What Is Eviction Notice?

Understanding Eviction Notices

Nobody gets into landlording hoping to evict people. But it happens. Tenants stop paying rent. They violate lease terms. They refuse to leave when the lease expires. When that happens, an eviction notice is the legally required first step to protect your property and your income.

Here is the critical thing to understand: an eviction notice is NOT the eviction itself. It is the beginning of a legal process. You cannot change the locks, shut off utilities, or remove a tenant's belongings. That is called "self-help eviction" and it is illegal in every single state. You will get sued and lose.

The eviction notice starts a clock. Once that clock runs out and the tenant has not complied, you can file an eviction lawsuit (called an "unlawful detainer" in most states) with your local court.

Types of Eviction Notices

Pay or Quit. This is the most common type. The tenant has not paid rent, and you are giving them a deadline to pay in full or move out. Most states require 3-5 days for this type of notice. In some states it is as short as 3 days (California, Florida) or as long as 14 days (Vermont).

Cure or Quit. The tenant has violated a lease term (unauthorized pet, excessive noise, unauthorized occupant) and you are giving them a chance to fix the problem. Notice periods are usually 7-30 days depending on the state and the severity of the violation.

Unconditional Quit. The tenant must leave, period. No chance to fix anything. This is reserved for serious violations: illegal activity on the property, major property damage, or repeated violations after previous warnings. Not available in every state.

Notice to Vacate (No Cause). Used to end a month-to-month tenancy without the tenant doing anything wrong. You simply want the unit back. Notice periods are typically 30-60 days. Some cities with rent control require "just cause" for this type of notice.

How to Serve an Eviction Notice

Step 1: Determine the correct notice type. Match the reason for eviction to the right notice. Non-payment of rent gets a Pay or Quit notice. A lease violation gets a Cure or Quit. Using the wrong notice type can get your case dismissed in court.

Step 2: Use the correct form. Many states have specific language or forms that must be used. Check your state's landlord-tenant statutes or use forms from your local landlord association. The notice must include the tenant's name, property address, reason for the notice, deadline, and what the tenant must do.

Step 3: Serve it properly. How you deliver the notice matters legally. Most states accept personal delivery (handing it directly to the tenant), posting on the door plus mailing a copy, or certified mail. Some states require specific service methods. Improper service is the number one reason eviction cases get thrown out.

Step 4: Document everything. Take a photo of the notice posted on the door with a timestamp. Keep the certified mail receipt. Have a witness if you deliver it in person. You will need to prove in court that the tenant received the notice.

Step 5: Wait for the notice period to expire. Do not file with the court before the deadline passes. If you serve a 3-day notice on Monday, you cannot file until Thursday at the earliest (most states do not count the day of service). Check your state's rules on counting days and whether weekends and holidays are included.

Real Example: Non-Payment Eviction Timeline in Texas

Your tenant in a $1,200/month unit has not paid March rent. Here is the typical timeline:

March 1: Rent is due. March 4: Grace period ends, $60 late fee applied per your lease agreement. March 5: You serve a 3-Day Notice to Pay or Vacate. March 8: Notice period expires. Tenant has not paid. March 9: You file an eviction petition with the Justice of the Peace court. Filing fee is about $120. March 15: Court hearing. If the tenant does not show or cannot prove they paid, the judge rules in your favor. March 20: Tenant has 5 days to appeal. If no appeal, you request a Writ of Possession. March 26: Constable posts a 24-hour vacate notice. March 27: If tenant is still there, constable supervises the lockout.

Total time from missed rent to regaining possession: about 27 days. Total cost: roughly $300-$500 in filing fees and constable costs. Total lost rent: $1,200 plus the late fee you probably will not collect.

In New York, this same process takes 3-6 months. In California, 2-4 months. Know your state's timeline before you need it.

Common Mistakes

Accepting partial payment after serving notice. In many states, accepting any rent payment after serving a Pay or Quit notice resets the process. If you serve a 3-day notice and then accept $500 of the $1,200 owed, you may need to start over. Check your state law on this one.

Self-help eviction. Changing locks, shutting off water, removing the front door, or dumping belongings on the curb. All illegal. All will result in the tenant suing you and winning. Do not do it no matter how frustrated you are.

Wrong notice period. Serving a 3-day notice in a state that requires 5 days gets your case dismissed. You have to start over, losing more time and money.

Not documenting the violation. If you are evicting for a lease violation, you need evidence. Photos, video, written complaints from other tenants, police reports. "I saw them doing it" is not enough in court.

Frequently Asked Questions

How long does it take to evict a tenant?

The timeline varies dramatically by state. In Texas, an uncontested eviction can take 3-4 weeks. In New York or California, it can take 3-6 months or longer. The process includes the notice period, filing with the court, the hearing, and enforcement of the judgment.

Can I evict a tenant without a notice?

No. Every state requires written notice before you can file for eviction in court. Even in states with short notice periods, you must serve the notice properly and wait for it to expire before filing. Skipping this step will get your case dismissed.

How much does an eviction cost?

Direct costs include court filing fees ($50-$400), process server or constable fees ($50-$150), and attorney fees if you hire one ($500-$2,000+). Indirect costs include lost rent during the process. A typical uncontested eviction costs $500-$1,500 total. Contested cases with attorneys can run $3,000-$10,000.