When to Use an Eviction Notice

  • You are the landlord or property manager and need to evict a tenant who is late on rent or has otherwise violated the lease.
  • Your tenant is late on rent or has otherwise violated the lease and you want to notify them that they will be evicted if they do not remedy the problem within a certain amount of time.
  • Your tenant has failed to leave the property after the lease expired or after a month-to-month tenancy ended.

Other Names for an Eviction Notice

  • Notice to quit
  • Notice to vacate
  • Tenant eviction letter

Our questionnaire allows you to select the appropriate time frame for eviction as required by your state, such as a 3-day notice, 5-day notice, 30-day notice, or other notice period.

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An eviction notice is the first step in the eviction process, and must be used to notify tenants of an impending or possible eviction. Common reasons for using this notice include a tenant being late on rent, violating the terms of their lease, violating a law (e.g. causing a nuisance), or remaining in the unit after their lease has expired (holdover tenants). It can also notify tenants that you are choosing to end their periodic tenancy, such as with week-to-week, month-to-month, or year-to-year tenancies.

In situations where a tenant can avoid eviction by taking action, the notice will specify a date by which they must comply. After serving the tenant with an eviction notice, landlords are recommended to allow their tenants an opportunity to cure any lease violations before continuing with the eviction process whenever possible. This process normally requires filing a suit in court unless it is an emergency.

Completing the Notice

You will need the following information to complete the notice:

  • The names of each tenant on the lease
  • The property address
  • The reason you are pursuing eviction, which could include an expired lease, nonpayment of rent, a lease violation, ending a periodic tenancy, or some other reason
  • Details regarding your reason for eviction, such as how much rent is owed or which lease violation occurred
  • The method(s) of serving the notice on the tenant that you might use, such as by mail, personal delivery, posting the notice on the property, or some other method
  • The date you plan on serving the notice

In many states, accepting rent after the expiration of a fixed-term lease automatically converts it to a month-to-month tenancy. If this has occurred, indicate your reason for eviction and select the notice period for ending a periodic tenancy.

You must follow state law for properly serving (delivering) the notice to the tenant. We include a Proof of Service page with your eviction notice, which will help provide evidence of when and how you served it. We recommend completing this page; however, it is optional in most states besides California.

Note that in the event that you want the tenant to vacate immediately, then select a notice period of zero days when prompted, if permitted in your state.

Important: Our eviction notice questionnaire provides the notice periods applicable for your state. Do not use a shorter notice period than allowed by your state, unless your lease agreement explicitly permits it. Be sure to comply with any notice periods and related terms stated in your lease.

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State-Specific Eviction Notice Information

Alabama – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Alaska – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Arizona – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Arkansas – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. If your reason for eviction is failure to pay rent, then landlords may file a criminal misdemeanor case requiring the tenant to pay $1 – $25 for each day that rent remains unpaid while continuing to occupy the unit. Landlords can also choose to file a non-criminal claim, called an "unlawful detainer suit," if they do not want to pursue criminal proceedings.

California – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. In the event that a tenant continues to occupy the unit after the expiration of the lease and the landlord accepts a rental payment, then the tenancy automatically converts to a month-to-month tenancy, which requires the landlord to serve a 30-day notice.

Colorado – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Connecticut – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice or the last day. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Sunday. When a month-to-month tenant is being evicted for failure to pay rent, landlords cannot serve the notice until 10 days after the rent was due, excluding the due date.

Delaware – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

District of Columbia – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Florida – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice, weekends, or government holidays. For example, if the required notice period is three days and the tenant receives the notice on a Thursday, then the tenant will be required to vacate by the end of the day on Tuesday. Landlords are entitled to receive double the amount of overdue rent for any holdover tenants.

Georgia – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Hawaii – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. When rent is overdue, landlords cannot serve the notice until at least five days have passed after the due date.

Idaho – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Illinois –To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. Outside of Chicago, tenants normally cannot cure lease violations in order to stay in the unit. However, tenants can cure failure to pay rent by repaying within the notice period or before the landlord files a Summons and Complaint for Forcible Entry and Detainer.

Indiana – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. When a tenant is being evicted for failure to pay rent, landlords cannot serve the notice until 10 days after the rent was due, excluding the due date.

Iowa – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. If a landlord accepts a partial rent payment during the notice period, then they must provide the tenant with a written notice that the notice period has been extended. However, if the tenant fails to repay all monies owed within the extended grace period, then the landlord may proceed with eviction without further notice.

Kansas – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. State law requires that the tenant has 14 days to cure any lease violation and they must vacate within 30 days if they fail to cure the violation within that time.

Kentucky – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Louisiana – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice, weekends, or government holidays. For example, if the required notice period is three days and the tenant receives the notice on a Thursday, then the tenant will be required to vacate by the end of the day on Tuesday.

Maine – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. When a tenant is being evicted for failure to pay rent, landlords cannot serve the notice until seven days after the rent was due, excluding the due date.

Maryland – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Massachusetts – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Michigan – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice, weekends, or government holidays. For example, if the required notice period is three days and the tenant receives the notice on a Thursday, then the tenant will be required to vacate by the end of the day on Tuesday.

Minnesota – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Mississippi – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. Landlords are required to accept full repayment (but not partial) as long as it is paid prior to receiving a court-sanctioned eviction order.

Missouri – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Montana – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. When serving an eviction notice by certified mail, the date of service is considered to be three days after mailing. Note: Your eviction notice must cite the specific statute number violated unless the eviction reason is substantial damage or causing the unit to be unsafe for others.

Nebraska – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. State law requires that the tenant has 14 days to cure any lease violation and they must vacate within 30 days if they fail to cure within that time.

Nevada – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. Note: State law prohibits the parties from agreeing to any shorter notice periods than those set by statute.

New Hampshire – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. In order to stay in the unit, tenants that are behind on rent must pay an additional $15 fee plus all other outstanding monies owed. Landlords may serve a notice for immediate eviction with no opportunity to cure if a tenant has received three or more notices for nonpayment of rent within a one-year period.

New Jersey – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

New Mexico – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

New York – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

North Carolina – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. In cases where the lease states that the unit will be automatically forfeited if rent remains unpaid for a specific amount of time, then the landlord is not required to accept repayment after that time period has elapsed.

North Dakota – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Ohio – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice, weekends, or government holidays. For example, if the required notice period is three days and the tenant receives the notice on a Thursday, then the tenant will be required to vacate by the end of the day on Tuesday.

Oklahoma – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Oregon – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. Add three days to the notice period if the notice is served via mail. When a tenant is being evicted for failure to pay rent, landlords cannot serve the notice until eight days (five days for week-to-week tenants) after the rent was due.

Pennsylvania – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Rhode Island – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. When a tenant is being evicted for failure to pay rent, landlords cannot serve the notice until 15 days after the rent was due.

South Carolina – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

South Dakota – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday. When a tenant is being evicted for failure to pay rent, landlords cannot serve the notice until three days after the rent was due.

Tennessee – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Texas – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice, weekends, or government holidays. For example, if the required notice period is three days and the tenant receives the notice on a Thursday, then the tenant will be required to vacate by the end of the day on Tuesday.

Utah – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Vermont – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Virginia – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Washington – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

West Virginia – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Wisconsin – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice, weekends, or government holidays. For example, if the required notice period is three days and the tenant receives the notice on a Thursday, then the tenant will be required to vacate by the end of the day on Tuesday.

Wyoming – To calculate the date that the tenant must vacate the unit, do not include the day that the tenant receives the notice. If the final day of the notice period lands on a weekend or government holiday, then use the following business day for the eviction date. For example, if the required notice period is three days and the tenant receives the notice on a Wednesday, then the tenant will be required to vacate by the end of the day on Monday.

Ready To Get Started? Create an Eviction Notice

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Checklist

Step 1: Review and Sign

After completing your eviction notice using LegalNature, you are ready to review, print, and sign. If you need to make any changes to the notice, download it in .doc format and edit it in Microsoft Word or Google Documents.

Step 2: Serve the Tenant

Properly serve the tenant in accordance with state law. Most states permit service via in-person delivery, posting on the premises (normally the door), or first-class mail. Landlords often serve the notice via multiple methods in order to make sure the notice is received.

We recommend completing the Proof of Service page that comes attached to your eviction notice. This is used to provide evidence of how and when the notice is served in case you end up having to request an eviction order in court. California landlords are required to use this form.

Step 3: Follow Up

If the notice permits the tenant to fix the issue, then follow up with them to determine whether the issue has been resolved. If the tenant filed a motion to stay, then they will be allowed to continue occupying the unit until a judge reviews the case.

If the tenant does not comply with the eviction notice and remains in the unit, the next step is to initiate formal eviction proceedings by filing an unlawful detainer suit in court. At this time the tenant should be served with a complaint detailing the claim filed. Unfortunately, it can take weeks or months before these proceedings end and the tenant is forced to leave the property. This is why landlords are encouraged to do everything possible to come to an amicable resolution before starting the court process.

Note that it is illegal for landlords to change the locks on the unit, remove the tenant’s personal property, or try to physically force the tenant out, and doing so can result in severe legal consequences for the landlord..

Step 4: Inspect the Unit

After the tenant has vacated, conduct a thorough inspection of the unit. Take pictures or videos of any damage and make written notes itemizing all expenses paid to restore the unit that are being subtracted from the security deposit. You may need to allow the tenant to be present for the inspection in order to comply with state or local law.

Step 5: Return Any Remaining Security Deposit Funds

Despite being evicted, tenants still have rights under state law concerning when and how their security deposit is returned and how any deductions are made.

Step 6: Review the Lease

Read through the lease one last time to ensure that all of the parties’ obligations have been met. As always, it is important for landlords to have a thorough understanding of relevant state and local laws.

Ready To Get Started? Create an Eviction Notice