Documents / Real Estate
Eviction Notice
A formal notice to a tenant to pay rent, cure a lease violation, or vacate — the required first step before an eviction case.
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State-specific. Terms, notices or signing steps change with your state.
Version 2026-09-09.8. No qualified legal review is recorded. Read the complete document and obtain advice for your circumstances.
Review and execution steps
- Use the current local official notice or obtain local review for the precise ground, cure amount, deadline and service method.
- Check tenant protections, subsidy requirements and any military-service protections; never use this draft to justify a lockout or utility shutoff.
- A draft or electronic signature is not service of process or a court order.
Guidance updated September 8, 2026. Source coverage is limited to the topics described; historical sources are identified. State, local and transaction-specific requirements still apply.
Time
~6 min
Questions
≤ 26
Steps
6
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What we will cover
- 01
Location
Choose the actual location so the preparation guidance and applicable safeguards follow your document.
- 02
Landlord, Tenant & Property
- 03
Type of Notice
- 04
Notice basis and delivery
Use the current state/local form where required. Preparing this draft does not serve it or prove the right to terminate or raise rent.
- 05
Tenancy coverage and deadline record
- 06
Separate cure and possession deadlines
- 07
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About this document
An eviction notice is the formal demand a landlord must serve before filing an eviction case. It comes in three forms: pay rent or quit, cure the violation or quit, and an unconditional notice to quit for serious or repeat conduct. The notice is not the eviction — it gives the tenant a stated deadline to fix the problem or move out, and only after that deadline passes can the landlord file in court.
Every part of this document is governed by state, and often city, law: the minimum number of days, the specific language the notice must contain, and how it must be served — personal delivery, substituted service, posting and mailing, or certified mail. Getting any of it wrong is not a technicality. Courts routinely dismiss eviction cases built on a defective or improperly served notice, which means serving again and starting the entire timeline over.
Common questions
How much notice do I have to give a tenant before evicting?+
It depends entirely on your state and the reason for the notice. Pay-or-quit periods commonly run from three to fourteen days, while terminations without cause typically require 30 to 60 days or more, and many cities extend those periods further. Look up your state's statute for the specific ground you are using — a notice even one day short of the minimum is invalid and the case gets dismissed.
Can I change the locks or shut off utilities if the tenant won't leave?+
No. Self-help eviction — locking a tenant out, removing belongings, cutting power or water — is illegal in virtually every state and commonly exposes the landlord to statutory damages and the tenant's legal fees. Only a court can order a tenant removed, and only a sheriff or marshal carries that order out.
What happens if the tenant pays after I serve a pay-or-quit notice?+
Full payment within the notice period normally cures the default, and the notice is spent — you cannot proceed on it. Partial payment is the trap: in many states accepting part of the rent waives the notice and forces you to serve a new one, unless you have a written agreement that acceptance is not a waiver. Decide before you deposit the check.
General information, not legal advice — laws vary by state and change over time.
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