An eviction notice is the written warning a landlord gives a tenant to pay overdue rent, fix a lease problem, or move out. It is the required first step before a landlord can take a tenant to court. It is not an eviction on its own: only a judge can order that, and only a sheriff can carry it out.
Free to use. Legally binding under the ESIGN Act, UETA, and eIDAS.Updated July 2026 by Document eSign
An eviction notice, also called a notice to quit or a notice to vacate, is a written notice from a landlord telling a tenant to fix a problem, such as unpaid rent or a lease violation, or to move out by a certain date. It is the legally required first step before a landlord can file an eviction lawsuit, and a defective notice can get that lawsuit thrown out on procedure alone. The most important thing to understand is what an eviction notice is not: it does not end the tenancy by itself, and it does not evict anyone. Only a court can order an eviction, and only a sheriff or marshal can physically remove a tenant. A landlord who changes the locks, removes belongings, or cuts off utilities to force a tenant out is committing an illegal self-help eviction and can be sued for it. Because eviction rules are set by each state and often by the city, the notice period, the content, and how the notice must be delivered all vary, so check your local law before you use this.
Who uses it
A landlord whose tenant has fallen behind on rentA landlord addressing a lease violation like an unauthorized pet or occupantA landlord ending a month-to-month tenancyA property manager handling notices for an ownerA small landlord who wants to do the first step right before going to court
What's inside
The tenant names, the property address, and the lease it relates to
The type of notice and the exact reason for it
The precise amount of rent owed and the period it covers, for nonpayment
The deadline and exactly what the tenant must do by then
A plain statement that the notice is not an eviction and that self-help is illegal
The method used to serve the notice
A proof-of-service declaration for the person who delivers it
A governing-law line pointing to state and local rules
HOW IT WORKS
From template to signed in three steps.
01
Start from the template
Open it in the editor with the fields already mapped, or download the DOCX to edit offline.
02
Add signers and send
Drop signature and date fields, then route each party in order or in parallel.
03
Get a sealed copy
Everyone signs, and you get a tamper-evident PDF plus an audit certificate.
Free forever. No credit card. Your recipients sign with no account.
The details
Everything to know before you send it.
1
How to fill it in
Pick the right kind of notice first, then be exact. Eviction cases are won and lost on details, and a vague or wrong notice usually means starting over.
Parties and property: full names of every tenant on the lease and the complete address, including unit number.
Type and reason: choose the notice type and state the specific reason. For a lease violation, name the exact clause and what happened.
Amount and deadline: for unpaid rent, put the exact amount and the period it covers, never a rounded guess, and a clear deadline.
Service: fill in how you will deliver it, and have the person who serves it complete the proof of service.
Sign and date it, and keep a copy of both the notice and the proof of service.
2
A notice is not an eviction
This is the point landlords get wrong most often, and it is the one with the most serious consequences. Serving this notice does not evict anyone. It starts a clock. If the tenant does not pay, fix the problem, or leave by the deadline, your next step is to file an eviction lawsuit in court, not to take matters into your own hands. You cannot legally change the locks, remove the tenant's belongings, shut off the power or water, or threaten them out. Those are illegal self-help evictions, and depending on the state a tenant can recover damages, sometimes several months' rent or a multiple of their losses, plus attorney's fees, and in some places it is a crime. Only a judge can order an eviction, and only a sheriff or marshal can remove a tenant.
3
The four kinds of eviction notice
Which notice you use depends on the reason. A Pay Rent or Quit notice is for unpaid rent: the tenant pays what is owed or moves out. A Cure or Quit notice is for a lease violation that can be fixed, like an unauthorized pet or a noise problem: fix it or leave. An Unconditional Quit notice is the harshest, used for serious or repeated conduct like major damage or illegal activity, and it gives no chance to fix the problem. And a notice to terminate a month-to-month tenancy simply ends a periodic tenancy with the required amount of notice, though many cities limit when you can do this without a specific reason. Using the wrong type for the situation is a common way to get a case dismissed.
4
Notice periods vary by state
There is no single national deadline, and this is where a template can trip you up. The number of days you must give is set by your state, and sometimes your city, and it depends on the notice type. Pay-or-quit notices commonly run somewhere from 3 to 14 days, and month-to-month terminations are often 30 or 60 days, but those are ranges, not rules. California, for example, uses a 3-day pay-or-quit notice and 30 or 60 days to end a month-to-month tenancy depending on how long the tenant has lived there. Some states do not count weekends or holidays in a pay-or-quit period. Look up your state's exact number, because getting it wrong invalidates the notice.
5
Serving the notice the right way
How you deliver the notice matters as much as what it says. States generally recognize personal delivery (handing it to the tenant), substituted service (leaving it with another adult at the home and mailing a copy), and posting-and-mailing (attaching it to the door and mailing a copy), but which methods are valid, and in what order, is set by state law. Certified mail alone is often not enough. Whoever serves it should complete the proof of service, a signed record of who was served, when, and how, because you will likely need it when the case reaches court, and a missing or faulty proof of service can sink an otherwise good case.
6
What happens after the deadline
If the tenant does not comply by the deadline, the notice has done its job and the court process begins. The landlord files an eviction lawsuit, called an unlawful detainer, summary process, or forcible entry and detainer depending on the state. The court hears the case, and if the landlord wins, the judge issues a judgment and a writ of possession. That writ directs the sheriff or marshal, not the landlord, to remove the tenant, usually after posting a final notice to vacate. Skipping the notice and going straight to court, or trying to remove the tenant yourself, derails the whole thing.
7
Tenant protections you cannot ignore
Landlords do not have a free hand, and several protections can override a notice. Many cities and some states have just-cause rules that limit no-fault evictions to specific reasons, and some require relocation assistance. Federal fair-housing law bars evicting someone based on race, religion, sex, disability, family status, or national origin, and many states and cities protect more, such as source of income, sexual orientation, or gender identity. Most states also prohibit retaliation, such as evicting a tenant for reporting a code violation or asking for repairs. Rent-controlled and just-cause cities layer on extra steps. If your property is in one of these areas, the local rules control, so check them before you serve anything.
8
Common mistakes, and when to use a lawyer
The errors that restart the clock are predictable: using the wrong notice period for your state, serving it the wrong way or losing the proof of service, stating the wrong amount owed, choosing the wrong notice type, and worst of all, attempting a self-help eviction. Any one of them can hand the tenant a dismissal. A simple, uncontested notice is often something a landlord can handle from a good template. Get a lawyer for a contested eviction, a commercial tenancy, or a property in a rent-controlled or just-cause city, and for anything you are unsure about, since eviction procedure is technical and a mistake sends you back to the start. Your state court's self-help website and local legal aid are good places to confirm the exact steps.
This template and the guidance on this page are provided for general information only and are not legal advice. Laws differ by country and state, so review the final document against your own situation and have a qualified lawyer check anything high-value or regulated before you sign.
FAQ
Questions, answered.
What is an eviction notice?
It is a written notice from a landlord telling a tenant to pay overdue rent, fix a lease violation, or move out by a deadline. It is the required first step before a landlord can file an eviction lawsuit. It is not the eviction itself, and it does not by itself force the tenant to leave.
Can I evict a tenant without going to court?
No. In every state, removing a tenant requires a court order. A landlord cannot legally force a tenant out by changing the locks, removing their belongings, or shutting off utilities. Those are illegal self-help evictions and can expose the landlord to damages, attorney's fees, and in some places criminal penalties.
How many days does an eviction notice have to give?
It depends on your state and the type of notice. Pay-or-quit notices often run about 3 to 14 days, and month-to-month terminations are commonly 30 or 60 days, but the exact number is set by state and sometimes city law. Look up your state's requirement, because an incorrect deadline can void the notice.
What are the types of eviction notice?
Four common ones: Pay Rent or Quit (for unpaid rent), Cure or Quit (fix a lease violation or leave), Unconditional Quit (leave, with no chance to fix, for serious or repeated conduct), and a notice to terminate a month-to-month tenancy. The right one depends on your reason for the notice.
How do I serve an eviction notice?
States generally allow personal delivery, substituted service (leaving it with an adult at the home and mailing a copy), or posting-and-mailing, but the valid methods are set by state law and certified mail alone is often not enough. Have the person who serves it complete a proof of service, since you will likely need it in court.
What happens after the notice period ends?
If the tenant has not paid, fixed the issue, or moved out, the landlord files an eviction lawsuit, often called an unlawful detainer or summary process. If the landlord wins, the court issues a writ of possession and a sheriff or marshal removes the tenant. The landlord still cannot do the removal themselves.
Can a landlord change the locks or shut off the utilities?
No. Locking a tenant out, removing their property, or cutting off power or water to force them to leave is an illegal self-help eviction in every state. The landlord must go through the court process, and a tenant subjected to self-help can often sue for damages and attorney's fees.
Do I need a lawyer to evict a tenant?
Not always. A straightforward, uncontested notice can often be handled with a good template and your state court's self-help resources. Talk to a lawyer for a contested eviction, a commercial tenancy, or a property in a rent-controlled or just-cause city, since eviction procedure is technical and errors send you back to the start.
Live in under a minute
Ready to send your first envelope?
Create your free forever account, upload a document, and send it for signature in minutes. No credit card required.
Unlimited envelopes on Free Legally binding · global Audit trail on every document
