The Notice Is the Foundation of Your Case
Before you can file anything with the court, you must serve the tenant with a written notice. This isn't optional, it isn't a courtesy, and it isn't something you can skip because the tenant "already knows" they're behind on rent. The notice is a legal requirement, and without it, your eviction case doesn't exist.
The type of notice you serve depends on the reason for the eviction. Serving the wrong notice — a cure-or-quit when you should have served a pay-or-quit, for example — is grounds for dismissal. The judge won't care that the tenant owes you money. If the paperwork is wrong, the case is wrong.
Every notice must include specific information required by your state's statute, be served using an approved delivery method, and provide the tenant with at least the minimum number of days your state requires. Getting any of these elements wrong can invalidate the notice and force you to start over.
Pay-or-Quit Notice
When to use it
The tenant has not paid rent by the due date (plus any grace period specified in the lease or required by state law).
What it does
Gives the tenant a specific number of days to pay all rent owed in full or vacate the property. If they pay within the notice period, the eviction stops. If they don't pay and don't leave, you can file with the court.
Typical timeframes
3 days in many states (California, Florida, Texas), 5 days in some (Illinois, Michigan), 7-14 days in others (Ohio, Minnesota). Your state statute controls the exact number — don't guess.
The pay-or-quit notice is the most commonly served eviction notice in the country. It's direct and specific: you owe this much, you have this many days, pay or leave. Most states have standardized forms or very specific requirements for what information must be included — the exact amount owed, the address of the property, the deadline to pay, and where or how to deliver payment.
One critical detail that trips up landlords: the amount listed on the notice must be accurate. If you include late fees that aren't authorized by the lease or state law, or if you inflate the amount owed, the tenant can challenge the notice and get your case dismissed. List only the rent owed and any fees you're legally entitled to collect. Nothing more.
Cure-or-Quit Notice
When to use it
The tenant has violated a lease term other than non-payment — unauthorized pets, excessive noise, unauthorized occupants, property damage, or other fixable violations.
What it does
Gives the tenant a specific number of days to correct ("cure") the violation or vacate. If they fix the problem within the notice period, the eviction stops. If the violation continues and they don't leave, you can file.
Typical timeframes
Usually 7-30 days depending on the state and the nature of the violation. Some states allow shorter cure periods for repeat violations.
The cure-or-quit notice requires more specificity than a pay-or-quit. You need to clearly describe the violation — not just "lease violation" but exactly what the tenant is doing wrong, which lease clause it violates, and what they need to do to fix it. Vague notices get challenged and dismissed.
Be aware that some violations are considered "cured" if the tenant simply stops the behavior. If you serve a cure-or-quit for excessive noise and the noise stops during the notice period, the issue is cured even if the tenant annoyed you for three months before that. The notice resets the clock, which is why documentation of repeated violations over time is so valuable — it builds the case for an unconditional notice if the behavior returns.
Unconditional Quit Notice
When to use it
Serious violations that justify removing the tenant with no opportunity to fix the problem — repeated violations after previous cure notices, severe property damage, illegal activity, or other situations where the landlord-tenant relationship is irreparably broken.
What it does
Tells the tenant to vacate by a specific date. No option to fix the problem. No second chance. If they don't leave, you file for eviction.
Typical timeframes
Varies widely — from 24 hours for illegal activity in some states to 30 days for repeated violations. Some states don't allow unconditional quit notices at all except in extreme cases.
Unconditional quit notices are the most powerful tool in a landlord's eviction toolkit, but they're also the most restricted. Many states only allow them in specific circumstances, and using one when you should have used a cure-or-quit will get your case dismissed.
The most common situations that justify an unconditional notice include the tenant committing the same lease violation multiple times after being given opportunities to cure, engaging in illegal activity on the premises, causing serious damage that threatens the property's habitability or safety, and in some states, being more than a certain number of days late on rent repeatedly within a specified period.
If you're considering an unconditional notice, document everything. You need a paper trail showing the history of violations, previous notices served, the tenant's pattern of behavior, and why a cure opportunity would be meaningless at this point. Judges take unconditional notices seriously and will scrutinize your justification.
Non-Renewal / Termination of Tenancy Notice
When to use it
The lease is expiring and you don't want to renew, or you want to end a month-to-month tenancy. No violation required — you're simply choosing not to continue the landlord-tenant relationship.
What it does
Informs the tenant that their tenancy will not be renewed or is being terminated after a specified period. If the tenant doesn't leave by the end date, they become a holdover and you can file for eviction.
Typical timeframes
Usually 30 days for month-to-month, 60-90 days for longer tenancies or in jurisdictions with enhanced tenant protections. Some cities with just-cause eviction laws don't allow non-renewal without a valid reason.
Non-renewal notices are different from the other types because they don't require the tenant to have done anything wrong. You're simply exercising your right not to continue the tenancy. However, this right is being restricted in more and more cities through just-cause eviction ordinances, so check your local laws before assuming you can non-renew without a reason.
State-specific notice periods matter. The timelines above are general ranges — your state may require more or fewer days for each notice type. Look up the exact notice requirements for your state before serving anything. One day short on the notice period can get your entire case dismissed.
How to Serve the Notice
Writing the correct notice is only half the job. You also have to deliver it using a method your state recognizes as valid service. Common acceptable methods include personal delivery (handing it directly to the tenant), posting on the door combined with mailing a copy, certified mail with return receipt requested, and regular first-class mail in some states.
Each state specifies which methods are acceptable and may require different methods depending on the type of notice. Some states have a hierarchy — try personal delivery first, and only if that fails, use posting and mailing. Check your state's rules and follow them exactly.
Whatever method you use, document it. Take a photo of the posted notice with a timestamp. Keep the certified mail receipt. Have a witness if you hand-deliver. This documentation proves service at the hearing, and without it, the tenant can claim they never received the notice.
Once you've served the right notice using the right method, the clock starts. Count the days carefully — don't include the day of service in your count, and don't file with the court until the full notice period has expired. When the notice period passes and the tenant hasn't complied, you're ready for the court process. Understand your legal grounds and know what happens after judgment so you're prepared for every stage.