When to Use

  • You are a landlord or property manager and need to evict a tenant who is late on rent or has otherwise violated the lease.
  • You want to formally notify your tenant that they must resolve a lease violation within a certain amount of time or else they will be evicted from the property.
  • Your tenant has remained on the property after the lease term has ended or after you notified them that you are ending their week-to-week, month-to-month, or year-to-year tenancy.

Other Names for This Document

  • Eviction notice
  • Tenant eviction letter
  • Notice to vacate
Our questionnaire allows you to select the appropriate time frame for eviction as required by state law, such as a 3-day notice, 5-day notice, 30-day notice, or other notice period.

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Help Guide

A notice to quit is used to notify tenants that they are being evicted or might be evicted if immediate action is not taken. They are most often used where tenants are behind on their rental payments, have violated their lease agreement, have committed a crime or violated the law (e.g. created a nuisance or unsafe condition on the property), or have continued to occupy the property after the term of the lease has expired (holdover tenants). You may also use a notice to quit in order to terminate a week-to-week or month-to-month tenancy.

If the tenant can remedy the issue, the notice will inform the tenant that they will not be evicted if they are able to do so within the stated notice period. It is best to try to provide tenants with an opportunity to remedy their violations when possible. In the event that eviction proceedings are initiated, this will show the judge that a good-faith attempt at reconciliation was made.

Completing the Notice

Each notice to quit must state how long the tenant has to either cure their violation (if allowed) or leave the property. LegalNature’s notice to quit form builder will guide you through selecting the appropriate reason for eviction and include the appropriate notice period options. Important: State law provides specific minimum notice periods that must be used depending on the reason for eviction. Landlords may not use a shorter notice period than allowed by state law but may use longer notice periods. The only time a landlord may use a shorter notice period is where the lease agreement explicitly allows it.

If a landlord accepts rent after the term of the lease agreement has ended, state law will often automatically convert it to a month-to-month tenancy. In this case, your notice will state that your reason for eviction is to end the month-to-month tenancy and will specify the appropriate notice period in your state.

Landlords must also meet the state requirements for properly serving the notice on the tenant. Each state has different rules that landlords are required to know and follow. LegalNature’s form includes a Proof of Service page that helps landlords prove that their notice was properly served. This page is required in California, and, while optional in many other states, we recommend that landlords always use it.

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State-Specific Notice to Quit Information

Alabama – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Alaska – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Arizona – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Arkansas – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Arkansas is the only state that allows landlords to institute criminal misdemeanor proceedings, called a "failure to vacate" action, for failure to pay rent. In this case, the court can force the tenant to pay $1 to $25 for each day the tenant remains in possession without paying. Otherwise, the landlord can file an "unlawful detainer" civil action for nonpayment of rent or lease violations.

California – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the landlord accepts rent after the fixed-term lease expires, a month-to-month tenancy is generally created and the tenant is no longer considered a holdover tenant. If the landlord then decides to terminate the tenancy, he or she would have to serve a 30-day notice to terminate the month-to-month tenancy.

Colorado – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Connecticut – When calculating the date a tenant must vacate by, the notice time does not include the first day or the last day. For example, if a three-day notice is served on April 01, then the tenant must comply or vacate by April 05. For evictions where the lease is month to month and the eviction reason is for nonpayment of rent, the notice cannot be served until 10 days after the rent is due, not counting the due date, so that it would be served on the eleventh day after the first of the month.

Delaware – When calculating the date a tenant must vacate by, do not include weekends or the day of service. For example, if a five-day notice is served on a Friday, then the tenant must vacate by 5:00 PM on the following Friday (since Saturday and Sunday do not count).

District of Columbia – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Florida – When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation. Landlords may also recover double the amount of rent due for the period during which the tenant refuses to surrender possession.

Georgia – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Hawaii – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, then the landlord also must wait five days after the rent is due before serving the notice.

Idaho – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Illinois – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Unless they are located in Chicago, tenants typically do not have the right to cure lease violations and stay in the property. However, all tenants can cure nonpayment of rent should they pay the entire rent within the time limit, or if they pay the rent beyond the time limit but before the landlord files a Summons and Complaint for Forcible Entry and Detainer, in which case the eviction process must cease.

Indiana – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, then the landlord also must wait 10 days after the rent is due before serving the notice.

Iowa – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. A landlord can choose to accept a partial rent payment. This must be accompanied with giving the tenant a written grace period to pay the remainder. If the tenant does not pay the entire amount due by the end of the grace period, then the landlord can proceed with the next step in the eviction process without giving additional notice.

Kansas – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. In Kansas, the statutory minimum notice required for a lease violation is 14 days to fix the violation, and if the tenant does not cure the violation within this time, the tenant must vacate within 30 days.

Kentucky – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Louisiana – When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Maine – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, then the landlord also must wait seven days after the rent is due before serving the notice.

Maryland – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Massachusetts – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Michigan – When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Minnesota – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Mississippi – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. The landlord is not allowed to refuse to accept the full payment of the rent prior to the issuance of an eviction order.

Missouri – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Montana – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Furthermore, if notice is made with a certificate of mailing or by certified mail, then service of the notice is considered to have been made upon the date three days after the date of mailing. Note: If your reason for eviction is a reason other than substantial damage to the unit or making the unit unsafe for others, then you need to also include the specific statute number the tenant has violated when describing the violation.

Nebraska – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. In Nebraska, the statutory minimum notice required for a lease violation is 14 days to fix the violation, and if the tenant does not cure the violation within this time, the tenant must vacate within 30 days.

Nevada – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Note: A lease agreement cannot shorten any statutory notice period.

New Hampshire – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, then the tenant must also pay $15 along with the total amount of rent due to remain. If the tenant has been served three times in a 12-month period for nonpayment of rent, then the landlord can serve a notice for immediate eviction and proceed with the eviction with no right to cure by the tenant.

New Jersey – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

New Mexico - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

New York – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

North Carolina – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the lease provides for automatic forfeiture of the premises upon nonpayment of rent after a certain time, then any tender of the rent within 10 days does not have to be accepted by the landlord.

North Dakota – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Ohio – When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Oklahoma – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Oregon – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Add three days to the notice period if the notice is mailed. If the reason for eviction is nonpayment of rent, then the landlord also must wait eight days (five days if it is a week to week tenancy) after the rent is due before serving the notice.

Pennsylvania – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Rhode Island – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, then the landlord also must wait 15 days after the rent is due before serving the notice.

South Carolina – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

South Dakota – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, then the landlord also must wait three days after the rent is due before serving the notice.

Tennessee – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Texas – When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Utah – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Vermont – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Virginia – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Washington – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

West Virginia – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Wisconsin – When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Wyoming – When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

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Frequently Asked Questions

What kinds of notices to quit are there?

There are three main types of notices to quit. Note that while these notice periods differ slightly from state to state, they generally follow these three examples:

  • A 3-day notice to quit is used to terminate a tenancy when the tenant has failed to pay rent, violated provisions of the rental agreement, is utilizing the property for an illegal purpose, has caused damage to the property, or has created a nuisance.
  • A 30-day notice to quit is used to terminate a tenancy of a residential property that has been in duration for less than one year.
  • A 60-day notice to quit is used to terminate a tenancy of a residential property that has been in duration for more than one year.

Additionally, certain circumstances require specialized notices to quit. For example, if a tenant's rent is subsidized, then a longer notice to quit must be given. As state and city laws vary, it is important to understand the laws in your area. It is recommended that you check with your local rent board.

How is a notice to quit served?

There are two main ways to serve a notice to quit: certified mail or using a professional process server. However, it is important to know your local rules, as they may vary depending on your city or state.

Certified Mail

The most effective way to serve a notice to quit is to send the notice via certified mail with a return receipt. After this is done, the notice to quit is also posted conspicuously on the property, such as on the front door or garage.

Use of a Process Server

A process server or professional service company will actually serve the tenants with the notice. The problem with this procedure is that if the tenant knows that they are behind on rent, then they may not be easy to find.

Other Common Methods

Depending on your local rules, the landlord may also be able to serve the notice via the following methods:

  • Posting the notice at the premises
  • Personal delivery to each tenant
  • Personal delivery to one tenant
  • Personal delivery to a non-tenant

What is a notice for termination without cause?

A notice for termination without cause is used by landlords to end a tenancy where the tenant has not done anything wrong. These types of notices to quit are frequently used by landlords who wish to raise the rent and need to remove the tenant in order to do so. A 30-day notice to quit is used to end the tenancy of month-to-month rentals or a lease agreement that has been in existence for less than one year. A 60-day notice to quit is most frequently used to end a lease agreement that has been in existence for at least one year.

What is a notice for termination with cause?

Landlords use a notice for termination with cause to rectify a tenant’s failure to comply with obligations found within a lease agreement. A landlord should always be familiar with their local and state laws as the rules for serving a notice to quit can vary greatly.

Common causes are:

  • failure to pay rent,
  • damaging the property, or
  • violating one or more terms of the lease agreement.

A 3-day notice to quit is usually used when a tenant has failed to pay rent and the landlord wants to remedy this situation as quickly as possible.

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Checklist

Step 1: Review and Sign

After completing your notice to quit, you may download it in PDF or Microsoft Word format. Use Word format if you would like to make any edits. Then simply print and sign.

Step 2: Serve the Tenant

Your notice must be served on the tenant in accordance with state law. Landlords usually have a few options here and often deliver the notice to the tenant in person, post the notice on the door of the unit, or mail it. Consider printing multiple copies and serving the notice via multiple methods in order to help ensure that the notice is promptly received.

We also recommend incorporating the attached Proof of Service form into your process. This allows the person serving the notice to formally attest to the date and method of service to provide evidence in any eviction court proceedings. This form is required for California landlords and recommended in other states.

Step 3: Follow Up

When the tenant is allowed to fix a violation, then the landlord should follow up at the end of the notice period to determine whether the problem was actually remedied. You may also be notified that the tenant filed a motion to stay. This allows the tenant to stay in the unit until a judge can review the case.

If the tenant fails to fix the violation or fails to move out before the expiration of the notice period, then the landlord should begin eviction proceedings. In most states this is called an unlawful detainer suit. The tenant will again need to be served, this time with a complaint for eviction. Unfortunately, this process can sometimes take weeks or months to complete before the tenant is forced to leave.

The landlord must never attempt to take matters into their own hands by changing the locks or personally attempting to force the tenant out of the unit. While these options might sound like an easy fix, the landlord would likely end up in serious legal trouble. After winning the unlawful detainer suit, a law enforcement officer will escort the tenant off of the premises if necessary.

Step 4: Inspect the Unit

When the tenant is finally out of the unit, you should immediately and thoroughly inspect it. Take lots of pictures of any damage. It is also recommended that you take a video of the entire unit. This may come in handy if there is a dispute over the damages or security deposit. Note that state or local law may require that the tenant be present for the inspection.

Step 5: Return Any Security Deposit Funds that Remain

Most states have very strict laws concerning security deposits. Even if a lease violation occurred, landlords may still be required to return the deposit along with an itemized report of any deductions.

Step 6: Review the Lease

Do a final read-through of the lease agreement to ensure that all landlord and tenant obligations have been met.

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