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Eviction Notice Templates by State (2026)
Wrong notice type, wrong timeline, or wrong service method can delay your eviction by weeks. Get the requirements for your state.
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Quick Answer
Every eviction begins with a written notice. The type and timeline depends on your state: 3 days (CA, FL, TX), 5 days (AZ, IL), 10 days (CO), 14 days (WA, NY). Using the wrong notice type, wrong number of days, or improper service method can delay your eviction by weeks and force you to restart the process.
Critical Warning
Self-help eviction is ALWAYS illegal. In every U.S. state, you cannot change locks, shut off utilities, remove tenant belongings, or physically remove a tenant yourself. The only lawful path is through the court system. Violations result in penalties, damages, and attorney’s fees — and reset the eviction timeline.
Types of Eviction Notices
Pay or Quit
Used when the tenant has unpaid rent. Gives the tenant a set number of days to pay the full amount owed or vacate. The most common eviction notice type. If the tenant pays in full within the notice period, you cannot proceed with eviction.
Cure or Quit
Used when the tenant violates a lease term (unauthorized pet, noise complaints, unauthorized occupants). Gives the tenant time to fix (“cure”) the violation or vacate. If the tenant cures the violation, the notice is resolved.
Unconditional Quit
No option to cure. The tenant must vacate by the deadline. Used for severe violations: illegal activity on premises, repeated lease violations, substantial property damage. Not available in all states or for all situations.
No-Fault Notice to Vacate
Terminates a month-to-month tenancy without cause. Typically requires 30–60 days’ notice. Not available in states with just cause eviction requirements (CA under AB 1482, OR, WA, NJ for covered units). Check your state before using.
Notice Periods by State
*Georgia requires no notice period for nonpayment; landlord can file immediately after rent is late. Always check current statutes as laws change frequently.
What Every Eviction Notice Must Include
- Tenant’s full name (all named tenants on the lease)
- Property address including unit number
- Reason for the notice (nonpayment, lease violation, no-fault termination)
- Amount owed (for pay or quit notices — rent only, not late fees in most states)
- Number of days to comply or vacate
- Consequence of non-compliance (“landlord will commence legal proceedings”)
- Date and landlord’s signature
- Payment instructions (where and how to pay, if applicable)
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Sample 3-Day Pay or Quit Notice Format
THREE-DAY NOTICE TO PAY RENT OR QUIT
TO: [Tenant Full Name(s)]
ADDRESS: [Full Property Address, Unit #, City, State, ZIP]
You are hereby notified that the rent on the above-described premises, which you currently occupy, is past due in the amount of $[Amount] for the period of [Month/Date Range].
You are required to pay the full amount within THREE (3) DAYS after service of this notice or to vacate and surrender possession of the premises.
Payment may be made to: [Landlord Name or Agent] at [Payment Address] by [Accepted Methods: check, money order, cashier’s check, electronic payment].
If you fail to pay or vacate within the required time, legal proceedings will be initiated to recover possession of the premises, unpaid rent, and other amounts owed under the lease agreement.
Date: _____________ Signature: _____________
This is an informational example only. Requirements vary by state. Consult your state statutes and a licensed attorney before serving any eviction notice.
How to Serve an Eviction Notice
Service requirements vary by state. Using the wrong method can invalidate the notice entirely:
- Personal service: Hand-deliver the notice directly to the tenant. The strongest form of service, accepted in all states.
- Substituted service: Leave the notice with a person of suitable age and discretion at the tenant’s residence, then mail a copy. Accepted in most states when personal service fails.
- Post and mail: Affix the notice to the front door in a conspicuous place and mail a copy via first-class mail. Some states require certified mail. This is the last resort when personal and substituted service fail.
- Certified mail: Required in some states (FL for security deposit claims, NJ for certain notices). Check your state’s requirements.
Important: Texting, emailing, or verbally telling a tenant they are evicted is not valid service in any state.
Common Mistakes That Invalidate Notices
- Wrong number of days: Using a 3-day notice in a state that requires 5 or 14 days voids the notice entirely
- Including late fees or damages: In most states, pay-or-quit notices may only include unpaid rent — adding late fees, utility charges, or damages invalidates the notice
- Wrong service method: Sliding a notice under the door may not constitute valid service in your state
- Accepting rent after serving notice: In most states, accepting any payment after serving the notice waives the notice and restarts the process
- Wrong tenant name: The notice must name all tenants on the lease. Omitting one may allow the unnamed tenant to remain
- Miscalculating the deadline: Some states exclude weekends and holidays from the notice period (CA, CO); others include them. Miscounting invalidates the notice.
What Happens After the Notice Expires
If the tenant does not pay, cure, or vacate by the notice deadline, the next step is filing a court action:
- Unlawful detainer (CA, NV, AZ, OR, WA) — Filed in Superior Court or Justice Court
- Forcible entry and detainer (FED) (TX, CO, OH) — Filed in Justice of the Peace or County Court
- Summary ejectment (NC) or summary process (MA, CT) — Filed in District Court
- Court hearing is typically set within 5–30 days depending on the state and court backlog
- If you win, the court issues a writ of possession and the sheriff executes the lockout
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Frequently Asked Questions
How many days notice do I need to give before evicting a tenant?
It depends on your state and the reason for eviction. For nonpayment: 3 days (CA, FL, TX, OH), 5 days (AZ, IL, VA), 10 days (CO, NC, PA), or 14 days (WA, NY). Always check your state statute — using the wrong number of days invalidates the notice.
Can I evict a tenant without a written notice?
No. Every state requires a written notice before you can file for eviction in court. Verbal warnings do not satisfy the legal requirement. The notice must be properly served using a method recognized by your state’s law.
Can I change the locks to evict a tenant?
No. Self-help eviction (changing locks, shutting off utilities, removing belongings) is illegal in all 50 states. Penalties include statutory damages, actual damages, and attorney’s fees. In California, penalties can reach $100/day under Civil Code §789.3. Only a sheriff or constable can execute a court-ordered eviction.
What if the tenant pays after I serve the eviction notice?
If the tenant pays the full amount owed within the notice period, you must accept payment and cannot proceed with eviction. If they pay after the notice period expires, you are not required to accept — but accepting payment may waive the notice in many states. Consult your state’s rules before accepting late payment.
How long does the full eviction process take?
From notice to lockout: 3–6 weeks in landlord-friendly states (TX, GA, AZ), 5–12 weeks in most states (CA, FL, IL, CO), and 3–12 months in tenant-protective jurisdictions (NY, NJ, MA). Court backlogs, tenant responses, and appeals can extend timelines significantly.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Eviction laws vary by state and locality and change frequently. Consult a licensed attorney before serving any eviction notice or filing legal proceedings.