the date of service must be clearly documented to establish when the five-day countdown begins. Eighth, the landlord must retain proof of service through a signed affidavit, process server certificate, or certified mail receipt with tracking. Finally, any locally mandated disclosures (such as information about tenant legal aid, rental assistance programs, or tenant rights hotlines required by municipal ordinances) must be included to avoid notice defects that could derail the eviction case.
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note = {Free legal document template. Based on Uniform Residential Landlord and Tenant Act}
}Also available for these jurisdictions:
Frequently Asked Questions
A 5-day eviction notice is a written notice a landlord gives a tenant providing five days to pay overdue rent or cure a lease violation before the landlord pursues eviction, with the specific use depending on state law. Many states require a landlord to serve a notice before filing an eviction case, and a 5-day notice is a common timeframe in certain states, often for nonpayment of rent, sometimes called a pay-or-quit notice. The notice typically states the amount of rent owed or the violation, the deadline of five days to pay or comply, and that the landlord will seek eviction if the tenant does not act. The required notice period, content, and method of service are set by state and local law, which vary widely, so the notice must comply with the rules where the property is located. Because proper notice is a prerequisite to a lawful eviction, the 5-day notice must follow the applicable legal requirements in order to support a subsequent eviction lawsuit if the tenant does not comply.
A 5-day eviction notice must be served using the methods permitted by state and local law, because improper service can invalidate the notice and undermine a later eviction. Permitted methods commonly include personal delivery to the tenant, substituted service by leaving the notice with a suitable person and mailing a copy, or posting and mailing when personal service cannot be made, but the acceptable methods and any required mailing differ by jurisdiction. The five-day period generally begins the day after service, and the way weekends and holidays are counted depends on the law. The landlord should retain proof of service, such as a signed declaration, since courts often require evidence that the notice was properly delivered. Because eviction is a legal process governed by strict procedures, serving the 5-day notice correctly is essential, and a service defect is a frequent reason eviction cases fail. Landlords should follow their state's service requirements precisely so the notice can support an eviction action if the tenant does not pay or cure.
After receiving a 5-day eviction notice, a tenant generally has five days to take the required action, which for a pay-or-quit notice means paying the overdue rent and for a cure notice means correcting the violation, or otherwise to vacate. If the tenant pays the full amount owed or cures the violation within the deadline, the tenancy usually continues and the landlord cannot proceed with eviction on that basis, though state rules differ on whether partial payment halts the process. A tenant who believes the rent is not owed, that the amount is wrong, or that there are habitability problems may have defenses to raise if the landlord files an eviction lawsuit. Given the short timeframe, the tenant should act quickly and keep records of any payment. Because the notice is a step toward a court eviction, a tenant unable to resolve the issue should be ready to respond to a court filing. Consulting legal aid or tenant resources can help the tenant understand their options and any defenses available.
If a tenant ignores a 5-day eviction notice and does not pay, cure the violation, or move out within the five days, the landlord may file an eviction lawsuit to obtain a court order for the tenant's removal. The landlord cannot legally remove the tenant or their belongings without a court order; self-help eviction measures, such as changing the locks, removing the tenant's property, or shutting off utilities, are illegal in nearly every state and can expose the landlord to liability. After the landlord files, the tenant is served with the lawsuit and may respond and raise defenses, and the court holds a hearing before entering any judgment. If the court rules for the landlord, a court officer such as a sheriff enforces the removal. Because eviction must go through the courts, the 5-day notice is only the first step in the process. A tenant who receives a court filing should respond by the deadline to assert any defenses, since failing to respond can result in a default judgment for the landlord.
A 5-day eviction notice is not the same in every state, because eviction notice requirements, including the notice period, the grounds, the required content, and the method of service, are governed by state and local law and vary significantly. Some states use a 5-day notice for nonpayment of rent, while others use a 3-day, 7-day, 10-day, or other period, and the rules differ depending on whether the issue is nonpayment, a curable lease violation, or an incurable violation. The content the notice must contain and how it must be served also vary, and using the wrong notice period or form can invalidate the notice and delay an eviction. Local ordinances, especially in cities with tenant protections or rent regulation, may add further requirements such as just-cause limitations. Because the rules are jurisdiction-specific, a landlord must use the notice period and form that the law where the property is located requires, and a 5-day notice appropriate in one state may not be valid in another. Confirming the local requirements is essential before serving any eviction notice.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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