How To Write An Eviction Letter For Non Payment Of Rent?

Review your state's eviction rules before writing the eviction letter by confirming the required notice period, permissible service methods, and any local variations.

1. Pinpoint the exact jurisdiction - state and, if applicable, city or county - because municipal codes often adjust statewide defaults.
2. Look up the statutory cure‑or‑quit deadline for unpaid rent. California generally mandates a 3‑day notice (some cities, like Los Angeles, require 5 days); New York has no set period but landlords typically give a 14‑day notice; Texas also uses a 3‑day notice.
3. Verify acceptable delivery methods. Most states allow personal delivery, certified mail, or posting on the tenant's door; recording the notice with a recorder or posting it publicly is not a requirement.
4. Scan local ordinances for tweaks - certain jurisdictions impose longer notices or additional disclosure language.
5. Note the filing window after the notice is served; many states require the landlord to file the unlawful detainer action within a set number of days (often 30 days) once the cure‑or‑quit deadline passes.

(If you need official guidance, consult the California eviction notice guide, the New York tenant‑landlord information page, or the Texas eviction notice overview.)

• Collect the signed lease, any addenda, and the rent schedule; these documents prove the agreed rent amount and due dates (sample lease agreement) (as discussed in the rent‑calculation step).
• Retrieve bank statements, cleared checks, or credit‑card receipts that show missed or partial payments; they provide objective evidence of non‑payment.
• Compile all written notices previously sent to the tenant - email threads, certified‑mail receipts, or text logs - to demonstrate the landlord's compliance with cure‑or‑quit requirements (state rules may vary).
• Assemble a ledger or spreadsheet that itemizes each unpaid month, late fees, and any partial amounts; this concise tally streamlines the eviction letter and any court filing.

Calculate the exact rent owed by adding the lease‑specified monthly amount, any statutory late‑fee surcharge, permissible interest on overdue balances, and outstanding utilities or service charges; then subtract any partial payments recorded on the tenant's account. State statutes *may vary by jurisdiction* regarding which fees are enforceable, so cross‑check the local code before finalizing the figure.

Document each line item in a simple spreadsheet, label the columns 'Date,' 'Charge Type,' and 'Amount,' and attach the sheet as an exhibit to the **eviction letter**. Clear totals give the **landlord** solid footing when setting the *cure-or-quit* deadline and streamline the next step of outlining key letter components (state‑specific eviction rules).

An eviction letter for non‑payment must spell out every legal requirement so the tenant cannot claim ignorance.

• Landlord's full name, business title (if any), and current contact details
• Tenant's full name and the mailing address where the rent was due
• Exact address of the rental unit in question
• Itemized amount owed, including rent months, late fees, and any other charges, with dates listed
• Reference to the applicable state notice law and the required cure‑or‑quit period (e.g., 'state statutes mandate a minimum 5‑day notice') - verify this timeframe against local law before finalizing
• Specific deadline date by which the tenant must pay the total owed or vacate the premises
• Statement of the next step if the deadline is missed, such as initiating court proceedings for unlawful detainer
• Landlord's handwritten signature and the date the letter is issued
• Attachment note indicating any prior written notice or lease clause supporting the claim (as gathered in the proof‑of‑unpaid‑rent step)

State-specific details anchor the eviction letter's credibility, so spell out every unpaid rent element precisely. List each missed payment, the due date, and the exact amount owed, including any contractual late fees or interest. Reference the lease clause that defines rent obligations and note any prior notices already served, because courts often look for a clear paper trail.

• Month  -  January 2025, $1,200 rent, $50 late fee
• Month  -  February 2025, $1,200 rent, $0 late fee (partial payment recorded)
• Total past‑due balance: $2,450 (may vary by jurisdiction)

Include the calculation method: base rent plus stipulated penalties, then the grand total. Cite the lease paragraph (e.g., § 5.2) that obligates the tenant to pay on the first of each month. Attach copies of bank statements or payment ledgers as proof, reinforcing the claim made in the 'gather proof of unpaid rent' step.

With non‑payment specifics laid out, the next section will define the cure‑or‑quit deadline the tenant must meet to avoid formal proceedings.

Set the cure‑or‑quit deadline to match the notice period the tenant's state mandates. Texas requires three calendar days, New York generally imposes a 14‑day period, and other jurisdictions may allow five days or a different count; always verify the statutory term and any lease‑specified variation.

Count forward from the day the eviction letter is sent, using the jurisdiction's method - most states count calendar days, some require business days only. For example, a Texas notice dated March 1 gives a deadline of March 4; a New York notice dated April 10 pushes the deadline to April 24.

State the deadline unambiguously in the letter: 'Pay $1,250 by 04/24/2025 or tenancy terminates.' Highlight the date, omit vague language, and ensure the deadline appears before the delivery‑method discussion later in the guide. For detailed state‑specific notice periods, see state‑specific eviction notice requirements.

Pick the delivery method that satisfies your state's notice rules and creates undeniable proof of receipt.

• Certified mail with a return receipt - USPS provides a paper trail and a signed confirmation; most jurisdictions count it as valid service (see U.S. Courts certified mail guidelines).
• Hand‑delivery to the tenant - Give the eviction letter in person and have the tenant sign an acknowledgment; a neutral witness boosts credibility, especially where personal service is mandatory.
• Posting on the rental unit - Attach the notice to the front door or mailbox and record the date; many states require an accompanying affidavit describing the posting circumstances.
• Email or text message - Some jurisdictions accept electronic service if the lease permits it; retain the timestamped message and a read receipt as evidence.
• Professional process server - Hire a licensed server to deliver the letter; the server's affidavit and delivery log satisfy stricter court standards in high‑risk states.

Overlooking the exact wording a state demands turns a perfect eviction letter into an invalid notice. Misstating the balance - leaving out late fees or rounding errors - gives the tenant a loophole to contest. Adding threats like 'you'll be out tomorrow' crosses legal lines and can void the cure‑or‑quit deadline.

Setting the cure‑or‑quit period to five days in a jurisdiction that requires ten wastes time and may force a restart. Assuming you must attach rent ledgers at the notice stage creates unnecessary work; the amount owed suffices, though keeping records handy helps later. Skipping certified mail or personal delivery leaves you without proof of service, a hassle when the tenant disputes receipt (see the upcoming section on partial‑payment attempts).

Landlords sometimes think a partial rent check resets the cure‑or‑quit clock, so they extend the deadline and bundle the new note with the original eviction letter (this rarely complies with state statutes). Courts usually treat each notice as a stand‑alone document; amalgamating them can invalidate the required notice period.

The proper response is to send a brief acknowledgment that the tenant's payment covered only part of the owed amount, state the remaining balance, and reaffirm that the original cure‑or‑quit deadline remains unchanged (as we covered in the 'set your cure‑or‑quit deadline' step). Continue gathering proof and preparing the next legal step; if uncertainty persists, consult local counsel.

(For a concise example, see Nolo's guide on partial rent payments). The following section explains how to address tenant hardship claims.

When a tenant cites financial hardship, the landlord must evaluate the claim before issuing the final eviction letter.

The landlord should request verifiable documentation - pay stubs, unemployment award letters, medical bills, or a court‑approved hardship notice - recognizing that requirements may vary by jurisdiction. After receipt, compare the tenant's stated loss with the rent arrears calculated in the earlier 'calculate exact rent owed' step. If the proof satisfies state relief criteria, offer a short‑term payment plan or a revised cure‑or‑quit deadline; otherwise, proceed according to the state's eviction timeline, as outlined in the 'review your state's eviction rules' section.

For example, a tenant in California submits an unemployment benefits statement covering the past two months; the landlord grants a 30‑day extension and records the agreement in writing. Conversely, a tenant in Texas provides only a medical invoice without proof of income loss; the landlord, after consulting the state-specific eviction defenses guide, declines the request and moves forward with the scheduled court filing.

Call a lawyer the moment any trigger in the eviction process threatens compliance, rights, or timeline.

1. Tenant refuses written notice - If the tenant ignores or disputes the eviction letter after delivery, state‑specific notice periods (often 3‑5 days) keep ticking; early counsel prevents premature filing that could be dismissed.
2. Partial payment offered - When a tenant sends a limited amount that doesn't cover the full balance, legal advice clarifies whether accepting it waives the cure‑or‑quit deadline, a nuance we noted in the 'handle partial payment attempts' section.
3. Disputed amount of rent owed - If the tenant challenges the calculation you documented in step 3, an attorney can help assemble admissible proof and avoid costly disputes later.
4. Tenant cites hardship or retaliation defense - Claims of illness, loss of income, or illegal retaliation require immediate legal review to ensure the eviction letter meets statutory exemptions.
5. Court filing deadline approaches - Once the cure‑or‑quit period expires, filing the unlawful detainer action must follow strict procedural rules; a lawyer's early involvement safeguards proper service and prevents procedural traps that could reset the timeline.

Acting at the first sign saves time, money, and the risk of a dismissed case.