How to Write an Eviction Notice
An eviction notice is a statutory prerequisite — skip it or get it wrong, and the court will throw out your unlawful detainer before it starts. This guide walks through the three notice types, state-by-state timelines, and the service rules that actually matter.
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Table of Contents
1. The Three Notice Types
- Pay-or-Quit — for nonpayment of rent. 3 to 14 days depending on state.
- Cure-or-Quit — for fixable lease violations (unauthorized pet, excess occupants). 7 to 30 days.
- Unconditional Quit — for serious violations (drug activity, serial nuisance, severe damage). Tenant must leave; no cure allowed.
For end-of-term situations (no cause), use a Notice to Terminate Tenancy — usually 30 days (60+ days for long tenancies in CA/OR and similar states).
2. Required Content
A facially valid notice must include:
- Date of notice
- Full names of all adult tenants as listed on the lease
- Property address including unit
- Specific reason (amount owed with breakdown, or violation described)
- Exact cure action required (pay X by Y, or remove pet by date)
- Consequence of non-cure ("landlord will commence unlawful detainer")
- Landlord name, address, phone, and place where rent can be paid
- Landlord signature
3. State Timelines (Pay-or-Quit)
Always confirm current rules — local ordinances can override (e.g., Los Angeles, Seattle, NYC).
4. Serving the Notice Properly
A perfect notice that\'s served wrong is a losing notice. Accepted methods in most states:
- Personal service — hand it to the tenant directly. Strongest.
- Substituted service — hand to a competent adult at the unit AND mail a copy.
- Post and mail — tape a copy to the door AND mail a copy by first-class mail (and often certified). Allowed only after reasonable attempts at 1 or 2.
Keep proof: dated photo of posted notice, certified-mail receipt, or a signed proof of service form. Judges dismiss cases where service cannot be proven.
5. What Happens After the Notice Expires
If the tenant cures (pays, removes the pet, etc.), the tenancy continues. If they don\'t, you file an unlawful detainer (UD) — the actual eviction lawsuit — in the court where the property sits. The tenant has 5 business days to respond in most states. If they answer, a trial is scheduled within 20 days. If they don\'t, you get a default judgment and the sheriff posts a lockout notice.
The whole process, start to lockout, typically runs 4–8 weeks when everything is done correctly — and 3–6 months when it isn\'t. Never self-help.
6. Frequently Asked Questions
Can I charge late fees in the notice?+
Only if the lease authorizes them and the state allows them. California, for example, limits late fees to a "reasonable" estimate of damages and voids excessive flat fees.
Does a partial payment void the notice?+
In most states yes, if accepted — it restarts the tenancy. Some states (CA with proper language) let landlords accept partial payments without waiving eviction. Spell it out in the notice.
Do I have to accept a late payment if the notice is served?+
During the notice period, yes — the tenant can cure. After the deadline, you can refuse payment and proceed with eviction.
Can I deliver the notice by email or text?+
Only a handful of states permit electronic service, and usually only with the tenant's prior written consent. Always use an approved method.
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