When a renter misses key lease terms — whether it’s unpaid rent, unauthorized occupants, or severe disruption — you need more than a reminder. A 5-day notice to vacate is the formal, written document that gives a tenant five days to correct the violation or move out. It marks the first legally enforceable step toward terminating their lease and eviction.
In this article, we’ll show you:
- What a 5-day notice to vacate is and when to use it
- How to draft the notice correctly (so it holds up in court)
- Proper methods of serving and documenting the notice
- What happens after the five-day period expires and your next steps
By the end, you’ll have a ready-to-use template and the confidence to act quickly, while staying fair, consistent, and compliant with housing laws.
Quick Insights
- A 5-day notice to vacate is a formal written notice giving a tenant five calendar days to fix a lease violation (most commonly unpaid rent) or move out.
- The notice is typically the first legal step in the eviction process, and proper wording and delivery methods are required for it to be valid.
- Laws differ by state, but a valid notice must include the reason for the violation, the deadline, and any option to cure (if allowed).
- Property managers should document when and how the notice was delivered, since proof of service is often required if the case moves to eviction court.
- If the tenant does not comply within five days, the landlord may proceed with the next legal action, which often involves filing for eviction with the local court.
What’s a 5-Day Notice to Vacate Form?
A 5-day notice to vacate, sometimes called a 5-day notice to quit, is a formal legal document that tells a tenant they have five days to correct a serious lease violation or move out. If the issue isn’t resolved within that timeframe, the landlord can begin the next step in the eviction process by filing through the local court.
This notice is most commonly issued for unpaid rent, but it also applies to other major violations such as unauthorized pets, unapproved occupants, safety hazards, or significant property damage. Serving the notice creates a documented paper trail that protects you if the issue escalates to court, while also giving the tenant one final opportunity to fix the problem.
Because eviction laws vary by state, the required timelines, notice wording, and delivery methods can differ significantly depending on your location. Always check your local regulations before issuing a 5-day notice to ensure it meets legal standards.
When Should You Use a 5-Day Notice to Vacate?
A 5-day notice to vacate should be used for serious lease violations, not minor inconveniences or issues that can be resolved informally. The most common reason to issue this notice is non-payment of rent, which is often the quickest path to a lease violation.
Other situations where a 5-day notice is appropriate include:
- Unpaid rent
- Unapproved occupants
- Unauthorized pets
- Property damage
- Illegal activity
- Safety hazards
- Excessive noise complaints
Acting quickly and consistently is critical. Each notice should be supported with specific dates, documented evidence, and copies for your records. This documentation becomes essential if the issue escalates to an eviction hearing (and can also help prevent evictions), where a clear and organized paper trail is often your strongest defense against disputes or conflicting claims.
Key Elements of a 5-Day Notice to Vacate Form
A 5-day notice to vacate must be clear, complete, and legally precise. Courts may reject a notice that’s missing key information, written ambiguously, or improperly delivered—giving the tenant grounds to challenge it. To keep your notice enforceable, make sure it includes every required detail.
At a minimum, a valid 5-day notice should include:
- Landlord or property manager information: Your name, business name (if applicable), address, and contact details.
- Tenant and property information: The tenant’s full name, unit number, and the full rental property address.
- Date of issuance: The exact date the notice is officially served. This determines when the five-day countdown begins.
- Clear reason for the notice: Be specific—state whether the issue is unpaid rent, an unauthorized pet, unapproved occupants, property damage, or another serious lease violation.
- Remedy options: What the tenant can do to fix the violation (if applicable), such as paying overdue rent or correcting the issue. If your state does not require an opportunity to cure, specify that the notice requires the tenant to vacate.
- Deadline for compliance: A precise date (and, when required, time) that is five calendar days from the date of delivery, unless local law defines the timeline differently.
- Consequences of non-compliance: A clear statement explaining that failure to comply within five days will result in the landlord filing an eviction action with the court.
- Landlord signature: Your signature (or that of your authorized agent) to validate and finalize the notice.
Missing even one of these elements may cause the court to dismiss the notice and force you to restart the entire process, delaying resolution and weakening your position if the case proceeds to eviction.
How to Write a 5-Day Notice (Step-by-Step)
A 5-day notice to vacate is a formal legal document, and every detail matters. Small mistakes can weaken your position in court in the event of a costly eviction or give the tenant grounds to contest the notice. Follow these steps to write a clear, professional, legally compliant notice.
Step 1: Use a Professional Format
Start with a clean, professional document—not a handwritten note or casual message. Your notice should be typed whenever possible, with:
- Clear headings
- A structured layout
- All required fields
If you must handwrite the notice, ensure it is neat, legible, and fully compliant. The notice should look official, easy to read, and immediately recognizable as a legal document.
Step 2: Address the Tenant Correctly
List the tenant’s full legal name, unit number, and complete rental property address exactly as they appear on the lease.
Even small inconsistencies (nicknames, missing middle initials, or typos) can give a tenant an opportunity to challenge the notice later. Precision here helps prevent disputes down the line.
Step 3: Clearly State the Violation
Identify the exact violation from the lease agreement that triggered the notice. Common examples include:
- Unpaid rent
- Unauthorized pets
- Unapproved occupants
- Property damage
- Safety or health violations
- Excessive noise or repeated disturbances
Whenever possible, cite the specific clause in your lease agreement. This makes the reason for the notice clear, documented, and much harder to contest.
Step 4: Specify the Required Action
Explain what the tenant must do to remain in the unit. This may include:
- Paying all overdue rent
- Removing an unauthorized occupant
- Addressing property damage
- Stopping disruptive behavior
Keep this section direct, professional, and unambiguous. Clear instructions help prevent misunderstandings and protect you if the issue escalates.
Step 5: Set a Firm Deadline
Spell out the exact date—and, where required, the exact time—when the five-day cure period ends.
Avoid vague language like “within five days.”
Instead, be precise. Here is an example: “Payment must be received no later than December 15, 2025, at 5:00 PM.”
This eliminates confusion and helps courts determine whether the deadline was clearly communicated.
Step 6: Outline Legal Consequences
Inform the tenant of what will happen if they fail to comply by the deadline. Typically, this means stating that you will proceed with eviction through the court system if the issue is not resolved.
Clear consequences ensure the notice is enforceable and emphasize the seriousness of the situation.
Step 7: Sign and Deliver Properly
Sign the 5-day notice to vacate to make it official, then serve it according to your state’s legal requirements.
Depending on local laws, proper service may involve:
- Personal delivery to the tenant
- Posting the notice on the door
- Mailing it by certified mail
- Using a professional process server
Always keep a copy of the signed notice and any proof of service for your records. These documents are essential if the issue escalates to eviction court.
Free 5-Day Notice to Vacate Template
Use the template below as a starting point for creating your own 5-day notice to vacate. It includes the core fields and structure most states require, but you should always adapt the language, formatting, and delivery instructions to comply with your state and local eviction laws. Confirm your jurisdiction’s rules before serving the notice to ensure it’s valid and enforceable.
Landlord / Property Manager Information
Name: ______________________________________________
Business Name (if applicable): ______________________________________________
Address: ______________________________________________
Phone: ______________________________________________
Email: ______________________________________________
Tenant Information
Tenant Name(s): ______________________________________________
Rental Property Address: ______________________________________________
Unit #: __________________________
Date of Notice
Notice Issued On: ____ / ____ / ______
Reasons For This Notice
You are receiving this 5-Day Notice to Vacate because you have violated the terms of your lease agreement. The violation is described below:
Violation (check one and describe as needed):
☐ Nonpayment of Rent
Amount overdue: $_____________
Rent period(s) owed: ______________________________________
☐ Unauthorized Occupants
Description: ______________________________________________
☐ Unauthorized Pets
Description: ______________________________________________
☐ Property Damage
Description: ______________________________________________
☐ Health or Safety Violation
Description: ______________________________________________
☐ Other Serious Lease Violation
Description: ______________________________________________
Required Action
To remain in the unit, you must complete the following action within five (5) calendar days of receiving this notice:
Required Action:
☐ Pay all overdue rent stated above
☐ Remove unauthorized occupants
☐ Remove unauthorized pet(s)
☐ Correct the violation described above
☐ Vacate the rental property
Detailed Instructions (if applicable):
________________________________________________________
________________________________________________________
________________________________________________________
Deadline to Comply
You must comply no later than:
Date: ____ / ____ / ______
Time (if required): ____________ AM / PM
Consequences of Non-Compliance
If you do not correct the violation or vacate the rental property within five (5) days, the landlord/property manager will begin eviction proceedings (unlawful detainer action) with the local court.
Landlord/Property Manager Signature
I certify that this notice was issued on the date listed above.
Signature: __________________________________________
Printed Name: ______________________________________
Date: ____ / ____ / ______
Proof of Service (How This Notice Was Delivered)
(Complete after serving the notice. Check all that apply.)
This notice was served on ____ / ____ / ______ by:
☐ Hand-delivery to the tenant
☐ Delivery to a person ______ years or older residing in the unit
☐ Posting the notice on the front door (where permitted by law)
☐ Certified mail / Registered mail
☐ Other (describe): ______________________________________________
Server’s Name: ______________________________________________
Signature: ______________________________________________
How to Serve a 5-Day Notice to Vacate Properly
A 5-day notice to vacate must be delivered using a legally approved method, or it won’t be considered valid. Each state has specific rules for how the notice must be served, and courts generally require strict compliance before allowing an eviction case to proceed.
Most states permit one or more of the following service methods:
- Certified or registered mail
- Hand-delivery directly to the tenant
- Posting the notice on the property, typically on the front door, if no one answers (allowed only in certain states)
Because service requirements differ significantly across the country, always confirm your local regulations before delivering the notice. For example, in Illinois, landlords may:
- Hand-deliver the notice to the tenant
- Deliver it to someone 13 or older who resides in the unit
- Send it via certified or registered mail
- Post it on the door only if the unit is unoccupied
After serving the notice, document the delivery thoroughly. Courts require proof of proper service, so maintain records such as:
- Certified mail receipts
- Photos of posted notices with visible timestamps
- Witness-signed delivery logs
- Notes describing the date, time, and method of service
The more complete your documentation, the stronger your position will be if the situation advances to an eviction hearing.
What Happens After Issuing a 5-Day Notice?
After you serve a 5-day notice to vacate, the next steps depend entirely on how the tenant responds during the five-day window. Some renters correct the issue quickly, while others ignore the notice or push back. So, it’s important to be prepared for each scenario.
Tenant’s Possible Responses
Tenants typically respond in one of a few predictable ways:
- They fix the violation. In the best-case scenario, the tenant pays overdue rent, removes an unauthorized occupant, or resolves the issue within the five days. If so, the lease continues as normal.
- They reach out to discuss the notice. Some tenants may contact you to negotiate or request an extension. Whether you grant additional time is up to your discretion and local laws—just be sure to apply your standards consistently across all renters.
- They ignore the notice entirely. If the tenant doesn’t respond or take action, this usually signals that further steps will be necessary. Non-response is one of the most common signs that the situation may escalate toward eviction.
Next Steps if the Tenant Doesn’t Comply
If the five-day period passes without any resolution, your next step is typically to file for eviction in court, often referred to as an unlawful detainer action. This process generally requires:
- Submitting the appropriate court forms
- Including a copy of the properly served 5-day notice
- Providing documentation that the tenant failed to comply
- Following all local procedures for timelines, service, and hearing dates
Evictions can be time-consuming and costly, but strict compliance with your state’s rules helps prevent delays, procedural dismissals, or additional expenses. Courts often scrutinize every step—from how the notice was written to how it was served—so keeping a thorough paper trail is essential.
Protect Your Property the Right Way
Issuing a 5-day notice to vacate may feel daunting, but really, it’s all about remaining clear and consistent. Follow legal guidelines, act quickly if violations do occur, and keep detailed records to protect your property and credibility.
Use the free template we shared to make drafting the notice faster and more accurate. For tricky situations—like repeated violations or if you feel unsure about state-specific requirements, don’t hesitate to consult a legal professional so you can stay compliant.
And remember—while notices help resolve issues after they happen, Snappt helps you prevent them from the start. Use Snappt to verify income and IDs before a tenant signs the lease, so you can spend less time chasing down problem tenants and more time working with great ones.
See how Snappt can help you find great tenants from the start.
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