Before Starting a Case

In a nonpayment case, a landlord can ask the court to evict their tenant if the tenant does not pay rent and still lives in the apartment. However, before starting an eviction case, the landlord must give the tenant the following notices:

1. The 5-Days Late Notice
   If a tenant is 5 days late paying the rent, a landlord must send the tenant a written notice by certified mail saying the rent is past due. If a landlord does not send a written notice and starts a case against the tenant for nonpayment of rent, the tenant can ask the court to dismiss the case.
2. 14 Day-Rent Demand Notice
   If the tenant does not pay the rent after receiving the 5-day late notice, the landlord, must have someone (not part of the case) serve the tenant a written rent demand, no less than 14 days before starting/filing a case.
   • The 14-day rent demand must:
     
     1. Warn the tenant(s) that if they do not pay the rent, the tenant can be evicted.
     2. Tell the tenant how much is owed each month or week.
     3. Be delivered to the tenant the way the law says.

If the tenant does not pay the rent after the 14-day demand is made, the person who owns the property and is listed on the deed may file a nonpayment petition.