How Many Days' Notice For Eviction Must A Landlord Give?

Each state sets its own eviction‑notice timeline, so the required days can range from three to sixty, and local ordinances may tweak that range. Verify the exact period before drafting any notice.

1. Pull the current statutes from the state legislature's website; most sites host a searchable code (see state eviction‑notice laws overview).
2. Check the state housing department's portal for tenant‑rights guides, which usually summarize notice requirements for month‑to‑month, fixed‑term, and non‑payment cases.
3. Input 'eviction notice' together with the tenancy type (e.g., 'month‑to‑month') in the site's search bar; the resulting FAQ often highlights any built‑in grace periods.
4. Scan city or county ordinances that sit atop state law; municipalities sometimes impose longer or shorter notice windows for specific property classes.
5. Download a state‑approved notice template and run it by a legal‑aid clinic or real‑estate attorney to ensure compliance with both state and local rules.

• Landlords typically must give 30 to 60 days' written notice to end a month‑to‑month tenancy.
• Minimum notice in most states is 30 days, though a handful accept 15 or require up to 60.
• Certain states extend the period when the tenant has lived on the premises for several years.
• Valid delivery methods include personal hand‑delivery, certified mail, or posting on the property; email rarely qualifies.
• Tenants should check their state's specific rules; Nolo's guide to month‑to‑month notice periods provides a detailed breakdown.

Most landlords must hand the tenant an eviction notice before a fixed‑term lease expires, giving the tenant enough time to vacate or negotiate a new agreement. Typical notice windows range from 30 to 60 days, but the exact period hinges on the lease language and the state's statutes.

States differ sharply: a few treat the lease end like a month‑to‑month termination, enforcing the same 30‑day rule regardless of contract terms, while others honor any shorter deadline the lease spells out, provided it meets the state's minimum. For instance, California and Texas both require at least 30 days, whereas New York permits a 30‑day notice unless the lease stipulates a longer term.

When a lease expressly demands 60 days, that clause usually supersedes the baseline requirement. (As we covered above, month‑to‑month periods follow a separate schedule, so the fixed‑lease rule stands alone.)

For a non‑payment eviction the landlord must deliver a pay‑or‑quit notice that usually gives the tenant three to ten days to cure the debt, though exact limits differ by state.

• California: 3‑day notice under Code Civ. Proc. §1161(2) California pay‑or‑quit notice.
• Colorado: Standard 10‑day notice per C.R.S. §13‑40‑104(3)(b); shorter periods apply only to specific lease breaches Colorado eviction statutes.
• Texas: 3‑day notice required unless lease specifies longer period Texas Property Code §24.005.
• New York: 14‑day notice for rent arrears in most residential leases NY Real Property Law §715.
• Illinois: 5‑day notice for unpaid rent unless lease states otherwise Illinois Landlord‑Tenant Act §5‑15‑1205.

Serious lease breaches can trigger a eviction notice that is shorter than the standard period, but the exact number of days varies widely by state. Some jurisdictions allow a 3‑day notice for non‑payment or illegal activity, while others require 5, 7, 10, 14 or even 30 days depending on the violation and local statutes. (A minority of states impose the ultra‑short notice; most set longer minimums.)

Because each state defines 'serious' or 'material' breaches differently, the landlord must consult the relevant code - see state‑by‑state eviction notice requirements - or retain counsel before issuing the notice. The tenant should verify the stipulated period in their lease and local law, as an improperly short notice can be contested and deemed invalid, a point we'll explore in the upcoming 'invalid notice' section.

An eviction notice falls apart the moment it misses a legal requirement, making it void and giving the tenant a solid defense.

Common red flags include:

• No clear issuance date or signature from the landlord.
• Service method that contradicts state law (e.g., email when certified mail is required).
• Notice period that's shorter than the statutory minimum for the specific tenancy type.
• Omitted landlord contact information or property address.
• Incorrect or vague reason for eviction that doesn't match the lease language.

To contest an invalid notice:

• Compare the document side‑by‑side with the lease and local statutes (as we covered above for notice periods).
• Collect proof of proper service - or lack thereof - such as delivery receipts or email logs.
• Draft a concise demand letter pointing out the missing elements and requesting withdrawal.
• File a formal response with the court before the deadline, attaching all supporting evidence.
• If the landlord refuses to correct the notice, consider a motion to dismiss the eviction based on procedural defects.

Spotting a flaw early can halt the process entirely, buying time to negotiate or prepare a defense before the next deadline.

The clock starts ticking the moment a landlord serves an eviction notice, so acting before the deadline protects your rights. State law typically sets a response window that mirrors the notice period, but local rules can shrink or extend it, so verify the exact count in your jurisdiction.

1. Review the notice for required response method and deadline; note any state‑specific formality such as certified mail.
   
2. Gather evidence - payment receipts, lease clauses, prior communications - to build a defense or settlement offer.
   
3. File the appropriate reply - written objection, payment plan, or motion to dismiss - through the channel specified in the notice, using Nolo's eviction‑notice guide as a reference if unsure.
   
4. Keep copies of everything, log dates, and consult a tenant‑rights attorney if the landlord fails to acknowledge your response.

Five states flip the usual eviction‑notice script in ways that catch many landlords off guard.

• Illinois lets a landlord end a month‑to‑month tenancy with a 30‑day notice, but a nonpayment case shrinks to just 5 days. (Illinois eviction‑notice requirements)
• Florida demands at least a 15‑day notice to terminate a month‑to‑month lease, unless the lease itself sets a longer period, typically 30 days. (Florida eviction‑notice rules)
• California distinguishes tenure length: tenants under one year receive a 30‑day notice, those over a year get 60 days, and cities with rent‑control may add extra days. (California notice periods by tenancy length)
• New York requires a 14‑day notice for missed rent and a 5‑day notice for illegal activity, while other breaches follow varied procedures rather than a flat 30‑day rule. (New York eviction‑notice guidelines)
• Texas allows a landlord to serve a 'Pay or Quit' notice in as few as 3 days for nonpayment, yet a no‑fault termination of a month‑to‑month agreement still needs a 30‑day notice. (Texas eviction‑notice timelines)

Emergency evictions demand the briefest notice, yet the exact window varies by jurisdiction. Most states require a minimum three‑day notice for health‑ or safety‑related violations; a few extend that to five days or more.

Typical state thresholds look like:

• California: 3‑day health‑safety notice
• Texas: 5‑day notice for comparable breaches
• Florida: 3‑day notice when code violations are documented
• Illinois: 5‑day notice for habitability issues
• New York (city): 3‑day notice if the lease or local ordinance specifies

After the landlord serves the proper notice and wins a judgment, the court issues a writ of possession. The tenant then receives the statutory 'vacate' period - usually 24 to 48 hours - before a sheriff can enforce the removal. Nolo's guide to eviction notice requirements outlines these steps.

Short‑term rental eviction notice periods aren't dictated by a universal rule; each state's landlord‑tenant code and the specific rental agreement determine the required days. Some jurisdictions treat an Airbnb‑style stay like a hotel reservation and allow a few days' notice for breach, while others apply residential‑lease standards ranging from 30 to 60 days for termination. California, for example, generally requires a 30‑day notice even for month‑to‑month short‑term rentals, whereas Texas may permit a 3‑day notice for non‑payment if the tenant signed a residential lease.

Verify the exact statute or consult counsel before drafting any notice (see a short‑term rental eviction guide).

As discussed in the non‑payment eviction section, landlords must serve the precise notice prescribed by state law before initiating court action, and the same procedural safeguards apply to short‑term rentals. Mis‑aligned timing or wording can render the notice invalid, forcing the landlord back to square one. The following section on emergency evictions shows how the timeline shrinks dramatically when safety or health threats arise.