1. Notice for Non-Payment of Rent
If rent is not paid when due, the landlord must deliver a "NOTICE TO CURE OR QUIT" (Three-Day Notice form) to the tenant. This notice must state that the rent is due but unpaid, and the landlord intends to terminate the Rental Agreement in three (3) days if the rent is not paid. We do have the Three-Day Notice forms in the Sheriff's Office, your attorney, or download below.
Notice to cure or quit needs to be served by one of the following methods:
Notice can be hand delivery to the tenant or resident that is at least 18 years old. The tenant or resident must sign and date the notice confirming that they have received it.
Notice can be posted on the tenant’s door. If posting on the door, landlord must also send out a copy by certified mail and regular mail. Landlord must save receipts from the post office showing that the notice was mailed. The notice is considered served 4 days after the notice is deposited in the mail and postmarked. Therefore, do not begin counting the 3 days to cure or quit until after the 4 days for mail has elapsed. For example, the notice is mailed and posted on the 2nd of the month. The 4 days for mail would be the 3rd, 4th, 5th, & 6th. The 3 days to cure would be the 7th, 8th, & 9th. Landlord would be able to file their eviction on the 10th.
Notice can be served by personal service either by a process server or the Scott County Sheriff. An affidavit of service will be provided to the landlord after completion of service.
When counting days, do not count the day notice is received by the tenant(s). Count all days including weekends and holidays. However, if the last day falls on a Sunday or holiday the tenant should be given the following day to comply. Do not proceed to file a forcible entry and detainer suit until the time allotment has passed. When in doubt, give more time.
This procedural information is not intended to be a substitute for legal advice. This information may not address all situations that may occur. Any legal questions should be referred to an attorney.
Notice to Terminate Tenancy for Any Other Reasons
If the landlord wishes to terminate tenancy for any other reason and is not familiar with applicable landlord tenant laws, THEY SHOULD SEEK LEGAL ADVICE.