An eviction notice is the first legal step a landlord must take before removing a tenant. It's not an eviction — it's a formal notice that gives the tenant a chance to fix the problem or move out. Skipping this step can get the entire eviction thrown out of court.
Types of eviction notices
- Pay or Quit — the tenant owes rent and has a set number of days to pay or move out. The most common type.
- Cure or Quit — the tenant has violated a lease term (noise, unauthorized pets, subletting) and has a set number of days to fix it.
- Unconditional Quit — the tenant must move out with no chance to fix the problem. Reserved for serious violations (illegal activity, property damage, repeated violations).
Notice periods by state
Notice periods vary dramatically by state and by the reason for eviction:
- 3 days — California, Texas, Florida, and many others for non-payment.
- 5 days — Arizona, Nevada, and some others.
- 7 days — Massachusetts, Connecticut, and others.
- 14–30 days — required in some states for lease violations or month-to-month tenancies.
Never skip the notice period. Even one day short can result in the court dismissing your eviction case. Check your state's exact requirements.
What the notice must contain
- Tenant's name and address — full legal name and the rental unit address.
- Reason for the notice — specific lease violation or unpaid rent amount.
- Deadline — the exact number of days the tenant has to comply or vacate.
- Amount owed (for pay-or-quit) — itemized rent, late fees, and other charges.
- Landlord's signature — the notice must be signed and dated.
- Delivery method — personal delivery, posting on the door, or certified mail (varies by state).
After the notice period
If the tenant doesn't comply, the landlord can file an eviction lawsuit (unlawful detainer). The tenant then has the right to respond in court, and a judge decides the outcome.
Make it legal
- Comply with your state's exact notice requirements.
- Keep a copy of the notice and proof of delivery.
- Consult with an attorney before filing if the situation is complex.
A state-specific eviction notice drafted to your jurisdiction takes about ten minutes.