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3 Day Notice

The first type of written notice is called a “3 day notice”. This type of notice must contain two things:

  1. The notice must make it clear to the tenant that the landlord will begin an eviction action and provide the reason(s) why the tenant is being asked to leave.
  2. In cases involving all residential premises, the 3 day notice must contain this exact language:

    “You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.”

There is also a specific procedure that must be followed when delivering the 3 day notice. The notice must be delivered to the tenant by one of these methods:

  • By sending a written copy certified mail, return receipt requested
  • By handing a written copy of the notice to the defendant in person
  • By leaving a written copy at the defendant's usual place of residence
  • By leaving a written copy at the place from which the tenant is to be evicted.

Landlords should keep in mind that they cannot start an eviction case in court until 3 days have expired after service of the 3 day notice on the tenant. If the tenant remained at the premises for the three day period, meaning that they did not voluntarily leave the premises after they received written notice, the landlord can file an eviction case in court.