An eviction notice is used by a landlord to begin the eviction process for a tenant who has violated any part of their lease agreement, such as not paying rent or engaging in criminal activity on the property. Each state has its own requirements and laws governing the eviction process, which is sometimes referred to as an “unlawful detainer” or “forcible entry and detainer.”
Official eviction notice informing the tenant of their lease violation. It can be used for late rent, non-compliance, or illegal acts committed on the property. All eviction notices should be sent via Certified Mail (with Return Receipt).
State-Required Notice Periods – The required number of days that a landlord must give to the tenant after serving an eviction notice. After the notice period ends, the landlord can begin eviction proceedings.
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
Non-Payment of Rent – This notice is specifically used for a tenant’s failure to pay the monthly rent on time. If the overdue rent and any additional late fees are not paid within the state-required time period, the tenant will usually have to vacate the premises while still owing the balance to the landlord.
Non-Compliance – This notice is given to a tenant who has violated any part of a lease other than non-payment of rent. There are two types of compliance notices: Curable, which allows the tenant to “cure” or fix the violation within a specified timeframe, and incurable, which does not allow the tenant to “cure” the issue and orders them to vacate the property.
Lease Termination Letter (Cancel a Month-to-Month Lease) – If the landlord and tenant have a rental arrangement where either may cancel at any time, this letter stating a termination date may be used to cancel the lease. The notice must be given within the state-mandated timeframe (if any). Usually, the notice period is 30 days.
Table of Contents
- Eviction Notices: By State
- Eviction Notices: By Type
- What is an Eviction Notice?
- How to Evict a Tenant
- Sample Eviction Notice
An eviction notice is an official letter sent by a landlord notifying a tenant that they are in violation of their lease. This is most common for late rent but may also be used for other violations. An eviction notice is always recommended to be sent by USPS Certified Mail with Return Receipt to prove that the tenant was served.
Depending on the state, the tenant will be given a specific number of days to pay the outstanding rent or fix the violation. If the tenant does neither within the given timeframe, the landlord can begin eviction proceedings.
|STATE||NON-PAYMENT||NON-COMPLIANCE||ILLEGAL ACT||MONTH-TO-MONTH LEASE|
|Alabama||7 days||7 days||N/A||30 days|
|Alaska||7 days||10 days||5 days||30 days|
|Arizona||5 days||10 days||Immediate||30 days|
|Arkansas||3 day||14 days||N/A||30 days|
|California||3 days||3 days||N/A||Time-dependent|
|Colorado||10 days||10 days||N/A||Time-dependent|
|Connecticut||3 days||3 days||N/A||N/A|
|Delaware||5 days||7 days||N/A||60 days|
|Florida||3 days||7 days||N/A||15 days|
|Georgia||Immediate||N/A||N/A||30 days if given to landlord, 60 days if given to tenant|
|Hawaii||5 days||10 days||N/A||45 days|
|Idaho||3 days||3 days||N/A||30 days|
|Illinois||5 days||10 days||5 days||30 days|
|Indiana||10 days||N/A||N/A||30 days|
|Iowa||3 days||7 days||3 days||30 days|
|Kansas||Time-Dependent||14 days||N/A||30 days|
|Kentucky||7 days||14 days||N/A||30 days|
|Louisiana||5 days||5 days||N/A||10 days|
|Maine||7 days||7 days||N/A||30 days|
|Maryland||No notice required||30 days||N/A||30 days|
|Massachusetts||14 days||N/A||No notice required||30 days|
|Michigan||7 days||Written in lease||7 days||30 days|
|Minnesota||Immediate or 14 days||Immediate||N/A||Time-dependent|
|Mississippi||3 days||14 days||N/A||30 days|
|Missouri||No notice required||10 days||N/A||30 days|
|Montana||3 days||Time-dependent||N/A||30 days|
|Nebraska||7 days||14 days||N/A||30 days|
|Nevada||5 days||5 days||3 days||30 days|
|New Hampshire||7 days||7 days||N/A||30 days|
|New Jersey||No notice required||30 days||3 days||30 days|
|New Mexico||3 days||7 days||3 days||30 days|
|New York||14 days||10 days||N/A||30 days|
|North Carolina||10 days||Not defined||N/A||7 days|
|North Dakota||3 days||3 days||N/A||30 days|
|Ohio||3 days||3 days||N/A||30 days|
|Oklahoma||5 days||15 days||No notice required||30 days|
|Oregon||3 or 6 days (depends)||30 days||24 hours||30 or 60 days (depends)|
|Pennsylvania||10 days||Time-dependent||10 days||Time-dependent|
|Rhode Island||5 days||20 days||No notice required||30 days|
|South Carolina||5 days||14 days||N/A||30 days|
|South Dakota||3 days||No notice required||N/A||30 days|
|Tennessee||14 days||30 days||3 days||30 days|
|Texas||3 days||3 days||N/A||30 days|
|Utah||3 days||3 days||3 days||15 days|
|Vermont||14 days||30 days||14 days||60 or 90 days (depends)|
|Virginia||5 days||30 days||N/A||30 days|
|Washington||3 days||10 days||3 days||20 days|
|West Virginia||No notice required||No notice required||No notice required||30 days|
|Wisconsin||14 days||5 days||5 days||28 days|
To evict a tenant, a landlord first needs to identify which term or condition of the rental agreement they are violating. If it is a nonpayment issue, the landlord must complete a notice for the nonpayment of rent. If it is a non-compliance issue, the landlord must use the standard eviction notice for their respective state.
Download and complete the eviction notice that best serves the situation.
- Non-Payment of Rent – Overdue rent from the tenant.
- Non-Compliance – Breach of lease agreement not related to rent payment.
- Lease Termination Letter – Cancellation of a month-to-month lease.
After filling out the eviction notice, the landlord must deliver it to the tenant in accordance with state laws. It is recommended to send the notice via Certified Mail with a return receipt to ensure its delivery.
USPS (Certified Mail) – The United States Postal Service (USPS) is the best option to prove that the letter was received by the tenant. The delivery date and other important details will be provided in the return receipt. If the tenant does not respond to this notice, the return receipt may be used later in court to prove the landlord’s attempt to notify the tenant about the lease violation or termination.
Delivering to Tenant – This is the best option besides Certified Mail. When delivering to the tenant, it’s imperative that the landlord obtains a signature to prove it was delivered and accepted by the tenant.
Hanging on Door – This method is considered legal in some states, but it is not recommended due to the landlord’s inability to prove in a court of law that the tenant received the notice.
Other Mailing Providers – Some landlords will opt to use another mailing provider, such as FedEx or UPS, believing that all carriers are the same. However, according to a case filed in 2007, Leatherbury vs. Greenspun, the court determined that Certified Mail is only considered legal when sent via the United States Postal Service (USPS).
If the notice is curable, the tenant has a timeframe to repair the issue, whether making a rent payment or fixing the damage on the premises. If the tenant does not fix the issue, they will be required to leave the property or face an unlawful detainer.
If the matter is complicated, it is always best to work it out with the tenant rather than pursue an eviction. The eviction progress can be costly and long without guaranteeing that the judge will approve the repossession. For example, if the tenant is behind on rent, the landlord can create a payment plan that is reasonable for both parties.
If the type of notice is incurable, the tenant must leave the property and has no option other than to vacate the premises. This is common if the tenant has committed the same violation in the past or if the tenant was found conducting illegal activity on the property.
If the tenant does not leave the property or fix the issue within the timeframe stated in the eviction notice, the landlord will have to file a Complaint (or Petition) and Summons with the court in the jurisdiction where the property is located. It usually has a filing fee and can be submitted by the landlord or their attorney.
After the eviction lawsuit has been filed, the clerk will administer copies of the filing along with an Answer that the landlord must give the tenant. This will notify them that a legal case has been filed against them and allow them to state their response through the Answer, which should be filed before the hearing date so the court can review all the evidence.
The landlord can “serve” the tenant with this legal notice by using the local sheriff’s office or sending it via Certified Mail (Return Receipt) as instructed in Step 2.
The landlord will attend the court hearing along with the tenant, who acts as the defendant. Both parties are instructed to bring all relevant documents, along with any evidence that would help determine the outcome of the hearing.
Writ of Possession
If the judge should rule in favor of the landlord, the tenant will either be instructed to leave the premises by a certain date (Writ of Possession) or have the right to cure their leasing arrangement. If the tenant does not obey the judgment of the landlord, they will be considered in illegal possession of the premises, and the landlord will be able to hire the local sheriff to change the locks and begin moving the tenant’s personal property out of the space.
EVICTION NOTICE TO QUIT
Notice Date: [DATE]
DEAR TENANT(S) [TENANT’S NAME],
This eviction notice is in reference to the lease signed on [DATE], for the following property: [ADDRESS]
The lease violation is described as: (check one)
☐ – Non-Payment of Rent – It is required that within 3 days that the Total Amount Due is paid: (check all that apply)
☐ – Back-Rent: [AMOUNT]
☐ – Penalties/Late Fees: [AMOUNT]
☐ – Other: $[AMOUNT]
Total Amount Due: [TOTAL AMOUNT]
If you do not pay the Total Amount Due within the specified time period, you will be required to vacate the premises immediately or an eviction action may be filed against you. Partial payment will be refused.
☐ – Non-Compliance – It is required that within [#] days you fix the following lease violation: [DESCRIBE LEASE VIOLATION].
If you do not fix or cure the issue within the specified time period, you will be required to vacate the premises immediately or an eviction action may be filed against you.
☐ – Illegal Acts – It has been known that you have committed illegal acts on the premises. Therefore, you shall be required to vacate the premises immediately or the minimum required time period under state law, whichever is lesser, or an eviction action may be filed against you.
YOU ARE FURTHER NOTIFIED THAT if you fail to perform or otherwise comply with the demands in this notice, the landlord may file legal proceedings and a judgment may be made against you. Any judgment may also include the landlord’s costs and attorney’s fees for filing an eviction action.
Landlord (or Authorized Agent) Signature: ___________________________
Address: [LANDLORD’S ADDRESS]
Telephone: [LANDLORD’S PHONE NUMBER]
CERTIFICATE OF SERVICE
METHOD OF SERVICE: (check one)
☐ – POSTED ON DOOR ON [DATE].
☐ – HAND-DELIVERED ON [DATE].
☐ – CERTIFIED MAIL (WITH RETURN RECEIPT).