Check the rules for your state. Landlord-tenant law by state →
An eviction notice is the written notice a landlord must give before filing an eviction case. Most states use four kinds: a pay rent or quit notice for unpaid rent, a cure or quit notice for a fixable lease violation, an unconditional quit notice for serious or repeated violations, and a termination notice that ends a month-to-month tenancy without any fault. The name, the number of days and how they're counted all depend on the state, and serving the wrong notice usually means starting over.
This guide explains each type, then compares the rules in the 15 states MakeLease covers in full.
The four types
1. Pay rent or quit
Used when rent is unpaid. It tells the tenant the amount due and gives a deadline to pay in full or move out. If the tenant pays on time, the tenancy continues.
The period ranges from three days to two weeks or more. Some states count only business days, some require specific wording, and some require legal-aid information on the notice itself.
2. Cure or quit
Used for a lease violation the tenant can fix: an unauthorized pet, an extra occupant, a parking or trash violation. It names the violation and gives a deadline to fix it or leave. Our lease violation notice guide has templates.
3. Unconditional quit
Ends the tenancy with no chance to pay or fix. States reserve it for serious conduct (intentional damage, illegal activity, threats to safety) or a repeat of a violation the tenant was already warned about. Some states don't use it at all for ordinary violations.
4. Termination of tenancy (no fault)
Ends a month-to-month or other periodic tenancy, or declines to renew. No violation is needed in most states, but some states and cities require a just cause or longer notice for long tenancies. This is a notice to vacate rather than an eviction notice in the strict sense. If the tenant stays past the date, an eviction case follows. See landlord notice to vacate by state.
Nonpayment notices by state
| State | Notice | Period | Statute |
|---|---|---|---|
| Arizona | Notice to pay rent or quit | 5 calendar days | A.R.S. § 33-1368(B) |
| California | 3-day notice to pay rent or quit | 3 days, excluding weekends and judicial holidays | Cal. Code Civ. Proc. § 1161(2) |
| Colorado | Demand for payment or possession | 10 days (5 for an exempt single-family lease) | C.R.S. § 13-40-104(1)(d) |
| Florida | 3-day notice to pay rent or deliver possession | 3 days, excluding weekends and court holidays | Fla. Stat. § 83.56(3) |
| Georgia | Notice to pay or vacate | 3 business days | O.C.G.A. § 44-7-50(c) |
| Illinois | Landlord's 5-day demand for rent | 5 days | 735 ILCS 5/9-209 |
| Minnesota | Pre-eviction notice with itemized amount and legal-help statements | 14 days | Minn. Stat. § 504B.321, subd. 1a |
| New York | Written rent demand | 14 days | RPAPL § 711(2) |
| North Carolina | Demand for past-due rent | 10 days | N.C. Gen. Stat. § 42-3 |
| Ohio | Notice to leave the premises, with statutory warning language | 3 days | Ohio Rev. Code § 1923.04(A) |
| Oregon | Nonpayment notice | 10 days (served day 8 or later) or 13 days (day 5 or later) | ORS 90.394 |
| Pennsylvania | Notice to quit | 10 days | 68 P.S. § 250.501(b) |
| Texas | Notice to pay rent or vacate | 3 days unless the lease sets another period | Tex. Prop. Code § 24.005(a) |
| Virginia | Pay or quit notice | 14 days | Va. Code § 55.1-1245(F) |
| Washington | 14-day notice to pay or vacate on the statutory form | 14 days | RCW 59.12.030(3); 59.18.057 |
A few details matter more than the number of days:
- Ohio's notice is a notice to leave the premises, and it must contain the statutory warning language.
- Pennsylvania's notice is also a notice to quit, and a lease can validly waive or shorten it.
- Texas requires the pay-or-vacate form only if the tenant wasn't late before the month of the notice; otherwise a plain notice to vacate is allowed. The step-by-step is in how to evict a tenant in Texas.
- California limits the notice to rent: late fees can't be included in the amount demanded.
- New York requires the Good Cause notice to be included or attached, and late fees can't be the basis of a nonpayment case.
- Oregon and Washington require court or statutory forms or attachments with the notice.
Get landlord guides by email
New guides on leases, notices, taxes and rental laws. Unsubscribe any time.
Lease violation notices by state
| State | Curable violation | Statute |
|---|---|---|
| Arizona | 10 days to cure (5 for health and safety); immediate termination for material and irreparable breaches | A.R.S. § 33-1368(A) |
| California | 3 days to perform or quit (excluding weekends and holidays); 3-day quit with no cure for nuisance, waste or illegal use | Cal. Code Civ. Proc. § 1161(3)–(4) |
| Colorado | 10 days to comply; repeat violation gets a 10-day no-cure notice; substantial violation gets 3 days | C.R.S. § 13-40-104(1)(e) |
| Florida | 7 days to cure; 7-day notice to vacate for incurable or repeat violations | Fla. Stat. § 83.56(2) |
| Georgia | No statutory notice or cure period; demand possession per the lease | O.C.G.A. § 44-7-50(a) |
| Illinois | 10-day notice to quit, no statutory cure | 735 ILCS 5/9-210 |
| Minnesota | No statutory notice; the lease must give the right to evict for the breach | Minn. Stat. § 504B.285 |
| New York | 10 days to cure for Good Cause-covered units; court stays the warrant 30 days to cure in any lease-breach case | Real Prop. Law § 216; RPAPL § 753(4) |
| North Carolina | No statutory notice; the lease must have a forfeiture clause covering the breach | N.C. Gen. Stat. § 42-26(a)(2) |
| Ohio | 30-day notice for health and safety breaches, then the 3-day notice to leave | Ohio Rev. Code § 5321.11 |
| Oregon | 30-day notice with at least 14 days to cure; repeat within 6 months gets 10 days, no cure | ORS 90.392 |
| Pennsylvania | 15-day notice to quit (30 for leases over a year), no statutory cure | 68 P.S. § 250.501(b) |
| Texas | 3-day notice to vacate unless the lease sets another period, no statutory cure | Tex. Prop. Code § 24.005(a) |
| Virginia | 21 days to remedy, termination 30 days after notice; 30 days for non-remediable breaches | Va. Code § 55.1-1245(A)–(C) |
| Washington | 10 days to comply or vacate | RCW 59.12.030(4); 59.18.650(2)(b) |
Florida's two 7-day notices are covered step by step in how to evict a tenant in Florida. State guides also walk through the process in Arizona, Georgia, North Carolina, Ohio and Pennsylvania. For states outside this list, start at the eviction laws hub. Your own obligations, such as repairs and disclosures, can affect an eviction case; see landlord responsibilities by state.
What every eviction notice should include
Requirements vary, but a notice missing any of these is open to challenge:
- Every adult tenant's name and the full property address (Florida's form asks for the county too)
- The reason: the exact rent owed for the period, or the specific lease clause and what the tenant did
- The deadline, as a date, counted the way your state counts
- What the tenant must do: pay, fix the violation or move out, and how and where to pay
- Your name and contact details, and your signature and the date
- Any state-required wording or attachments, such as Minnesota's legal-help statements or Washington's statutory form
Then deliver it by a method your statute allows and record the date, time and method. Wrong delivery is as fatal as a wrong deadline.
Common mistakes
- Including late fees or other charges in a rent demand where the state limits it to rent.
- Counting calendar days where the state counts only business or court days, or forgetting that a deadline landing on a weekend may roll forward.
- Taking rent after serving the notice, which in some states waives the violation or requires a new notice. Florida's rules on partial rent are in the Florida guide above.
- Using a cure-or-quit form where the state gives no cure, or the reverse.
- Self-help: changing locks, removing belongings or shutting off utilities. Only a court order and a sheriff or constable can remove a tenant.
For late rent, an informal reminder or late rent notice usually comes first; see what to do when a tenant pays rent late. For no-fault endings, use a notice to vacate.
Sources
Official sources cited above (checked 2026-10-28):
- A.R.S. § 33-1368, noncompliance by tenant (Arizona)
- Cal. Code Civ. Proc. § 1161, unlawful detainer
- California Courts Self-Help Guide, types of eviction notices
- C.R.S. Title 13 (§ 13-40-104), official 2024 printout (Colorado)
- Fla. Stat. § 83.56, termination of rental agreement
- Georgia HB 404 (2024), enacted text of O.C.G.A. § 44-7-50
- 735 ILCS 5/9-209 and 9-210 (Illinois)
- Minn. Stat. § 504B.321 and § 504B.285
- N.Y. RPAPL § 711, RPAPL § 753 and Real Prop. Law § 216
- N.C. Gen. Stat. § 42-3 and § 42-26
- Ohio Rev. Code § 1923.04 and § 5321.11
- ORS chapter 90 (§§ 90.392, 90.394) (Oregon)
- 68 P.S. § 250.501, Landlord and Tenant Act of 1951 (Pennsylvania)
- Tex. Prop. Code § 24.005
- Va. Code § 55.1-1245
- RCW 59.12.030, RCW 59.18.057 and RCW 59.18.650
Frequently asked questions
What is the difference between a pay or quit and a notice to quit?
A pay or quit notice lets the tenant keep the tenancy by paying the full rent by the deadline. A notice to quit, like Ohio's notice to leave or Pennsylvania's notice to quit, tells the tenant to move out by the deadline.
Which states give the longest notice for unpaid rent?
Among the 15 states we cover in full, Minnesota, New York, Virginia and Washington require 14 days, and Oregon allows 10 or 13 days depending on when in the rental period the notice is served.
Check the rules for your state
See security deposit, late fee, notice and entry rules by state, with links to the statutes.
Learn more and tools
Never miss an update
Join landlords getting tips on leases, taxes and rental laws.