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Eviction notice

Reviewed by Clausery editors · · 3 min read

A formal notice that eviction proceedings will begin if the tenant does not fix a lease violation (or leave) within the required deadline. Used after pay-or-quit or cure-or-quit deadlines have expired.

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An eviction notice (cure-or-quit or unconditional quit) tells the tenant they have violated the lease and must either fix the violation (cure) or move out (quit) within a set number of days, or the landlord will file for eviction in court.

Eviction is heavily regulated - every step is dictated by state and local law. Using the wrong form, wrong notice period, or wrong delivery method can dismiss your case and force you to start over.

What to include#

  • Tenant and property. Tenant names, property address and unit number, landlord/manager.
  • Violation. Specific lease violation (non-payment, unauthorised pet, property damage, illegal activity) and dates of prior notices.
  • Cure or quit. Either fix the violation by X date (pay rent, remove pet, etc.) or vacate the property by Y date.
  • Unconditional quit. For severe violations (illegal activity, repeated non-payment, substantial damage), the notice may require leaving without option to cure.
  • Court filing warning. Notice that failure to comply will result in an unlawful detainer/eviction lawsuit and possible money judgment.

How to fill it in#

  1. Step 1: Get legal guidance

    Consult a landlord-tenant attorney or local housing authority on the correct notice type and period.

  2. Step 2: Use the correct form

    Cure-or-quit for curable violations; unconditional quit for severe breaches; pay-or-stay/quit for rent only.

  3. Step 3: Reference prior notices

    Cite dates and types of any earlier notices already served on the tenant.

  4. Step 4: Deliver per statute

    Follow exact service rules - hand it to the tenant, post on the door AND mail certified, as required.

  5. Step 5: File with the court if needed

    If the tenant does not comply by the deadline, file for eviction in the appropriate court with proof of service.

Late rent notice

Pay-or-quit notice before eviction stage.

Notice to vacate

End-of-tenancy notice for non-renewal.

Lease termination agreement

Mutual early move-out instead of eviction.

Payment demand letter

Formal demand for unpaid rent before court.

Free landlord forms

Full landlord/tenant template set.

Questions

Can I evict without notice?

Almost never. Even illegal activity usually requires some notice. Self-help eviction (lockouts, shutting off utilities) is illegal everywhere.

How long is the notice?

3-30 days depending on state, reason and lease type. Illegal activity can sometimes be 24 hours; non-payment typically 3-14 days.

Do I need a lawyer?

Small claims/landlord-tenant court may allow self-representation but an attorney is recommended for anything complex.

What if they pay during the notice?

In most states full payment of rent within the pay-or-quit period stops the eviction for that non-payment episode.

How long does eviction take?

Anywhere from 2 weeks to 3+ months depending on the state, court backlog and tenant defences.

Browse all templates →

These are general templates, not legal or tax advice. Have anything unusual reviewed for your jurisdiction.

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