One of the biggest errors that you can make as a landlord is the failure to choose the right eviction notice for your state. Each state has its own very specific rules on what constitutes a fair and legitimate eviction; confusing these can lead to legal and logistical headaches.
Of course, an eviction is a legal process. Therefore it is absolutely essential for landlords to follow their state’s regulations on serving an eviction notice correctly. Failure to do so can delay the process of getting a tenant to vacate and can lead to costly legal fees.
To help explain what property owners must consider before evicting a rental tenant this article looks at some of these state eviction law idiosyncrasies. Read on to find out the most important eviction statutes that could affect how you must serve an eviction notice.
What Reasons Can a Landlord Give to Evict a Tenant?
The most important factor you must consider when you prepare your eviction notice is the reason that you wish to remove your tenant. You must always provide a legally appropriate reason to evict or the tenant could challenge the termination of the lease in court.
In most states, you will be permitted to evict a tenant if:
- They don’t pay their rent
- They violate the terms of the lease agreement
- The lease or rental agreement lapses
- Tenants are committing illegal activity or substantial damage to the premises
Naturally, you must always provide proper evidence of any violations. When you fill in an eviction notice using our contract maker online instructional guide, you will normally be prompted to provide key details on when and how any contractual breaches were committed by the tenant during the process.
How Much Notice Must Landlords Give Their Tenants of an Eviction?
How much notice you give a tenant before they must vacate your rental property or you serve a lawsuit against them will ultimately depend on the reason you are evicting them in the state that the property is located.
Additionally, landlords must also remember that the Notice to Quit must be served in a legally appropriate manner or the notice will be voided. Usually, states require the person serving the notice to deliver it personally, by certified mail or via a process delivery server.
Despite what is sometimes portrayed in movies and TV shows, you must not under any circumstances forcibly enter the property of the tenant you are evicting. It is also usually unnecessary to nail a notice to the door of the property unless it has proven impossible to make contact with the tenant using other methods of service (depending on the state of course).
Eviction Notices by State
The table below details more about what each state government requires from landlords. This can be used as a quick reference for what is expected from property owners looking to serve eviction notices to tenants:
| State | Accepted Delivery Method | Days to Pay or Vacate | Days to Cure or Vacate | Laws |
| Alabama | - Hand delivery
- Posting the notice on the property |
7 days | 14 days | § 35-9A-421(b), § 35-9A-421(a) |
| Alaska | - Hand delivery
- Registered/certified mail |
7 days | 7 days | AS 34.03.220(b), AS 34.03.160 |
| Arizona | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 10 days (week-to-week tenancy)
30 days (month-to-month) |
§ 33-1368(2b), § 33-1368(A) |
| Arkansas | - Hand delivery
- Registered/certified mail |
3 days | 14 days | § 18-60-304(3), § 18-17-901 |
| California | - Hand delivery
- Registered/certified mail |
3 days | 3 days | CCP § 1161(2), CCP §1161(3) |
| Colorado | - Hand delivery
- Posting the notice on the property |
3 days | 3 days | § 13-40-104 |
| Connecticut | - Hand delivery
- Posting the notice on the property |
3 days (non-curable, served 9 days after missed payment) | 3 days (non-curable, served 9 days after missed payment) | § 47a-23 |
| Delaware | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 7 days | Title 25 § 5502, 25 § 5513 |
| District of Columbia | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
30 days | 30 days | DC Law 22-245 |
| Florida | - Hand delivery
- Registered/certified mail - Delivery as specified in the tenant’s lease |
3 days | 7 days | § 83.56(3), § 83.56(1) |
| Georgia | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
7 days (after receiving a Dispossessory procedure summons) | No specified period | § 44-7-50 |
| Hawaii | - Hand delivery
- Posting the notice on the property |
5 days | 10 days | § 521-68, § 521-72 |
| Idaho | - Hand delivery
- Posting the notice in the local newspaper AND mailing a copy by registered/certified mail |
3 days | 3 days | § 6-303(2), § 6-303(3) |
| Illinois | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 10 days | 735 ILCS 5/9-209, 735 ILCS 5/9-210 |
| Indiana | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
10 days | A reasonable period to cure the breach | IC 32-31-1-6 |
| Iowa | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
3 days | 7 days | § 562a.27(2), § 562A.27(1) |
| Kansas | - Hand delivery
- Registered/certified mail - Posting the notice on the property AND mailing a copy by registered/certified mail |
10 days | 14 days | *§ 58-2507, *§ 58-2564(1) |
| Kentucky | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
7 days | 14 days | By county |
| Louisiana | - Hand delivery
- Posting the notice on the property - Registered/certified mail (New Orleans East Bank only) |
5 days | 5 days | CCP 4701 |
| Maine | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
7 days (served 7 days after non-payment) | 7 days | Title 14 § 6002, § 6025 & § 6002 |
| Maryland | - Hand delivery
- Posting the notice on the property AND mailing a copy by registered/certified mail |
Not necessary | 30 days (non-curable)
14 days if there is a risk of immediate danger to health |
§ 8-401, § 8–402.1 |
| Massachusetts | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
14 days | No specified period | Chapter 186, Section 11 |
| Michigan | - Hand delivery
- Posting the notice on the property |
7 days | No specified period | § 554.134(2), § 600.5714 and § 554.134(4) |
| Minnesota | - Hand delivery | 14 days | No specified period | § 504B.135(b) |
| Mississippi | - Hand delivery
- Posting the notice on the property (nonpayment of rent only) - Posting the notice in the local newspaper (if other methods fail) |
3 days | 30 days | § 89-7-27, § 89-8-13(3)(b) |
| Missouri | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
Renter may cure non-payment up to 1 day before Unlawful Detainer trial date | 10 days | § 535.060, § 441.040 |
| Montana | - Hand delivery
- Registered/certified mail |
3 days | 14 days
3 days in the case of unauthorized pets or occupants |
§ 70-24-422 |
| Nebraska | - Hand delivery
- Delivery by process server - Posting the notice on the property AND mailing a copy by registered/certified mail |
3 days | 14 days | § 76-1431(2), 76-1431(1) |
| Nevada | - Hand delivery | 5 days | 5 days to quit with 3 days to cure | NRS 40.2512 |
| New Hampshire | - Hand delivery | 7 days | 30 days | § 540:3 |
| New Jersey | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
Not necessary or 30 days if landlord has accepted late rent previously | 30 days | § 2A:18-61.2(b) |
| New Mexico | - Hand delivery
- Registered/certified mail - Leaving the notice on the property - Leaving a copy with the tenants employer AND mailing copies to the tenant’s last known address AND workplace |
3 days | 7 days
3 days for an unauthorized occupant |
§ 47-8-33, § 47-8-33(b) |
| New York | - Hand delivery
- Posting the notice on the property |
14 days | 30 days
None if illegal activity has been committed on the property |
§ 711(2), § 753(4) |
| North Carolina | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
10 days | None or
10 days if substantial damage has been done to the property |
§ 42-3, § 42-26 |
| North Dakota | - Hand delivery
- Registered/certified mail to the last known address of the tenant - Posting the notice on the property (if all other methods fail) |
3 days | 3 days | § 47-32 |
| Ohio | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
3 days | 3 days | § 1923.02 and § 1923.04, § 1923.04 |
| Oklahoma | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
5 days | 10 days | Title 41 § 131, § 41-132 |
| Oregon | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
3 days (served 7 days after non-payment) | 14 days | ORS § 90.394, § 90.392 |
| Pennsylvania | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
10 days | 15 days (for leases of less than 1 year)
30 days (for leases of over 1 year) |
§ 250.501(b) |
| Rhode Island | - Hand delivery
- Registered/certified mail - Posting the notice on the property (if other methods fail) |
5 days (served after 15 days of non-payment) | 20 days | § 34-18-35, § 34-18-36 |
| South Carolina | - Hand delivery
- Registered/certified mail - Delivery by process server |
5 days | 14 days | § 27-40-710(B), § 27-40-710 |
| South Dakota | - Hand delivery (1st attempt)
- Posting the notice in the local newspaper (1st attempt, optional) - Posting the notice on the property AND mailing a copy by registered/certified mail (2nd attempt) |
3 days | A reasonable period to cure the breach | § 21-16-2(4), § 43-32-18 |
| Tennessee | - Hand delivery
- Registered/certified mail - Posting the notice on the property AND mailing a copy |
14 days | 30 days | § 66-28-505, § 66-7-109 |
| Texas | - Hand delivery
- Registered/certified mail - Posting the notice on the property |
3 days | 3 days | § 24.005 |
| Utah | - Hand delivery
- Registered/certified mail - Leaving the notice on the property |
3 days | 3 days | § 78B-6-802 |
| Vermont | - Hand delivery
- Posting the notice on the property |
14 days | 30 days
14 days if illegal activity has been committed by the tenant |
§ 4467 |
| Virginia | - Hand delivery
- Posting the notice on the property AND mailing a copy |
5 days | 30 days | § 55.1-1415, § 55.1-1245 |
| Washington | - Hand delivery
- Registered/certified mail (and leaving a copy with another resident of the property) |
3 days | 10 days | SB-5600, RCW 59.12.030 |
| West Virginia | - Hand delivery
- Registered/certified mail |
No specified period | No specified period | § 55-3A-1 |
| Wisconsin | - Hand delivery
- Registered/certified mail - Posting the notice on the property AND mailing a copy |
5 days for 1st violation
14 days for 2nd violation |
5 days for 1st violation
14 days for 2nd violation |
§ 704.17(2) |
| Wyoming | - Hand delivery
- Leaving a copy of the notice on the property with a fellow resident above the age of 14 |
3 days | 3 days | § 1-21-1003 |
Evictions must be handled with care in order for them to proceed successfully. Therefore always check and double check that your eviction notice conforms to your state requirements before you formally serve it to your tenant.
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