Eviction notice: the four types and what each one must say

An eviction notice is the first step, not the eviction. Which of the four notices you serve depends on why you want the tenant out — and getting that choice wrong restarts the clock.

Published July 25, 2026·4 min read

An eviction notice is the written warning a landlord serves before filing an eviction case. There are four kinds, and the right one depends entirely on the reason: pay rent or quit (nonpayment), cure or quit (a lease violation the tenant can fix), unconditional quit (a serious violation with no chance to fix), and termination of a month-to-month tenancy (no cause). Every one of them must identify the parties and the property, state the ground with facts, give a deadline, and be served in a way state law recognises.

Which notice fits

Situation	Notice	Typical period
Rent unpaid	Pay rent or quit	3-14 days, by state
Unauthorised pet, extra occupant, subletting	Cure or quit	3-30 days, by state
Illegal activity, serious damage, repeat violations	Unconditional quit	short, by state
You simply want the unit back, tenant is month-to-month	Termination notice	30-60 days, by state

Notice periods are set by state law and often by city ordinance. Some states count business days, some exclude the day of service, some require additional days when the notice is mailed. Verify the current figure before you set a date — this is where most defective notices come from.

What every notice must contain

The tenants' names — everyone on the lease, plus "and all others in possession".
The property address, including unit number.
The ground, with facts. Not "you are in violation", but "$2,400 is unpaid for June and July 2026" or "an unauthorised dog was kept at the Premises on 3 and 11 June 2026".
What the tenant must do, if anything: pay a stated sum, or take a specific corrective step.
The deadline — a number of days and a calendar date.
What happens next if they do not comply: legal proceedings for possession.
How and where to pay or respond, with the landlord's address.
Signature and date, plus a proof of service block.

The mistake that voids a pay-or-quit notice

Several states require a pay-or-quit notice to demand rent only. Fold in late fees, utility charges, or damage to the carpet, and the whole notice can be held defective — meaning you serve again and start the period over, having lost weeks.

If other charges are genuinely owed, demand the rent in the notice and pursue the rest separately. Overstating the rent has the same effect as mixing charges: a tenant who pays the true rent owed has complied, and a notice demanding more than is due may be invalid.

Serving it properly

Common methods, in order of reliability: personal delivery to the tenant; substituted service on another adult occupant plus a mailed copy; posting on the premises plus a mailed copy (usually permitted only after attempts at the first two); and certified mail where the state allows it.

Whatever you use, complete the proof of service: who served it, how, when, and where. Possession hearings are lost on service far more often than on the merits, and a proof of service completed months later is worth much less than one completed the same day.

What the notice does not do

It does not end the tenancy, it does not make the tenant a trespasser, and it does not authorise you to act. If the tenant stays, you file an eviction action, obtain a court order, and have a sheriff or marshal enforce it.

Changing locks, removing belongings, or cutting off utilities is unlawful in every state — with damages, penalties and sometimes criminal exposure attached. It remains unlawful when the rent is genuinely months behind.

One more risk to keep in mind: serving a notice shortly after a tenant complains about conditions, calls a code inspector, or joins a tenant group can be treated as retaliation. Keep a dated record of the reason for the notice.

Generate the notice

Our template builds all four notice types from the reason you select, with the rent figures or violation particulars set out properly, the deadline, the consequences, a signature block and a proof-of-service block — and flags a deadline that falls before service, a period shorter than most states allow, and a rent demand that mixes in other charges.

→ Eviction Notice (Notice to Quit)