Apartment Eviction Notice Template You Can Use Today?

You can start an eviction only after the legally mandated notice period for the specific breach has passed. Those periods differ by state and by the type of violation.

• Identify the eviction reason (nonpayment, lease violation, no‑fault termination) because each triggers a distinct notice timeline.
• Look up your state's required notice length for that reason; many states demand a 3‑ or 5‑day notice for unpaid rent, while owner‑move‑in or lease‑end notices often require 30 days, some jurisdictions allow up to 60 days.
• Verify any city or county rules that extend the state minimum, especially for no‑fault cases; local ordinances may add extra days or special disclosure requirements.
• Use the exact wording and delivery method prescribed by law (certified mail, personal service, etc.) to avoid procedural defects.
• Confirm the timeline with the state eviction notice periods guide or consult an attorney; a misstep can invalidate the entire process.

(Proceed to the 'Review your lease before noticing' section for how lease clauses affect these timelines.)

Before sending any eviction notice, comb through the lease to confirm the required notice period. Look for clauses that spell out 'notice for non‑payment,' 'cure period,' and any language that attempts to shorten statutory deadlines. As we covered above, the right to evict hinges on meeting those timelines, so any ambiguous or missing provision should raise a red flag.

State statutes set the minimum notice period that cannot be waived; a lease may impose a longer deadline only where the jurisdiction explicitly allows stricter terms. Consequently, the enforceable period is the greater of the lease‑specified time and the statutory minimum (for example, California mandates a 3‑day cure for rent arrears, while a lease cannot demand a 1‑day cure). Verify your local state eviction notice requirements here before finalizing the notice.

You can serve an eviction notice only when a lawful cause exists, and the cause must be spelled out in the lease and recognized by your state's landlord‑tenant code. Common valid reasons include nonpayment, breach of lease terms, property damage, and behavior that harms neighbors or violates the law; each ground may require a specific notice period that varies by state.

• Failure to pay rent on time (usually after a 3‑ to 5‑day pay‑or‑quit notice, but timeframe varies by state)
• Violation of a lease clause (unauthorized occupants, pets, subletting, or using the unit for prohibited commercial activity)
• Damage beyond normal wear and tear (e.g., broken windows, graffiti, structural harm)
• Illegal activity conducted on the premises (drug dealing, prostitution, weapon violations)
• Repeated nuisance or disturbance that creates a legitimate threat to other tenants or the property (excessive noise, harassment, repeated police calls)
• Holding over after the lease term ends when you have given proper notice to vacate (notice period varies by jurisdiction)
• Failure to comply with health, safety, or building codes after written warning (e.g., leaving trash piles, blocking fire exits)

These reasons satisfy most state statutes and give you a defensible basis before moving on to customizing the template for your state.

Tailor the eviction notice to your state's legal requirements to avoid costly delays.

1. Locate the statutes that govern evictions in your state; state eviction notice requirements provide the exact citations.
2. Identify the mandatory notice period - typically 30 days for non‑payment, but it varies by state and reason for eviction.
3. Insert any required language verbatim, such as 'pay rent or vacate' or 'terminate tenancy for breach of lease.'
4. Adjust the format if your state permits electronic delivery; otherwise, use printed, handwritten, or certified‑mail methods as mandated.
5. Verify local filing deadlines and court‑submission rules; some jurisdictions require a copy of the notice filed before proceeding.
6. Have an attorney review the customized notice to confirm compliance with state and municipal ordinances before you serve it.

Your eviction notice must contain these six essential details.

• Date you issue the notice and the rental unit's address, so the tenant knows when the clock starts.
• Full legal names of you (the landlord) and the tenant, plus any co‑signers, to avoid identity disputes.
• Clear reason for eviction (e.g., non‑payment, lease violation), because many states require specificity.
• Required notice period and cure deadline, expressed as 'you have X days to remedy or vacate' (the exact number varies by state).
• Exact amount owed or description of the breach, plus the method and location for payment or cure.
• Your signature (or authorized agent's) and a reachable phone or email address for follow‑up.

Deliver the eviction notice flawlessly by sticking to a precise, legally‑sound process.

1. Use only delivery methods your state permits - personal hand‑delivery, certified mail with return receipt, or posting on the door with a copy left in the mailbox.
2. Match the tenant's name and unit number exactly as they appear on the lease; any typo can invalidate the notice.
3. State the notice date and the move‑out deadline in plain language; remember the required notice period varies by state.
4. Keep a dated copy for yourself and secure proof of service - signed receipt, certified‑mail tracking number, or a dated photo of the posted notice.
5. If local law allows, send a brief confirmation email or text summarizing the notice and attaching the proof of service.
6. Log every step in a notebook or digital file; detailed records protect you if the tenant challenges the notice in court.

(Next, see 'Respond to tenant's pushback smartly' for tactics when they dispute the notice.)

When a tenant pushes back after receiving an eviction notice, the first step is to confirm the notice's legal basis and respond calmly. Because you have already verified the notice's validity and timing in earlier sections, you can address objections without undermining the case.

• Verify the tenant's claim by checking the notice date, the lease clause cited, and any state‑specific deadline requirements.
• Gather documentation: copies of the notice, the lease clause, receipts proving rent payment or repair completion, and any prior communications.
• Send a concise written response that restates the eviction reason, cites the lease provision, and reminds the tenant of the state‑required deadline.
• Acknowledge genuine concerns politely; if the tenant cites a repair issue, provide evidence that it was addressed.
• Keep the tone professional; avoid threats or aggressive language, which could backfire in court.
• Offer a brief, mediated meeting if the tenant has a counterclaim that could be settled outside of court.
• If state law permits, propose a settlement or payment plan to avoid filing and document any agreement in writing.
• Store all emails, texts, and notes; they can serve as evidence if the tenant escalates.

For guidance on handling pushback, see Nolo's Guide to Handling Tenant Pushback.

File the eviction suit as soon as the notice period ends; the filing window differs by jurisdiction, often extending 30 days or more, so verify your local rules or consult counsel. Ignoring this deadline can reset the clock and waste months of effort, as we explained earlier when discussing notice timing.

Gather every piece of proof before you step into the clerk's office: the signed lease, the delivered notice, proof of service, payment histories, photos of any lease violations, and any written exchanges with the tenant. Submit the complaint in the court that handles landlord‑tenant matters, attach the supporting documents, and arrange for the court‑issued summons to reach the tenant according to state procedure.

Bring a concise binder to the hearing, organized by document type, and be ready to recount the timeline without hesitation. Expect the judge to ask about compliance with notice requirements, rent arrears, and any mitigation steps you took; a well‑prepared presentation often yields a quicker judgment or opens the door to settlement. For a rundown of courtroom expectations, see understand eviction filing deadlines.

• Treat the statutory notice window as a suggestion - the law mandates a specific number of days (varies by state); issuing the notice early or late can render it void.
• Paste the same template into every lease - each state, sometimes each city, imposes extra clauses; ignoring those nuances invites litigation.
• Deliver the notice by email when the lease requires personal delivery or certified mail - improper service gives the tenant a procedural defense.
• Skip written proof of the tenant's violation before filing - courts demand evidence; absent documentation the case stalls.

Treating a subletter like a primary tenant is the wrong move; the eviction process stays between the landlord and the leaseholder, not the subletter. Landlords often assume they must serve both parties and let the head tenant file the claim, but most states reserve initiation for the property owner and require the notice to go to the name on the lease. (That misconception shows up in many DIY guides and leads to dismissed cases.)

Instead, start the action yourself and deliver the eviction notice to the head tenant, because the lease ties responsibility to that party. If local statutes explicitly permit service on a subletter, follow those rules; otherwise, the subletter remains a third‑party occupant whose removal depends on the head tenant's compliance. Consult the jurisdiction's statutes or a qualified attorney to verify the proper service method - see how to evict a subletter for a quick cheat sheet. As we covered above, confirming lease terms first prevents wasted effort later.