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3-Day Notice of Termination for Failure to Pay Rent

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3-Day Notice of Termination for Failure to Pay Rent
Non-Residential Lease

TO: Tenant(s): FROM: Landlord

Address of Leased Premises:

NOTE: Landlord is not required to give Tenant a chance to cure (by paying within the 3 day notice period).

Landlord must check one of the boxes below to indicate whether cure is allowed:

Yes, Tenant may cure by paying in full within the 3 day notice period.

No, Tenant may not cure, must ignore the curative language below, and must vacate by the deadline.

NOTICE IS HEREBY GIVEN that you are in breach of the Lease Agreement on the above described lease premises due to failure to timely pay rent when due. Except as provided below, within three (3) days after service of this notice upon you, you must pay in full to Landlord the rent and other charges now due and unpaid, as follows:

$

$

$

$

$

Payment will be accepted only by:

cash; money order; cashier’s or certified check; personal check

IF YOU FAIL TO TENDER FULL PAYMENT, your Lease will be terminated and you must surrender possession of the premises to Landlord. If you fail, within the three (3) day notice period, either to pay the total charges in full, or to surrender possession of the premises, legal proceedings will be commenced against you to recover possession and to recover a judgment for the rent and damages for your unlawful detention of the premises, and all costs of court including attorneys’ fees to the extend allowed by applicable law and/or the lease agreement. Surrender of the premises does not relieve you of liability for the outstanding balance.

The three (3) day notice period described herein shall expire at: o’clock on the Day of , 20 .

LANDLORD RESERVES ALL RIGHTS AND REMEDIES UNDER THE LEASE AGREEMENT AND UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO CONTRACTUAL DAMAGES FOR UNPAID RENT, AND NOTHING IN THIS NOTICE SHOULD BE CONSTRUED AS A WAIVER OR RELINQUISHMENT OF SAME.

If you have any questions, please call , at .

Signed, this the day of , 20 .

Signed:

Landlord/Lessor, 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:

Print Name

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

Notice delivered/mailed/posted on:

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What the 3-Day Notice of Termination for Failure to Pay Rent Is

The 3-Day Notice of Termination for Failure to Pay Rent is a formal written demand a landlord delivers to a tenant who has not paid rent when due. It notifies the tenant of the unpaid amount, states the deadline to pay or vacate (typically three calendar days), and warns that noncompliance may lead to eviction proceedings. Requirements for content, delivery, and permissible remedies vary by state; the notice is often a prerequisite to filing an unlawful detainer or eviction action in court.

Why This Notice Matters for Landlord and Tenant Rights

A clear 3-Day Notice documents the landlord’s demand, preserves statutory remedies, and offers a short cure period for tenants to avoid eviction. Properly completed notices reduce delays and help courts determine whether eviction filing is lawful.

Why This Notice Matters for Landlord and Tenant Rights

Who Typically Prepares and Receives This Notice

The notice is used by property owners, managers, and housing attorneys to enforce rent obligations while following state law.

  • Individual landlords and owners managing single-family or small multiunit properties who need a legally compliant demand for unpaid rent.
  • Property management companies who issue standardized notices across portfolios and track cure periods and service evidence.
  • Housing attorneys and local legal aid organizations who draft or review notices for statutory compliance and court filing readiness.

Both landlords and tenants rely on the notice as a documented step before eviction, so accuracy and proper service are essential.

Essential Elements to Include in a Professional 3-Day Notice

A properly drafted 3-Day Notice contains clear, verifiable details so it meets statutory form and serves as evidence if a court review is needed.

Tenant Identification

Full legal name of the tenant and any occupants, matching lease and government ID to avoid misidentification in court challenges.

Property Details

Complete rental property address and unit number so the notice unmistakably refers to the leased premises and not another unit.

Amount Due

Exact unpaid rent figure, including due date and any late fees authorized by lease or state law, with a clear subtotal.

Cure Instructions

Specific payment instructions (acceptable methods, where to deliver funds, and to whom) plus the final cure date expressed in MM/DD/YYYY format.

Legal Warning

A concise statement that failure to pay or vacate within three days will result in termination of tenancy and possible eviction filing.

Service and Signature

Method of service, date served, and landlord or agent signature with printed name and contact information for verification.

Required Information You Must Record on the Notice

Tenant Name: Full legal name
Property Address: Street, unit, city
Amount Owed: Numeric total due
Rent Period: Which month(s) owed
Notice Date: MM/DD/YYYY
Landlord Signature: Printed name and signature

Step-by-Step: Filling Out the 3-Day Notice

Follow these steps to prepare a legally consistent 3-Day Notice; adjust for any state-specific wording or statutory form requirements.

  • 01
    Identify Parties: Enter landlord and tenant full legal names and property address.
  • 02
    Calculate Owed Amount: List unpaid rent, allowed late fees, and total due with dates.
  • 03
    Set Cure Deadline: Specify the last day to pay, using MM/DD/YYYY and counting calendar days.
  • 04
    Sign and Date: Sign as landlord or authorized agent and record service method and date.

How to Configure an Online 3-Day Notice Workflow

Set up fields, authentication, and delivery steps to create auditable, repeatable notices when using an eSignature platform.

Field Configuration
Tenant Name Field Required text field, autofill from tenant record
Amount Due Field Numeric field with currency formatting
Cure Date Field Date picker MM/DD/YYYY
Service Evidence Attach signature/time stamp and server notes

Typical Process Flow from Notice to Court Filing

The usual workflow moves from preparing the notice to serving the tenant and documenting service before any court filing.

  • Draft Notice: Complete fields and verify dollar amounts.
  • Sign Notice: Landlord or authorized agent signs and dates.
  • Serve Tenant: Use permitted service method and record proof.
  • File If Needed: If no cure, prepare unlawful detainer filing with service proof.

Digital Signing and Integration Considerations

When using electronic tools, ensure the platform supports audit trails, secure storage, and acceptable authentication for your jurisdiction.

  • Authentication: Email link or SMS code
  • Audit Trail: IP, timestamps, and user actions
  • Integrations: CRM and cloud storage support

Confirm local rules permit electronic delivery for eviction notices; where e-sign is restricted, use physical service and preserve proof.

Timelines, Deadlines, and What to Expect

Time and counting rules determine when the cure period starts and when a landlord may file an eviction action; follow state statutes closely.

Cure Period Length:

Typically three calendar days to pay or vacate

Service Date Counts:

Count starts the day after proper service occurs

Court Filing:

Landlord may file after cure period expires without payment

Accelerated Remedies:

Some states shorten timelines for week-to-week tenancies

Recordkeeping:

Retain proof of service and payment attempts

Key Milestones from Notice to Resolution

Track each milestone to maintain a defensible record if eviction becomes necessary.

01

Notice Prepared

Draft and verify all amounts and dates.

02

Notice Served

Complete permitted service and note method.

03

Cure Window

Three calendar days for tenant to pay or vacate.

04

Unlawful Detainer

File in court if tenant fails to cure on time.

Common Mistakes That Cause Delays or Rejection

  • Listing incorrect tenant names or omitting co-tenants, which can invalidate service and delay court acceptance.
  • Using the wrong cure deadline calculation or business-day counting contrary to state statute, creating procedural defects.
  • Failing to document the service method and date, leaving no admissible proof for an unlawful detainer filing.
  • Including unauthorized fees or penalties not allowed by the lease or state law, inviting tenant defenses.

Consequences of an Incorrect or Improper Notice

Court Rejection: Filed case may be dismissed
Delay in Eviction: Additional notice or cure periods required
Fee Disputes: Tenant may challenge unauthorized charges
Statutory Penalties: Fines or sanctions in some jurisdictions
Harassment Claims: Improper notices can trigger tenant claims
Evidence Gaps: Lack of service proof weakens landlord's case

eSignature Pricing Comparison for Sending and Signing Notices

Compare common vendor starting prices and core capabilities for preparing, sending, and tracking legally significant notices. Confirm plan specifics before purchase.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About the 3-Day Notice

Answers to common questions about electronic delivery, service, and correcting mistakes when preparing a 3-Day Notice.


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