Legal Forms HQ
Real Estate

Eviction Notice

An eviction notice is the written warning a landlord must serve before filing an eviction case: it tells the tenant what is wrong (unpaid rent, a lease violation, or the end of the tenancy) and how long they have to fix it or move out. Notice periods are set by state statute and commonly run from 3 to 30 days.

Build a formal notice to your tenant with your state's notice period, ready to serve.

Fast, error-free completion with our guided assistant. Answer guided questions with help and examples at every step: your document writes itself in front of you, ready to download as Word and PDF.

Template reviewed and updated on August 18, 2026

Fill out my document (2 min)

Let the assistant guide you: every field comes with help and an example, and your draft is saved automatically.

Landlord

Your answers stay on your device until the document is generated.

  • Instant download as Word + PDF
  • Editable with Word, Google Docs, LibreOffice
  • Professional templates, kept up to date
  • Secure SSL payment
  • Cancel online anytime

A question about this document?

Ask your question and our assistant answers from the document's information page. Your question is not stored.

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:

  1. The notice period runs: the tenant pays, cures, moves out, or does nothing
  2. If the deadline passes, the landlord files the eviction case with the local court and pays the filing fee
  3. The court papers (summons and complaint) are served on the tenant by an authorized method, usually through a sheriff or process server
  4. The tenant has a short window to answer; contested cases get a hearing, uncontested ones move to default judgment
  5. If the landlord wins, the court enters a judgment for possession and issues a writ
  6. 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.

Eviction notice periods in all 50 states and DC
StatePay or quitCure or quitMonth-to-month terminationStatute
Alabama7 business days14 days30 daysAla. Code 35-9A-421(b)
Alaska7 days10 days30 daysAlaska Stat. 34.03.220(b)
Arizona5 days10 days30 daysAriz. Rev. Stat. 33-1368(B)
Arkansas3 daysSee statute30 daysArk. Code Ann. 18-60-304
California3 days3 days30 daysCal. Civ. Proc. Code 1161(2)
Colorado10 days10 daysSee statuteColo. Rev. Stat. 13-40-104(1)(d)
Connecticut3 days15 daysSee statuteConn. Gen. Stat. 47a-23
Delaware5 days7 days60 daysDel. Code tit. 25, 5502
District of Columbia30 daysSee statuteSee statuteD.C. Code 42-3505.01(a-1)
Florida3 days7 days30 daysFla. Stat. 83.56(3)
Georgia3 business daysSee statute60 daysGa. Code Ann. 44-7-50(a)
Hawaii5 business days10 days45 daysHaw. Rev. Stat. 521-68
Idaho3 days3 days30 daysIdaho Code 6-303(2)
Illinois5 days10 days30 days735 Ill. Comp. Stat. 5/9-209
Indiana10 daysSee statute30 daysInd. Code 32-31-1-6
Iowa3 days7 days30 daysIowa Code 562A.27(2)
Kansas3 days30 days30 daysKan. Stat. Ann. 58-2564(b)
Kentucky7 days15 days30 daysKy. Rev. Stat. 383.660(2)
Louisiana5 daysSee statute10 daysLa. Code Civ. Proc. art. 4701
Maine7 daysSee statute30 daysMe. Stat. tit. 14, 6002
Maryland10 days30 days60 daysMd. Code, Real Prop. 8-401(c)
Massachusetts14 daysSee statute30 daysMass. Gen. Laws ch. 186, 11
Michigan7 daysSee statute30 daysMich. Comp. Laws 554.134(2)
Minnesota14 daysSee statuteSee statuteMinn. Stat. 504B.321, subd. 1a
Mississippi3 daysSee statute30 daysMiss. Code Ann. 89-7-27
MissouriSee statuteSee statute30 daysMo. Rev. Stat. 441.060
Montana3 business days14 days30 daysMont. Code Ann. 70-24-422(2)
Nebraska7 days30 days30 daysNeb. Rev. Stat. 76-1431(2)
Nevada7 judicial days5 days30 daysNev. Rev. Stat. 40.2512
New Hampshire7 daysSee statuteSee statuteN.H. Rev. Stat. Ann. 540:3, 540:9
New JerseySee statuteSee statuteSee statuteSee statute
New Mexico3 days7 days30 daysN.M. Stat. Ann. 47-8-33(D)
New York14 daysSee statute30 daysN.Y. Real Prop. Acts. Law 711(2)
North Carolina10 daysSee statute7 daysN.C. Gen. Stat. 42-3
North Dakota3 daysSee statute30 daysN.D. Cent. Code 47-32-01(4)
Ohio3 daysSee statute30 daysOhio Rev. Code 1923.04
Oklahoma5 days15 days30 daysOkla. Stat. tit. 41, 131
Oregon3 days30 days30 daysOr. Rev. Stat. 90.394
Pennsylvania10 daysSee statute15 days68 Pa. Stat. 250.501(b)
Rhode Island5 days20 days30 daysR.I. Gen. Laws 34-18-35
South Carolina5 days14 days30 daysS.C. Code Ann. 27-40-710(B)
South Dakota3 daysSee statute30 daysS.D. Codified Laws 21-16-2
Tennessee14 days30 days30 daysTenn. Code Ann. 66-28-505(a)(2)
Texas3 daysSee statute30 daysTex. Prop. Code 24.005
Utah3 daysSee statute15 daysUtah Code 78B-6-802(1)(c)
Vermont14 daysSee statute60 daysVt. Stat. tit. 9, 4467(a)
Virginia14 days30 days30 daysVa. Code 55.1-1245(F) (amended eff. July 1, 2026)
Washington14 days10 daysSee statuteWash. Rev. Code 59.12.030(3)
West VirginiaSee statuteSee statute30 daysW. Va. Code 37-6-5
Wisconsin5 days5 days28 daysWis. Stat. 704.17(2)(a)
Wyoming3 daysSee statuteSee statuteWyo. Stat. 1-21-1002 to 1-21-1003

You may also need these documents

Fill out my document (2 min)