In rare occasions, a landlord may, with just cause, opt to terminate an existing residential lease agreement and serve the tenant a five-day notice: a document that states that the tenant must within 5 days from the receipt of notice, vacate the premises.

Unlike a 30-day notice where the landlord is not obliged to divulge the reason for terminating the contract, in 5-day notices the landlord must indicate why he is constrained to evict the tenant. Five-day notices are issued to tenants who have failed to pay rent, and to those who have committed graver acts such as:

• violation of any provision in the lease contract
• damaging of property being rented
• being a nuisance to other tenants, and
• using the property for unlawful or illegal practices.

When the 5-day notice is issued for failure to pay rent, the notice should include the total amount that is due; the details of the person, with whom payment must be made; and the payment due date.

For evictions that stem from serious infractions, the notice should state the cause of eviction, and the penalty involved. If the violation is remediable (violating a clause in the contract: i.e. bringing in of a pet when the contract indicates that no pets are allowed), the notice should include a clause that allows the tenant a chance to rectify the error.

Sometimes, for more serious infractions, eviction notices can be as short as three days, and the day the notice is received or served already counts as day 1.

If the tenant feels that the landlord has no substantial basis or proof to support eviction, he can approach a real estate lawyer and request for further assistance.

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