An eviction notice (also called a notice to vacate or a notice to quit) is a written warning a landlord serves on a tenant who has broken the lease agreement. It names the problem, states what the tenant must do about it, and sets the date by which they must act. It is often enough to bring the tenant back into compliance without a court case.
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In most cases, a notice to quit sent by a landlord to a tenant is curable. A curable notice gives the tenant a time frame (for example, a week) to make things right and fix the problem they have caused. Usually, this involves paying rent fully, fixing the damages done to the rental property, or paying for cleaning if the property is not in livable condition.
There are lease violations that are considered incurable, meaning the tenant should unconditionally leave the premises. These types commonly include the use of drugs, causing significant property damage, conducting illegal activities such as gambling, intentional destruction of property, subletting without the landlord’s consent, etc. Each state has its own list of incurable violations, so check your state law before you choose a notice.
Eviction is the legal process a landlord uses to remove a tenant who has broken the lease. The usual grounds are non-payment of rent or another serious violation. A landlord can try to settle the matter informally first, but once that fails the next step is a written notice to terminate the tenancy.
A landlord can usually start an eviction for:
A landlord who is willing to give the tenant a chance can serve a curable notice. That lets the tenant keep the tenancy by meeting the demand in the notice, usually by paying what is owed or repairing the damage.
If the tenant does not fix the problem, the landlord can file for eviction. Most tenants comply with the notice and move out on their own.
If the tenant stays and contests the case, only the court can order the removal, and a law enforcement officer carries it out. When the case ends, the losing side is usually ordered to cover the winner's court costs.
While the end result of the eviction process is always the same, tenants either pay rent or quit the property, the reason for filing it may be different. Depending on the reason the landlord wants the tenant to leave, the form and wording of the eviction notice changes.
Here are the types of free eviction forms you can find at FormsPal.
The most common eviction form template is a notice to pay or vacate, otherwise known as a pay or quit notice or past due rent notice. This form is used when the tenant has not paid rent that is due. It is a curable notice: the tenant is given a set number of days to pay or move out, and that period is set by state law.
The notice should include a copy of the lease agreement and proof of non-payment of rent. The document gives the tenant the option to either pay the rent owed or vacate the property.
This notice should state the sum owed to the property owner as well as a reasonable deadline for payment. You can find a free template of pay or quit notice on FormsPal. All you have to do is fill in the blanks and sign the document.
Not all eviction notices are filed because of the non-payment of rent. Some tenants may be ordered to vacate the premises because they have failed to comply with some lease requirements.
The examples are as follows:
This notice is also curable. The tenant has a limited time frame to “cure” the problem they have created. If they do not meet the requirements of the lease agreement, they are ordered to vacate the premises.
At FormsPal, you can find a notice to comply or vacate forms that handle most situations that can go wrong with a tenancy. If you can’t find a template that is right for you, you can use the eviction form builder to create a custom eviction notice.
Illegal activity is one of the few grounds that let a landlord end a tenancy on very short notice. In some states the tenant gets 24 hours to leave, and others require a 3-day notice.
Unlike a past due rent notice, this one usually cannot be cured. Paying money does not undo the violation, so the tenant has to go.
This kind of notice usually does not require a criminal case against the tenant first. The landlord does need real evidence of the activity, not just a suspicion, and it is worth taking legal advice before serving it.
Illegal activities that can lead to an eviction like this include:
If there is no fixed-time rental agreement or it has expired, the tenancy is continued on a month-to-month basis, also known as a tenancy at sufferance. This arrangement, often known as tenancy-at-will, can carry on until one of the parties of the agreement sends a termination notice.
Both landlord and a tenant are able to file this notice, notifying the other party that they are leaving the property or that they’re required to leave. In most states, this should be done on a 30-day notice. Some even make it as high as 60 days. The idea behind this is to give the other party sufficient time to find another housing option.
Unlike the other notices, this one does not need a just cause. With no fixed-term lease in place, the landlord can ask the tenant to leave without giving a reason. The notice period still has to be honored.
Every state sets its own notice periods. The notice you send and the time you must wait depend on where the property is. The first column shows how many days of warning a tenant gets before the landlord may file, for non-payment and for a lease violation. The other columns cover the time to move after a writ of restitution, and the statute behind each rule.
| STATES | Non-Payment/Non-Compliance Notice | Time to Vacate after Receiving the Writ of Restitution | State Laws |
| Alabama | 7 business days | 7 days | Alabama Code, Section 35-9A, Article 4 |
| Alaska | 7 days / 10 days | Not defined | Alaska Statutes, Section 34.03, Articles 05 and 06 |
| Arizona | 5 days / 10 days | 12 hours to 5 days (depending on the reason for eviction) | Arizona Revised Statutes, Sections 33-1361 to 33-1378 |
| Arkansas | 3 days / 14 days | 24 hours | Arkansas Annotated Code, Sections 18-17-701 to 18-17-707 |
| California | 3 days | 5 days | California Code of Civil Procedure, Sections 1161 to 1161b |
| Colorado | 10 days | No writ can be issued until 48 hours after the time of entry of the judgment | Colorado Revised Statutes, Sections 13-40-101 to 13-40-127 |
| Connecticut | 3 days / 15 days | 24 hours | Connecticut Revised Statutes, Chapter 832, Sections 47a-23 to 47a-42a |
| Delaware | 5 days / 7 days | 24 hours | Delaware Code, Title 25, Sections 5501 to 5517 |
| Florida | 3 days / 7 days | 24 hours | Florida Statutes, Sections 83.40 to 83.683 |
| Georgia | Immediate / Not specified | At least 7 days | Georgia Code, Title 44, Chapter 7 |
| Hawaii | 15 days / 10 days | Not defined | Hawaii Revised Statutes, Sections 521-61 to 521-82 |
| Idaho | 3 days | Immediately to 5 days | Idaho Statutes, Sections 6-301 to 6-324 |
| Illinois | 5 days / 3 days | 7 to 14 days | Illinois Compiled Statutes, Chapter 735, Sections 5/9-201 to 5/9-212 |
| Indiana | 10 days / Not specified | 48 to 72 hours (depending on the reason for eviction) | Indiana Code, Sections 32-31-1-1 to 32-31-1-23 |
| Iowa | 3 days / 7 days | 3 days | Iowa Code, Sections 562A.21 to 562A.33 |
| Kansas | 10 days / 14 days | Within 14 days | Kansas Statute, Chapter 58, Article 25 |
| Kentucky | 7 days / 15 days | 7 days | Kentucky Revised Statutes, Sections 383.500 to 383.715 |
| Louisiana | 5 days | 24 hours | Louisiana Code of Civil Procedure, Articles 4701 to 4705 |
| Maine | 7 days | 48 hours | Maine Revised Statutes, Title 14, Sections 709-6000 to 709-6017 |
| Maryland | 10 days / 30 days | Within 60 days | Maryland Annotated Code, Real Property, Sections 8-401 to 8-501 |
| Massachusetts | 14 days / Not specified | 48 hours | Massachusetts General Laws, Chapter 140, Section 32J |
| Michigan | 7 days | No writ can be issued until 10 days after the time of entry of the judgment | Michigan Compiled Laws, Sections 554.131 to 554.139 |
| Minnesota | 14 days / Not specified | 24 hours | Minnesota Statutes, Section 504B.281 to 504B.371 |
| Mississippi | 3 days / 30 days | Immediately to 5 days | Mississippi Annotated Code, Sections 89-8-1 to 89-8-29 |
| Missouri | Immediate / 10 days | 24 hours to 5 days | Missouri Revised Statutes, Chapter 441 |
| Montana | 3 days / 14 days | Not defined | Montana Annotated Code, Sections 70-24-401 to 70-24-442 |
| Nebraska | 7 days / 14 days | 10 days | Nebraska Revised Statutes, Section 76-1431 |
| Nevada | 5 days / 3 days | 24 to 36 hours | Nevada Revised Statutes, Sections 40.215 to 40.425 |
| New Hampshire | 7 days / 30 days | 5 to 7 days | New Hampshire Revised Statutes, Chapter 540 |
| New Jersey | 30 days | No writ can be issued until 3 days after the time of entry of the judgment | New Jersey Statutes, Sections 2A:18-53 to 2A:18-84 |
| New Mexico | 3 days / 7 days | 3 to 7 days | New Mexico Annotated Statutes, Sections 47-8-1 to 47-8-52 |
| New York | 14 days / 10 days | 10 or 14 days | New York Consolidated Laws, RPA Chapter 81, Article 7 |
| North Carolina | 10 days / Immediate | Up to 5 days | North Carolina General Statutes, Chapter 42, Article 3 |
| North Dakota | 3 days | Not defined | North Dakota Century Code, Chapter 47-32 |
| Ohio | 3 days | 10 days | Ohio Revised Code, Chapter 1923 |
| Oklahoma | 5 days / 15 days | 48 hours | Oklahoma Statutes, Title 41 |
| Oregon | 6 days / 10 or 14 days | No writ can be issued until 4 days after the time of entry of the judgment | Oregon Revised Statutes, Chapter 90 |
| Pennsylvania | 10 days / 15 days | 10 days | Pennsylvania Statutes, 1951 Act 20, Article 5 |
| Rhode Island | 5 days / 20 days | No writ can be issued until 6 days after the time of entry of the judgment | Rhode Island General Laws, Sections 34-18-1 to 34-18-57 |
| South Carolina | 5 days / 14 days | 24 hours | South Carolina Code of Laws, Sections 27-40-610 to 27-40-800 |
| South Dakota | 3 days / Before end of a term | Not defined | South Dakota Codified Laws, Sections 21-16-1 to 21-16-12 |
| Tennessee | 14 days / 30 days | No writ can be issued until 10 days after the time of entry of the judgment | Tennessee Code Annotated, Sections 66-28-501 to 66-28-522 |
| Texas | 3 days / 3 days | 24 hours | Texas Statutes, Property Code, Title 4, Chapter 24 |
| Utah | 3 business days / 3 calendar days | Within 3 days | Utah Code, Sections 78B-6-801 to 78B-6-816 |
| Vermont | 14 days / 30 days | 5 or 14 days | Vermont Statutes, Title 9, Sections 4455 to 4468 |
| Virginia | 5 days / 21 days | 72 hours | Virginia Code, Sections 55.1-1234 to 55.1-1257 |
| Washington | 14 days / 10 days | 3 to 5 days (depending on the reason for eviction) | Washington Revised Code, Chapter 59.12 |
| West Virginia | Immediate | Not defined | West Virginia Code, Sections 55-3A-1 to 55-3A-3 |
| Wisconsin | 5 days / Depending on lease term | Within 10 days | Wisconsin Statutes and Annotations, Sections 704.01 to 704.95 |
| Wyoming | 3 days | 2 days | Wyoming Statutes, Sections 1-21-1002 to 1-21-1017 |
A notice to quit and a notice of intent to vacate are the same kind of document sent by opposite parties. One ends the tenancy from the landlord's side, the other from the tenant's side. Which one you need depends on who is bringing the tenancy to an end.
In a month-to-month tenancy, most states expect at least 30 days of notice from whichever side is ending it. In some states a 60-day notice of lease termination should be served.
If there is a fixed-term lease and the notice is based on a lease violation, the time given to the tenant is usually shorter. It can run from three days for non-payment in some states to 24 hours for illegal activity in others.
A spoken warning carries almost no weight in an eviction case. Most states require the notice to be in writing, and the court needs to see both the notice and proof that the tenant received it. A conversation can still settle the problem, but it will not support a filing.
A written notice, served properly, does four things for you:
Without that paperwork the landlord has no proof of notice to put in front of a judge, and courts do not grant possession on the strength of a verbal warning.
To make a tenant comply or move out, serve an eviction notice by certified mail. Keep the notice and the delivery receipt. Together they are the evidence a court needs if the case goes to a hearing.
Evicting a tenant follows the same basic sequence in every state, even though notice periods and court names differ. You confirm the grounds, serve written notice, wait out the notice period, and only then file with the court. Most states require the written notice before you can file, and the notice period has to run out first.
1. Know your laws
Check your local and state eviction laws before you start. Beyond the Uniform Residential Landlord-Tenant Act, your state law sets which acts justify ending a lease. It also sets how many days of notice you owe the tenant.
Skip that step and the notice can be challenged. Evicting without a valid reason, or giving too little time to move, are the usual grounds. Missing any notice requirement your state sets can also cost you the case and add weeks.
2. Try to negotiate with the tenant
Another step that a landlord may want to take before taking the legal route is talking to your tenant. Most people would be reasonable enough to try and amend their situation whether it’s nuisance or late rent before they’re bothered to appear to a court date.
However, don’t take their word for granted. If they cannot fix the problem immediately, there is no guarantee that they will comply in the long term. You may need to file an eviction notice to be on the safe side regardless. At the very least, the tenant will not become antagonistic upon being surprised by the notice since they know it’s coming.
3. Figure out a reason for eviction
Next, pin down the exact reason for the eviction. Write it into the notice in precise terms. For waste or nuisance, say what the tenant did and attach your evidence. For non-payment, give the amount owed and the months it covers.
However, if it’s a month-to-month rental lease that’s being terminated, the landlord may not have to provide a reason. Just serve a 30-day eviction notice.
4. Set the right eviction date
The timeframe of the eviction depends on the reason for the eviction and the state law that describes it. In most states, a 30-day notice is the right way to end a month-to-month residency. However, some require 60-day notices to be served in this case.
For other reasons for eviction, the timeframes differ greatly. If a tenant is conducting illegal activity on the premises, they can be evicted in 24 hours in some states. Other states require 7-day notices where a tenant has caused serious property damage.
Seek legal advice online or from your lawyer to figure out how much time you need to give the tenant to move out and include that into the document.
5. Find a sample eviction notice for your case
Now that you’re sure what type of eviction notice you need to send, you’ll need to find a template eviction notice that matches your case. You can easily do it here on FormsPal. We offer different types of sample eviction notice forms and they’re all free to use.
If you’re having trouble finding the free eviction notice form that is the right one for you, you can create it. Use our eviction notice builder to create a custom template to use in your specific case.
6. Send eviction notice by certified mail
Once the notice is created and signed, send it to the tenant via certified mail. This is important since you need a record of notice that is only possible to obtain when sending the eviction letter by certified mail.
You may file a case in court with an affidavit of service, but certified mail is still the most comfortable way of handling proof of notice.
7. Wait for the set time period
The eviction notice is considered to be in effect since the day it was delivered. Once you obtain proof of notice, wait for the number of days that are given to the tenant to cure or quit. If they do neither, it’s time to take matters to the court.
8. File the eviction documents with the court
File the notice, the proof of service and the rest of your case documents with the court. The court then sets a hearing date. You and the tenant are both served with a summons. Filing incorrectly can get the case thrown out, so legal advice is worth it here.
9. Attend a hearing
Attend the hearing and let the judge hear both sides. Bring evidence for every claim in your notice. If the judge finds it sufficient, the order for possession goes in your favor.
10. Collect the money owed to you
If there was damage to the landlord’s property or failed rent payment involved, the court order requires the defendant to compensate for the losses of the plaintiff. In that case, you can either collect the amount of money owed to you right away or settle on a payment plan.
After the due process, the losing side is usually liable to pay court fees, attorney fees, and other legal expenses of the winning side.
Filling out an eviction notice takes a few minutes once you have the right form. You will need the names of every adult tenant, the property address, and your own contact details. You also need the reason for the notice and the date by which the tenant must pay, fix the problem, or move out.
1. Choose the correct eviction notice form
Choosing the right form is one of the most important things that you should do before you start filling it out. If you choose the wrong one, it may not be legally viable and will be thrown out by the court, making you start the process again.
Here at FormsPal, we have a collection of free eviction notice forms that are fit for different purposes. Find the one that works for you or create custom eviction notice templates with a free builder on FormsPal.
2. Include information about all adult tenants
The next step is to fill out the information about all adult tenants that reside in the building including their name and mailing address. The phone number and email address are optional. If the landlord is dissatisfied only with some of the tenants, they can file only their names in the eviction notice, however.
3. Include the property address
After this step, fill in the full address of the property that the tenants reside in and that you want them evicted from. This includes street address, apartment number, and zip code.
4. Include your information
The landlord themselves need to add information about themselves as well, including their name, contact information, and mailing address.
5. Include the reason(s) for eviction (optional)
If you’re filling out a month-to-month eviction notice, you may not provide any reason for eviction. However, in all the other cases, you do need to provide a reason for eviction. If there is more than one reason, you need to specify each reason, providing sufficient evidence.
This will later be useful if you need to take the matter to court.
6. Include the due date of eviction
Provide the due date for the tenants to pay or quit. In the case of month-to-month rent termination, you need to give a 30-day notice. Other cases require quit notices from seven to 30 days, depending on your state laws.
7. Sign the eviction form
The final step is putting a signature on the document. Double-check that all the fields are filled out correctly and sign the document.
8. Send via certified mail
Once the notice is ready, send it by certified mail. You need proof of service before the eviction court will hear the case. Some states accept other proof, such as an affidavit from a disinterested party who served it, or a photo of the notice posted on the door. Certified mail is usually the simplest option.
A landlord has duties to the tenant that apply whether or not the lease spells them out. You must hand over possession of the unit, keep it fit to live in, and leave the tenant in peace. In return you can collect rent and a security deposit, screen applicants, inspect the property, and recover damages when the tenant breaks the lease.
The landlords' responsibilities include:
All of these responsibilities are implied even if they’re not included in the lease agreement. The landlords also enjoy the following implied rights:
Never try to remove a tenant yourself. Changing the locks, shutting off heat, water or electricity, or moving a tenant's belongings out is illegal in most states, and it can leave you owing the tenant damages. Get a court order and let a law enforcement officer carry it out.
The only way to legally evict a tenant is through courts that hear evictions and lawyers. It may take more time but if you’re in the right, you will win the lawsuit and regain all the damages. Otherwise, the tenant may win a lawsuit against a landlord and be liable to receive remedies from them.
A tenant's side of the lease is short: pay what you owe, look after the place, and leave it roughly as you found it. In exchange you get a home that is safe to live in, quiet enjoyment of it, your deposit back, and protection from an eviction that ignores the law.
Tenant's responsibilities include the following:
The tenants have the following rights:
If a roommate cannot cover their share of a month-to-month payment, you have two routes. Ask the landlord to take it up with the roommate. Or serve a notice yourself, if you are the one subletting the space. Separate agreements for each occupant prevent this. Then one tenant's unpaid rent is not charged against you.
Serve an eviction notice first, by certified mail. Once you have proof the tenant received it, take it to the court clerk. File it with copies of the lease, the notice, and any complaints from neighbors.
Then you attend a hearing and the judge will give the warning to move out. If they don’t, they will be removed by police under the threat of jail time. In most instances, this process is long, but residents will move out eventually. You will be liable for remedies that you can take out of their advance payment or from their job wages over a period of time.
Do not hand the notice over yourself. Certified mail gives you a certificate of service. Silence from the tenant does not stop you. The notice period still runs, and you can then file. Some counties also let you send a disinterested party to serve it, or post it on the front door and photograph it.
A tenant who is being evicted may file a motion to stay with the courts. If the judge grants it, the case is put on hold. How long the delay runs depends on the court and on your state's rules. Tenants do this to stall the process and win some time to move out or to prepare a better defense or hire a lawyer for representation.
A stay is not always bad for the landlord. The tenant normally stays liable for rent and damages over the extra time, so the amount owed grows.
If you are a tenant who wants to stop the eviction process, you have several options:
