An eviction notice is the formal first step a landlord must take before filing an eviction case in court. It tells the tenant exactly what is wrong (unpaid rent, a lease violation, or the end of the tenancy) and how many days they have to fix the problem or move out.
This template generates the three most common notices: pay rent or quit, cure or quit, and no-fault termination. You choose the notice period so the document matches your state's requirement.
The three types of eviction notice
- Pay rent or quit: the tenant owes rent and must pay the full amount or move out within the notice period.
- Cure or quit: the tenant broke a lease rule (unauthorized pet, unauthorized occupant, noise) and must fix the violation or move out.
- No-fault termination: the landlord ends a month-to-month tenancy without alleging fault, with the longer notice period most states require.
Pick the type that matches the facts, not the one with the shortest period. A nonpayment case served as a no-fault termination wastes weeks; a lease violation dressed up as nonpayment gets dismissed. A few states also allow an unconditional quit notice for serious situations (illegal activity, repeated violations, severe damage), which gives the tenant no option to cure: use it only where your statute expressly authorizes it, because courts read the no-cure option narrowly.
How many days of notice do I have to give?
Every state sets its own minimum notice periods, and they differ by notice type. Pay-or-quit notices commonly run from 3 to 14 days. Cure-or-quit notices often run from 3 to 30 days. No-fault terminations of month-to-month tenancies usually require 30 days, and sometimes 60 or 90 days for long-term tenants. This template lets you set the exact number of days so the notice matches your state's statute.
How the days are counted matters as much as how many there are. Some states count calendar days, others exclude weekends and holidays, and most exclude the day the notice is served. If the last day lands on a weekend or court holiday, the deadline usually rolls to the next business day. When you calculate the earliest date you could file in court, add a margin of a day or two: a case filed one day early is a case dismissed.
A wrong notice period can restart the whole process
Courts routinely dismiss eviction cases because the notice gave too few days or was served the wrong way. Verify your state's current notice period and service rules before serving this notice.
Serving the notice correctly
Most states accept one or more of these service methods: handing the notice to the tenant personally, leaving it with a person of suitable age at the property and mailing a copy, sending it by certified mail, or posting it on the door when other methods fail. Keep proof of service: a certified mail receipt, a photo of the posted notice, or a signed declaration of service. You will need it if the case goes to court.
Never remove a tenant yourself
Changing the locks, shutting off utilities, or removing a tenant's belongings without a court order is illegal in every state, even when rent is unpaid. Only a court can order an eviction, and only law enforcement can carry it out.
For nonpayment cases specifically, the notice to pay or quit is the dedicated variant of this document, and a late rent notice is the softer reminder many landlords send first. To end a tenancy without alleging fault, a notice to vacate is often the better fit.
When to serve an eviction notice, and when to wait
An eviction notice is a legal escalation, and timing it well saves money on both sides. For a first late payment from an otherwise good tenant, a late rent notice or a phone call often collects the rent without burning the relationship or starting a court clock. Serve the formal notice when the pattern is clear: rent is meaningfully late and communication has failed, a lease violation continues after a warning, or you have decided to end a month-to-month tenancy and need the statutory notice running. Once you serve it, treat it as the first page of a court file: everything you write should be accurate, dated, and something you are comfortable showing a judge.
Two situations call for extra care before serving anything. If the tenancy is subsidized (a Section 8 voucher or other assisted housing), federal rules add notice requirements and good-cause standards on top of state law. And if the tenant recently complained about conditions, requested repairs, or contacted a housing agency, many states presume that an eviction served soon afterward is retaliatory, which becomes a defense in court. Neither situation makes eviction impossible; both make clean paperwork and a documented, legitimate reason essential.
What the notice must contain
Eviction cases are dismissed over notice defects more than any other reason, and most defects are missing or wrong content. A notice that holds up in court states:
- The full name of every adult tenant on the lease, and the complete address of the rental unit
- The exact problem: the amount of rent due and the period it covers, or the specific lease clause violated and the facts, or the termination of a periodic tenancy
- What the tenant can do: pay the stated amount, cure the violation, or move out, and the deadline in days that matches your state statute
- What happens if the deadline passes: the landlord will file an eviction case in court
- The date of the notice and the landlord's or agent's signature and contact information
Demand only what the statute allows
In many states a pay-or-quit notice may only demand rent, not late fees, utilities, or damages. Overstating the amount due can invalidate the notice entirely. When in doubt, state the rent alone.
The eviction timeline after the notice
The notice starts a process with well-defined stages. The names differ by state (unlawful detainer, summary process, forcible entry and detainer, dispossessory), but the sequence is remarkably consistent:
- The notice period runs: the tenant pays, cures, moves out, or does nothing
- If the deadline passes, the landlord files the eviction case with the local court and pays the filing fee
- The court papers (summons and complaint) are served on the tenant by an authorized method, usually through a sheriff or process server
- The tenant has a short window to answer; contested cases get a hearing, uncontested ones move to default judgment
- If the landlord wins, the court enters a judgment for possession and issues a writ
- Law enforcement, never the landlord, executes the writ and returns possession, typically within days to a few weeks
End to end, an uncontested nonpayment eviction commonly takes several weeks from notice to lockout, and contested cases run longer. The single biggest driver of delay is a defective notice, because the only cure is to serve a new one and start over. Some landlords shortcut the whole path with a cash-for-keys agreement: paying the tenant a fixed amount to leave by a set date, in writing, is often cheaper than a contested case and leaves no judgment to enforce.
Common mistakes that get eviction cases dismissed
- Giving fewer days than the statute requires, or counting the days wrong: many states exclude the day of service, and some exclude weekends and court holidays
- Serving by a method the statute does not authorize, or failing to keep proof of service
- Demanding more than the statute allows on a pay-or-quit notice, such as late fees bundled into the rent figure
- Accepting rent after the notice expires without a written reservation, which in many states waives the notice
- Naming only one tenant when several adults are on the lease
- Filing the court case before the notice period has fully run
- Using self-help (locks, utilities, belongings) while the case is pending, which creates tenant claims that can outlast the eviction
State rules differ: check yours before serving
Notice periods, service methods, day-counting rules, and even whether a tenant can cure after the deadline are all creatures of state statute, and cities sometimes layer just-cause ordinances on top. Our state-by-state eviction notice pages, linked below, summarize each state's notice periods for nonpayment, lease violations, and no-fault terminations, with the statutory citations. Start with your state's page, then confirm against the statute or your local court's self-help center: eviction is the area of landlord-tenant law where precision pays off most.
Certain properties carry an extra overlay on top of state law. Rental housing with a federally backed mortgage or a federal subsidy may fall under the CARES Act's 30-day notice requirement for nonpayment cases, which many courts continue to enforce, and subsidized or public housing programs add their own notice contents and grievance procedures. Mobile home parks are governed by separate statutes in most states, often with longer notice periods for lot tenancies, and some cities require landlords to file a copy of the notice with a rent board or attach specific informational documents. Before serving, take five minutes to confirm which regime your property sits in: the strictest applicable rule is the one a judge will hold you to.
Frequently asked questions
Does this notice evict the tenant by itself?
No. The notice is the mandatory first step. If the tenant does not pay, cure, or move out within the notice period, you must file an eviction case (often called unlawful detainer) in your local court to obtain a judgment and a writ of possession.
How do I know the right number of days for my state?
Check your state's landlord-tenant statute or your local court's self-help resources for the current notice period for your notice type. This template lets you enter the exact number of days required.
Can I email or text the notice to my tenant?
Usually not by itself. Most states require personal delivery, certified mail, substituted service, or posting. Email or text can supplement proper service but rarely replaces it.
What if the tenant pays only part of the rent owed?
Be careful: in some states, accepting partial payment after serving a pay-or-quit notice cancels the notice and you must start over. Decide before accepting any payment, and check your state's rule.
Do I need a lawyer to evict a tenant?
Many landlords handle simple nonpayment evictions themselves in local courts. If the tenant contests the case, raises habitability defenses, or the property is rent-controlled, consulting a local landlord-tenant attorney is strongly recommended.
Can the tenant stop the eviction by paying after the notice expires?
It depends on the state. Some states give tenants a right to pay and stay up to the judgment or even afterward (redemption), while in others payment after the deadline only helps if the landlord accepts it. Decide your position before the deadline passes, because accepting payment usually ends the case.
Are the rules different for Section 8 or subsidized tenancies?
Yes. Federally assisted tenancies add requirements on top of state law: good cause standards, longer or additional notices, and copies to the housing authority in some programs. Check the program rules before serving, because a notice valid under state law alone can still be defective.
Can I evict a tenant in winter, or a tenant with children?
There is no general winter eviction ban in the United States, though a few jurisdictions pause lockouts in extreme weather and some protect school-age households in limited ways. Familial status is a protected class: children can never be the reason for an eviction, but a lawful eviction is not blocked by their presence.
Does an eviction notice go on the tenant's record?
The notice itself is private between the parties. A court filing becomes a public record that tenant screening services pick up, which is one reason many disputes settle during the notice period: both sides often prefer a move-out without a filed case.
What is a cash-for-keys agreement?
A written deal where the landlord pays the tenant a set amount to vacate by a set date, leaving the unit clean, in exchange for dropping the eviction path. It avoids filing fees, weeks of lost rent, and an uncollectible judgment. Put it in writing and pay only at key handover.
Eviction Notice rules in all 50 states
The table below summarizes the verified state rules with their statutory citations. Click your state for the full local guide; where a cell says "see statute", the rule is either not uniform or not compressed into a single number, and the state page explains what to check.
| State | Pay or quit | Cure or quit | Month-to-month termination | Statute |
|---|---|---|---|---|
| Alabama | 7 business days | 14 days | 30 days | Ala. Code 35-9A-421(b) |
| Alaska | 7 days | 10 days | 30 days | Alaska Stat. 34.03.220(b) |
| Arizona | 5 days | 10 days | 30 days | Ariz. Rev. Stat. 33-1368(B) |
| Arkansas | 3 days | See statute | 30 days | Ark. Code Ann. 18-60-304 |
| California | 3 days | 3 days | 30 days | Cal. Civ. Proc. Code 1161(2) |
| Colorado | 10 days | 10 days | See statute | Colo. Rev. Stat. 13-40-104(1)(d) |
| Connecticut | 3 days | 15 days | See statute | Conn. Gen. Stat. 47a-23 |
| Delaware | 5 days | 7 days | 60 days | Del. Code tit. 25, 5502 |
| District of Columbia | 30 days | See statute | See statute | D.C. Code 42-3505.01(a-1) |
| Florida | 3 days | 7 days | 30 days | Fla. Stat. 83.56(3) |
| Georgia | 3 business days | See statute | 60 days | Ga. Code Ann. 44-7-50(a) |
| Hawaii | 5 business days | 10 days | 45 days | Haw. Rev. Stat. 521-68 |
| Idaho | 3 days | 3 days | 30 days | Idaho Code 6-303(2) |
| Illinois | 5 days | 10 days | 30 days | 735 Ill. Comp. Stat. 5/9-209 |
| Indiana | 10 days | See statute | 30 days | Ind. Code 32-31-1-6 |
| Iowa | 3 days | 7 days | 30 days | Iowa Code 562A.27(2) |
| Kansas | 3 days | 30 days | 30 days | Kan. Stat. Ann. 58-2564(b) |
| Kentucky | 7 days | 15 days | 30 days | Ky. Rev. Stat. 383.660(2) |
| Louisiana | 5 days | See statute | 10 days | La. Code Civ. Proc. art. 4701 |
| Maine | 7 days | See statute | 30 days | Me. Stat. tit. 14, 6002 |
| Maryland | 10 days | 30 days | 60 days | Md. Code, Real Prop. 8-401(c) |
| Massachusetts | 14 days | See statute | 30 days | Mass. Gen. Laws ch. 186, 11 |
| Michigan | 7 days | See statute | 30 days | Mich. Comp. Laws 554.134(2) |
| Minnesota | 14 days | See statute | See statute | Minn. Stat. 504B.321, subd. 1a |
| Mississippi | 3 days | See statute | 30 days | Miss. Code Ann. 89-7-27 |
| Missouri | See statute | See statute | 30 days | Mo. Rev. Stat. 441.060 |
| Montana | 3 business days | 14 days | 30 days | Mont. Code Ann. 70-24-422(2) |
| Nebraska | 7 days | 30 days | 30 days | Neb. Rev. Stat. 76-1431(2) |
| Nevada | 7 judicial days | 5 days | 30 days | Nev. Rev. Stat. 40.2512 |
| New Hampshire | 7 days | See statute | See statute | N.H. Rev. Stat. Ann. 540:3, 540:9 |
| New Jersey | See statute | See statute | See statute | See statute |
| New Mexico | 3 days | 7 days | 30 days | N.M. Stat. Ann. 47-8-33(D) |
| New York | 14 days | See statute | 30 days | N.Y. Real Prop. Acts. Law 711(2) |
| North Carolina | 10 days | See statute | 7 days | N.C. Gen. Stat. 42-3 |
| North Dakota | 3 days | See statute | 30 days | N.D. Cent. Code 47-32-01(4) |
| Ohio | 3 days | See statute | 30 days | Ohio Rev. Code 1923.04 |
| Oklahoma | 5 days | 15 days | 30 days | Okla. Stat. tit. 41, 131 |
| Oregon | 3 days | 30 days | 30 days | Or. Rev. Stat. 90.394 |
| Pennsylvania | 10 days | See statute | 15 days | 68 Pa. Stat. 250.501(b) |
| Rhode Island | 5 days | 20 days | 30 days | R.I. Gen. Laws 34-18-35 |
| South Carolina | 5 days | 14 days | 30 days | S.C. Code Ann. 27-40-710(B) |
| South Dakota | 3 days | See statute | 30 days | S.D. Codified Laws 21-16-2 |
| Tennessee | 14 days | 30 days | 30 days | Tenn. Code Ann. 66-28-505(a)(2) |
| Texas | 3 days | See statute | 30 days | Tex. Prop. Code 24.005 |
| Utah | 3 days | See statute | 15 days | Utah Code 78B-6-802(1)(c) |
| Vermont | 14 days | See statute | 60 days | Vt. Stat. tit. 9, 4467(a) |
| Virginia | 14 days | 30 days | 30 days | Va. Code 55.1-1245(F) (amended eff. July 1, 2026) |
| Washington | 14 days | 10 days | See statute | Wash. Rev. Code 59.12.030(3) |
| West Virginia | See statute | See statute | 30 days | W. Va. Code 37-6-5 |
| Wisconsin | 5 days | 5 days | 28 days | Wis. Stat. 704.17(2)(a) |
| Wyoming | 3 days | See statute | See statute | Wyo. Stat. 1-21-1002 to 1-21-1003 |