5 day notice
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5 day notice (by Lucinda [WI]) Sep 23, 2009 8:31 AM
       5 day notice (by Natalie [CA]) Sep 23, 2009 9:09 AM
       5 day notice (by Natalie [CA]) Sep 23, 2009 9:33 AM
       5 day notice (by Reid [KS]) Sep 23, 2009 10:18 AM
       5 day notice (by LC [IL]) Sep 23, 2009 10:39 AM
       5 day notice (by Virden [OH]) Sep 23, 2009 12:26 PM

5 day notice (by Lucinda [WI]) Posted on: Sep 23, 2009 8:31 AM

State Specific Question About: WISCONSIN (WI)

I gave my tenant a 5 day notice to pay or quit but i crossed out the pay portion and wrote 5 days to vacate the premises. Tenant is consistanly late and misleading when she says she will pay. Currantly 3 weeks late. Is this document still legal even though I crossed out the pay portion? If after the 5 days tenant hasn't vacated the premises.. what is the next step to legally evict this tenant? Thanks for your help!


5 day notice (by Natalie [CA]) Posted on: Sep 23, 2009 9:09 AM

I wouldn't think it would be valid.

In CA it is "pay or quit" or "pay or perform". You can't just tell them to move in 5 days. I would suggest that you re-serve pay or quit notice and if they pay, but you still want them out, serve 30 day notice to move or whatever is appropriate in your state. --71.198.xxx.xxx

5 day notice (by Natalie [CA]) Posted on: Sep 23, 2009 9:33 AM

Oops... meant to say "perform or quit" not "pay or perform". --71.198.xxx.xxx

5 day notice (by Reid [KS]) Posted on: Sep 23, 2009 10:18 AM

Pretty sure you have to give them the opportunity to pay and you are obligated to accept the payment. --70.249.xx.xxx

5 day notice (by LC [IL]) Posted on: Sep 23, 2009 10:39 AM

I'm not sure about WI, but I do know that your laws are very similar to ours in IL.

So, having said that, NO, you can't just give them 5 days to get out. Your choices now are to re-serve, wait the 5 days and go ahead and evict, or wait until later in the month and then give them a 30 day. (assuming they are month to month).

Why did you wait 3 weeks to serve them? From now on, follow whatever your lease says, and STICK TO IT! --68.91.xxx.xxx

5 day notice (by Virden [OH]) Posted on: Sep 23, 2009 12:26 PM

I think you need to study the tenant laws again on serving notice to pay/quit <-- means just that pay or quit, you should have done this at the end of the grace period if you have one - what does the lease say about the grace period? This time you serve pay/quit, wait and proceed to eviction court so you can use the legal way to get your property back, too bad you waited so long as now you have to wait for the court action and if you start when you are supposed to you should get your unit back before the end of the month. --99.147.xx.xxx

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