A five day Tenant at Will notice is used if you do not have any legally binding agreement to live in the place where your are living. Some examples might be:
1) You have permission to live in a house or apartment but do not pay rent.To calculate the five days, you don't count the day you receive the notice. You count the next five calendar days including weekends and holidays. The day after you receive the notice is day one.2) You took over someone's apartment without telling the landlord.
3) You stay after a lease expires and you did not make any arrangements with the landlord to stay and your rent payment was not accepted.
4) A new owner bought the property you live in, but not directly from the prior owner. Instead, the new owner purchased through a bankruptcy or a sheriff's sale, or through foreclosure, and therefore received clear title with all prior leases or rental contracts being made invalid.
If you have not moved out within five days, the landlord can proceed with the second step of the eviction which is to file a lawsuit in court.
NOTE: A Tenant at Will notice cannot be used to evict tenants who have oral or written agreements with the landlord that have not expired yet, or who have paid rent money to the landlord after their written agreement expired.
NOTE: If you have a valid oral or written agreement to rent and your landlord sells the property directly to the purchaser, the new owner cannot use a Tenant at Will notice to evict you. The new owner buys the rental property subject to your oral or written agreement and must either wait for your lease to expire or must have a proper reason to evict you and must use the appropriate notice, a Three-day Pay or Vacate if you fail to pay any amount owed, a Three-day Cure or Vacate if you violate your lease, a Nuisance Notice if you are a nuisance, or a Fifteen-day No Cause Notice if you are a month to month tenant.