Who must sign the notice?

An authorized landlord representative or attorney should sign. Signature must show authority; if signed electronically, retain the audit trail showing signer identity and authority.

Is electronic delivery valid?

Yes if the lease allows electronic service and the parties consent. ESIGN (15 U.S.C. ch. 96) and UETA support electronic signatures and records where permitted.

What if the tenant partially cures?

Document partial cures with dates and evidence. Evaluate whether the partial cure satisfies lease standards or whether additional remedial steps remain necessary.

Can a defective notice be cured later?

A procedural defect may be correctable depending on the lease and state law, but defects can delay enforcement and increase litigation risk.

Should the notice be notarized?

Notarization is uncommon for cure notices themselves; verify lease and state requirements. Notarization may help authentication but is not typically required.

What proof of service is best?

Certified mail return receipt, hand-delivery affidavit, email with delivery and read receipts, and an electronic audit trail are strong forms of proof.

Electronic Signature
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5 Day Notice to Remedy Breach of Non-Residential

5 Day Notice to Remedy Breach of Non-Residential

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

5 DAY NOTICE TO REMEDY BREACH OF NON-RESIDENTIAL LEASE AGREEMENT OR LEASE TERMINATES

TO: Tenant(s): FROM: Landlord

Address of Leased Premises:

PLEASE TAKE NOTICE: you are in default under the terms and conditions of your Lease Agreement, due to the following breach or breaches thereof:

You may cure the above stated default if, within the five (5) day notice period, the final day of which is the day of , , you:

If you fail or refuse to cure said default as outlined above to the satisfaction of Landlord/Lessor by the stated deadline, as Landlord/Lessor I may:

Issue a Notice of Termination of Lease Agreement and evict you, and/or
Take such other action as allowed by law.

THIS NOTICE OF DEFAULT IS GIVEN PURSUANT TO APPLICABLE LAW AND IN NO WAY IMPAIRS ANY OF THE OTHER REMEDIES OR RIGHTS OF THE LANDLORD / LESSOR, EITHER UNDER THE LEASE AGREEMENT OR UNDER APPLICABLE LAW.

If you have any questions please call at

Issued this the day of ,

Signed:
Landlord, or authorized agent

PROOF OF DELIVERY

A copy of this Notice was delivered to Tenant:

by hand

by registered/certified mail at the above address, which is:

the place designated by Tenant for receipt of communications;

Tenant's last known place of residence;

by posting prominently on the front door of the leased premises.

Notice delivered/mailed/posted by: Sign Name

Print Name

In his/her capacity as: Landlord/Lessor; Manager; Agent.

Notice delivered/mailed/posted on:

What the 5 Day Notice to Remedy Breach of Non-Residential Is

A 5 Day Notice to Remedy Breach of Non-Residential is a written demand from a landlord to a commercial tenant describing a lease violation and giving the tenant five calendar days to correct the breach or face further remedies. The notice cites the lease provision breached, states the required corrective action, and specifies the deadline. It preserves the landlord's contractual and legal rights while providing the tenant a short opportunity to cure before termination, damages, or litigation may be pursued.

Why this Notice Matters for Commercial Landlords and Tenants

A clear 5 Day Notice documents the alleged default, creates a record of service, and often is required by lease terms before pursuing termination or damages. Properly drafted notices improve enforceability and reduce procedural challenges in later disputes.

Who Typically Prepares and Receives This Notice

Landlords, property managers, leasing counsel, and commercial tenants encounter this notice when a contractual default occurs. It is part of ordinary lease enforcement workflows.

Commercial landlords and property management firms seeking to document lease violations and preserve remedies.
In-house legal teams and outside counsel preparing legally compliant notices and tracking service.
Commercial tenants who may receive the notice and need to evaluate, cure, or contest the allegation.

Use this guide to draft, deliver, and preserve the notice to help ensure procedural compliance and evidence preservation if the dispute escalates.

Essential Elements to Include in a Professional 5 Day Notice

A properly structured notice is concise but specific. Include lease references, an itemized description of the breach, a clear cure direction, a precise deadline, proof-of-service instructions, and a signed contact point for follow-up.

Lease Reference

Identify the lease by date, parties, and address so the notice ties to the correct contract and premises.

Description of Breach

Describe the conduct or omission with dates and factual detail sufficient to allow the tenant to identify the alleged violation.

Required Cure

Specify actions the tenant must take to remedy the breach, including any payments, repairs, or behavior changes.

Cure Deadline

State the five-calendar-day deadline with a clear UTC or local date format (MM/DD/YYYY) and time if applicable.

Service Instructions

Explain accepted service methods under the lease (email, hand delivery, certified mail) and where proof should be sent.

Signature Block

Provide the name, title, company, and date for the landlord or authorized agent who signs the notice.

Step-by-Step: Drafting and Serving the Notice

Follow these practical steps to prepare, sign, serve, and record a 5 Day Notice while reducing common procedural pitfalls.

01

Draft: Reference lease clause, state specifics, and clearly state the cure required.
02

Review: Have counsel confirm legal sufficiency and service method consistent with lease/state law.
03

Sign: Sign with authority; include contact details and retain a signed copy.
04

Serve: Deliver using methods allowed by lease and keep proof of delivery for the record.

How to Configure an Online Workflow for This Notice

Set up template fields, authentication, and delivery options in your e-signature platform to standardize notices and preserve evidence.

Field	Configuration
Authentication Level	Email + SMS code or ID verification where required by risk profile
Delivery Method	Email with read receipt, certified mail, and downloadable PDF
Automatic Reminders	Enable reminders before the cure deadline to prompt tenant action
Record Retention	Save signed PDF and audit trail in secured cloud storage

Where to Send and How the Notice Moves Through the Process

The notice lifecycle starts with drafting and ends with a retained signed record. Use consistent delivery channels and document proof of service.

Prepare Notice: Complete template fields and attach evidence supporting the alleged default.
Sign Electronically: Sign with authorized representative; preserve audit trail and certificate.
Deliver to Tenant: Use lease-approved methods and capture proof (email logs, certified mail receipt).
Retain Records: Store signed notice, delivery receipts, and related correspondence securely.

Digital Delivery and Platform Considerations

Choose a platform that supports secure signatures, audit trails, multiple delivery channels, and exportable evidence for court use.

File Formats: PDF and DOCX accepted; signed PDFs should include audit metadata
Integrations: Connectors for Microsoft 365, Google Workspace, Salesforce, and NetSuite reduce manual steps
Authentication Options: Email, SMS codes, or stronger ID checks depending on risk

Preserve the audit trail (timestamps, IP, signer identity) and export the final signed document with metadata for evidence preservation.

Key Time-Related Items to Track When Issuing a 5 Day Notice

Timelines determine when rights vest and when remedies become available. Confirm calendar days versus business days and any lease-specific extensions.

Issue Date:

Date notice is signed and considered ready for service

Service Date:

Date tenant actually receives notice or is deemed served

Cure Deadline:

Five calendar days from service date unless lease states otherwise

Post-Deadline Action:

Landlord may pursue contractual remedies after the cure period lapses

Record Retention:

Keep evidence of service and response for litigation or mediation

Milestone Timeline for a 5 Day Cure Notice

Track milestones numerically so each stage has a recorded outcome and time stamp for evidentiary clarity.

01

Stage 1: Draft Notice

Prepare detailed, lease-referenced notice and supporting evidence.

02

Stage 2: Serve Tenant

Deliver via authorized method and capture proof of service.

03

Stage 3: Observe Cure Period

Monitor tenant activity and collect cure confirmations or receipts.

04

Stage 4: Decide Next Steps

Evaluate cure sufficiency and consider lease remedies or litigation.

Common Mistakes to Avoid When Preparing the Notice

Serving the wrong party or an obsolete corporate name, which can void service and delay remedies.
Failing to state the cure precisely — vague demands invite disputes over sufficiency.
Using incorrect day counts (business vs calendar days) that change the cure deadline.
Neglecting to retain proof of service, audit trails, and supporting evidence for later enforcement.

Consequences of an Incorrect or Deficient Notice

Loss of Right: Procedural defects can forfeit immediate termination remedies.

Delay: Incorrect service methods cause remedial delays and added costs.

Increased Damages: Failure to timely address breach may magnify recoverable losses.

Court Rejection: Court may reject enforcement if notice does not meet lease/state rules.

Additional Fees: Landlord may incur extra attorney and filing costs.

Evidentiary Risk: Missing audit trail weakens proof in disputes.

How a 5 Day Commercial Cure Notice Compares to Residential Cure Notices

Commercial and residential cure notices differ by statutory protections, typical deadlines, and applicable service rules.

Notice Type	5 Day Notice (Commercial)	Residential Cure Notice
Purpose	enforce lease terms	comply with tenant-protection statutes
Governing Law	contract law / ueta	landlord-tenant statutes
Typical Deadline	five calendar days	varies by state and statute
Service Method	per lease (email, mail, hand)	statutory methods often mandated

eSignature Pricing and Capabilities for Serving and Signing Notices

Compare common vendor price points and key capabilities for preparing, signing, and delivering legal notices electronically. signNow is listed first per comparison guidelines.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies	Varies	Varies

Real-World Examples of Digital Notice Workflows

These brief examples illustrate how organizations standardize notice preparation and delivery using digital workflows and secure records.

Optica Ventures LLC (Brian Fitzgibbons)

Optica standardized commercial notices using templates and audit logs to ensure consistent delivery.

They reduced administrative follow-ups with automated reminders.
As a result, the team documented service reliably and shortened dispute resolution timelines while preserving admissible records for enforcement.

Martin Properties (Tim Martin)

Martin Properties processes notices completely online and keeps signed copies for each property.

They rely on exported audit trails for court exhibits.
This approach improved internal coordination and made it easier to show timely, documented attempts to cure prior to escalation.

Supporting Documents to Attach with the Notice

Attach evidence that substantiates the breach to give the tenant a fair opportunity to cure and to strengthen later enforcement.

Lease Excerpt

Include the specific lease clause cited so the tenant can see the contractual basis for the demand.

Invoices / Rent Ledger

Attach billing statements, unpaid invoices, or a rent ledger showing amounts owed and due dates.

Photographs / Reports

Provide photos, inspection reports, or vendor assessments that document alleged physical defaults or damages.

Correspondence Log

Include prior emails or notices showing prior communications and opportunities to resolve the issue.

Frequently Asked Questions About the 5 Day Notice

Answers to common questions about drafting, serving, and enforcing a 5 Day Notice for non-residential leases.

Need help? Contact support

Who must sign the notice?
An authorized landlord representative or attorney should sign. Signature must show authority; if signed electronically, retain the audit trail showing signer identity and authority.
Is electronic delivery valid?
Yes if the lease allows electronic service and the parties consent. ESIGN (15 U.S.C. ch. 96) and UETA support electronic signatures and records where permitted.
What if the tenant partially cures?
Document partial cures with dates and evidence. Evaluate whether the partial cure satisfies lease standards or whether additional remedial steps remain necessary.
Can a defective notice be cured later?
A procedural defect may be correctable depending on the lease and state law, but defects can delay enforcement and increase litigation risk.
Should the notice be notarized?
Notarization is uncommon for cure notices themselves; verify lease and state requirements. Notarization may help authentication but is not typically required.
What proof of service is best?
Certified mail return receipt, hand-delivery affidavit, email with delivery and read receipts, and an electronic audit trail are strong forms of proof.

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