Notice to Pay Rent or Quit
A pay or quit notice tells a tenant who is behind on rent to pay the full amount owed by a deadline or move out. It is the step most states require before a landlord can file an eviction for nonpayment. The deadline is often 3 days, but it ranges from 3 to 14 days or more depending on the state, as the table below shows.
What a pay or quit notice is
It is a formal written demand. The tenant has two choices: pay the rent owed within the notice period, or move out. If the tenant pays in full on time, the tenancy usually continues as normal.
It is not an eviction. It is a precondition for filing one. If the tenant neither pays nor leaves, the landlord can then file an eviction case, and only a court can order the tenant out.
A related notice, often called cure or quit, is used for lease violations other than rent, such as an unauthorized pet or occupant. It gives the tenant a deadline to fix the problem.
How long the tenant has
Periods vary widely. Some states give 3 days, others 5, 7, 10 or 14 days or more, and some count only business days or court days. In California, the 3-day notice to pay or quit excludes Saturdays, Sundays and court holidays (Code of Civil Procedure § 1161). Texas generally requires a 3-day notice to vacate before an eviction filing unless the lease sets a different period (Tex. Prop. Code § 24.005).
Leases can sometimes give the tenant more time, but not less than the law allows. If the property has a federally backed mortgage or is in a federal housing program, federal law (the CARES Act) may require a 30-day notice before a nonpayment eviction. Some cities also add rules. This page is general information, not legal advice.
What the notice usually must contain
Courts read these notices strictly. A small error can mean starting over.
- Tenant names and the full rental address
- The exact amount owed and the rental periods it covers. In many states this must be rent only, without late fees, utilities or other charges
- The deadline to pay, counted correctly under state law
- How to pay: who receives payment, the address, accepted methods and the hours someone is available to take it, if the state requires that
- A clear statement that the tenant must pay or move out, and that the landlord may file an eviction if they do neither
- Landlord's or agent's name, signature and date
Delivery and counting the days
Serve the notice by a method your state allows, usually personal delivery, leaving it with an adult at the home plus mailing, or posting plus mailing. In most states, the day of delivery is not counted. When a notice is mailed, some states add extra days. If the last day falls on a weekend or holiday, many states push the deadline to the next business day. Fill in a proof of service with the date, method and server's name.
What a landlord must not do
Self-help eviction is illegal in nearly every state. A landlord must not change the locks, remove doors, take the tenant's belongings, shut off water, power or heat, or harass the tenant to make them leave. These acts can lead to damages and penalties, and can sink the landlord's eviction case.
Be careful about taking partial payment after serving the notice. In many states, accepting any rent can cancel the notice, so the landlord would need to serve a new one.
Common mistakes and what happens next
The usual errors are demanding more than the rent actually owed, adding late fees where the law forbids it, counting the deadline wrong, leaving out how to pay, and serving it improperly.
If the tenant pays in full within the deadline, the matter ends and the landlord should give a receipt. If not, the landlord can file for eviction, and the tenant can respond in court. Tenants who receive a notice should check the amount and dates, pay on time if they can, and contact local legal aid or a rental assistance program if they can't. Our Premium package includes a pay-or-quit notice built from your state's rules, plus a proof-of-service form.
Sample notice to pay rent or quit
NOTICE TO PAY RENT OR QUIT Date: [DATE OF NOTICE] To: [TENANT FULL NAME(S)], and all other occupants Premises: [STREET ADDRESS], Unit [UNIT NUMBER], [CITY], [STATE] [ZIP] You are behind on rent for the premises above. The rent now due and unpaid is: Rent for [PERIOD, e.g. October 1 to October 31, 2026]: $[AMOUNT] [Rent for (PERIOD): $(AMOUNT)] Total rent due: $[TOTAL] Within [NUMBER] [days / business days / court days] after this notice is served on you, you must either pay the full amount above or move out and return possession of the premises. Pay to: [NAME] In person at: [ADDRESS], between [HOURS] on [DAYS] Or by: [ACCEPTED METHODS, e.g. check, money order, bank transfer details] Phone: [PHONE] If you do not pay the full amount or move out within that time, the landlord may file an eviction lawsuit to recover possession of the premises, unpaid rent and other amounts allowed by law. Landlord / Agent: [NAME] Signature: [SIGNATURE] PROOF OF SERVICE I served this notice on [DATE] by [METHOD]. Name: [NAME] Signature: [SIGNATURE]
Pay-or-quit notice periods, by state
How long a tenant has after a notice for unpaid rent before the landlord can file an eviction. "No notice required" means the state lets a landlord file without a waiting period, although a demand for rent may still be needed.
| State | Notice for unpaid rent | Statute |
|---|---|---|
| Alabama | 7 business days | Ala. Code § 35-9A-421(b) |
| Alaska | 7 days | Alaska Stat. § 34.03.220(b); § 09.45.090 |
| Arizona | 5 days | Ariz. Rev. Stat. § 33-1368(B) |
| Arkansas | 3 days | Ark. Code Ann. § 18-60-304(3); see also § 18-17-701 (rent unpaid 5 days after due date) |
| California | 3 days, not counting weekends and court holidays | Cal. Civ. Proc. Code § 1161(2) |
| Colorado | 10 days | Colo. Rev. Stat. § 13-40-104(1)(d) |
| Connecticut | 3 days | Conn. Gen. Stat. §§ 47a-15a, 47a-23 |
| Delaware | 7 days | 25 Del. C. § 5502(a) |
| District of Columbia | 10 days | D.C. Code § 42-3505.01(a-1) |
| Florida | 3 days, not counting weekends and legal holidays | Fla. Stat. § 83.56(3) |
| Georgia | 3 business days | O.C.G.A. § 44-7-50(c) (Safe at Home Act, HB 404 (2024)) |
| Hawaii | 10 days | Haw. Rev. Stat. § 521-68 |
| Idaho | 3 days | Idaho Code § 6-303(2) |
| Illinois | 5 days | 735 ILCS 5/9-209 |
| Indiana | 10 days | Ind. Code § 32-31-1-6 (form of notice in § 32-31-1-7) |
| Iowa | 3 days | Iowa Code § 562A.27(2) |
| Kansas | 3 days (72 hours) | Kan. Stat. Ann. § 58-2564(b) |
| Kentucky | 7 days | Ky. Rev. Stat. § 383.660(2) (URLTA jurisdictions only) |
| Louisiana | 5 days | La. Code Civ. Proc. art. 4701 |
| Maine | 7 days | 14 M.R.S. § 6002(1)(C), (2)(A) |
| Maryland | 10 days | Md. Code, Real Prop. § 8-401(c) |
| Massachusetts | 14 days | Mass. Gen. Laws ch. 186, § 11 (written lease) and § 12 (tenancy at will) |
| Michigan | 7 days | MCL 554.134(2); MCL 600.5714(1)(a) |
| Minnesota | 14 days | Minn. Stat. § 504B.321, subd. 1a |
| Mississippi | 3 days | Miss. Code Ann. § 89-8-13(5)(a); § 89-7-27 (Second) |
| Missouri | No notice period required | Mo. Rev. Stat. §§ 535.010, 535.020 |
| Montana | 3 days | Mont. Code Ann. § 70-24-422(2) |
| Nebraska | 7 days | Neb. Rev. Stat. § 76-1431(2) |
| Nevada | 7 judicial days | Nev. Rev. Stat. §§ 40.2512(1)(b), 40.253(1)(a) |
| New Hampshire | 7 days | N.H. Rev. Stat. Ann. §§ 540:2, II(a); 540:3, II; 540:4 |
| New Jersey | No notice period required | N.J. Stat. Ann. §§ 2A:18-61.1(a), 2A:18-61.2 |
| New Mexico | 3 days | N.M. Stat. Ann. § 47-8-33(D) |
| New York | 14 days (written rent demand) | N.Y. Real Prop. Actions & Proc. Law § 711(2) |
| North Carolina | 10 days (written rent demand; leases often waive it) | N.C. Gen. Stat. § 42-3 |
| North Dakota | 3 days | N.D. Cent. Code §§ 47-32-01(4), 47-32-02 |
| Ohio | 3 days | Ohio Rev. Code § 1923.04 |
| Oklahoma | 5 days | Okla. Stat. tit. 41, § 131(B) |
| Oregon | 10 days (13 days if served earlier in the month) | Or. Rev. Stat. § 90.394(2) |
| Pennsylvania | 10 days | 68 P.S. § 250.501(b) |
| Rhode Island | 5 days | R.I. Gen. Laws § 34-18-35(a)-(b) |
| South Carolina | 5 days | S.C. Code Ann. § 27-40-710(B) |
| South Dakota | No notice period required | S.D. Codified Laws § 21-16-1(4); § 21-16-2 repealed by 2024 S.B. 90 (SL 2024, ch 75) |
| Tennessee | 14 days | Tenn. Code Ann. § 66-28-505(a)(2) (URLTA counties); § 66-7-109(a) (all other counties) |
| Texas | 3 days | Tex. Prop. Code § 24.005(a), as amended by S.B. 38 (89th Leg., 2025), effective Jan. 1, 2026 |
| Utah | 3 business days | Utah Code Ann. § 78B-6-802(1)(c) |
| Vermont | 14 days | 9 V.S.A. § 4467(a) |
| Virginia | 14 days | Va. Code Ann. § 55.1-1245(F) |
| Washington | 14 days | Rev. Code Wash. § 59.12.030(3); § 59.18.057 |
| West Virginia | No notice period required | W. Va. Code § 55-3A-1 (summary relief; no pre-filing notice required) |
| Wisconsin | 5 days | Wis. Stat. § 704.17(1p)(a) (month-to-month), § 704.17(2)(a) (lease of 1 year or less), § 704.17(3)(a) (lease over 1 year: 30 days) |
| Wyoming | 3 days | Wyo. Stat. Ann. §§ 1-21-1002(a)(i), 1-21-1003 |
Statutes checked October 2026. Cities and counties can add longer periods or require a reason (for example Los Angeles, San Francisco, New York City, Chicago, Seattle, Portland and Washington DC). Open your state's page for details and sources. General information, not legal advice.
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Start the formQuestions people ask
Can a pay or quit notice include late fees?
In many states, no. The notice must list rent only, and adding other charges can make it invalid. Check your state's rules before you include anything other than rent.
Do weekends count in a 3-day notice?
It depends on the state. Some count calendar days, while others, such as California, exclude weekends and court holidays. The table below shows how each state counts.
Can a landlord change the locks after the notice expires?
No. In nearly every state the landlord must win an eviction case and have a sheriff or marshal carry out the order. Lockouts and utility shutoffs are illegal.
What if the tenant offers to pay part of the rent?
The landlord can usually refuse partial payment. Accepting it may cancel the notice in many states, which means serving a new notice for the remaining balance.
Does the tenant have to move out on day 3?
No. When the deadline passes, the landlord may file an eviction. The tenant can stay until a court orders otherwise, and can raise defenses in court.