Eviction Notice Form

Last Updated: February 6, 2024 by Roberto Valenzuela

An eviction notice form is a letter from a landlord to a tenant that complies with state law to outline a violation of tenant responsibilities, such as not paying rent. Depending on the issue, and the jurisdiction, the tenant may or may not be allowed to “cure” (correct) the violation.

Eviction notices typically are the first step in the eviction process. A standard eviction notice includes the reason for the eviction and the date by which the tenant must cure the issue (if applicable) or else move out.

State-Specific Eviction Notice Forms

Types of Eviction Notice Forms

These are the most common grounds for delivering an eviction notice:

• Nonpayment of Rent: Delivered when any portion of the rent remains unpaid after due date and/or any grace period; in most states, the tenant may pay the balance due to avoid termination
• Non-Compliance with Lease/Rental Agreement: Delivered for a violation of the lease, or of the state’s rental laws and regulations
• Termination of Lease: Delivered for non-renewal of a fixed-term lease, or to end a periodic (e.g., month-to-month) rental agreement with due notice
• Illegal Activity: Delivered for activity of a potential criminal nature; in contrast to notice of non-compliance, typically does not allow for “cure” (corrective action) before eviction
• Material Health/Safety Violation: Delivered in a few states which require a separate notice for more serious violations of lease or legal provisions relating to building, housing, health, or safety codes

Depending on the type of eviction notice and the jurisdiction, required notice periods vary. Most notices are for 3, 5, 7, 10, 14, 30 or 60 days.

Eviction Notice for Nonpayment of Rent

A notice for nonpayment of rent (most often called a Notice To Quit) is the most common form of eviction notice. It normally includes the following elements:

• Amount Owed: The amount of past due rent plus any late fees or interest allowed by law
• Opportunity To Cure: Not all states allow tenants to cure (correct) nonpayment of rent
• Notice Period: The amount of time given for the tenant to pay the balance due or else move out
• Deadline To Pay (when curable): Usually identical to the required notice period, but this may vary by jurisdiction (note: some states also allow payment of the balance due at any point during the eviction hearing process in court)

The following chart outlines notice periods, deadlines, and curability of eviction notices for nonpayment of rent, state by state:

Special Rules for Nonpayment Notices

Some states have more complex rules regarding nonpayment notices in certain cases, and whether or not tenants can pay to avoid eviction:

Maine

• At-will Tenancies: 7 Day Notice; must be given the opportunity to pay to avoid eviction
• Written Leases: Amount of notice to be specified in the lease; may not have the ability to pay in order to avoid eviction

Oklahoma

• Owed Amount Less Than Three Months’ Rent: 5 Day Notice
• Owed Amount Greater Than Three Months’ Rent: 10 Day Notice

Oregon

• Week-to-Week Tenancies: 72 Hour Notice
• Other Tenancies: 72 Hour Notice (when delivered on 8th day of rental period), or 144 Hour Notice (when delivered on 5th day of rental period)

Tennessee

• Initial Notice of Nonpayment: 14 Day Notice
• Second Instance of Rent Nonpayment within Six Months: 7 Day Notice (mandatory eviction, payment will no longer cure)

Wisconsin

• Leases of Less than One Year: 5 Day Notice
• Leases of More than One Year: 30 Day Notice
• At-will Tenancies, Initial Notice of Nonpayment: 5 Day Notice
• At-will Tenancies, Second Instance of Rent Nonpayment within One Year: 14 Day Notice (mandatory eviction, payment will no longer cure)
• Written Leases: Tenants must be given the option to cure through payment and avoid eviction

Delivering Eviction Notices

Serving a tenant with an eviction notice can be a difficult and extended process. It is critical for landlords to keep careful track of all delivery attempts, preferably in writing with date and time noted for each attempt.

The ideal method (in legal terms) for delivering an eviction notice to the tenant is hand delivery in person. This is the gold standard for delivery and will be accepted as a valid form of service in all states. If the tenant isn’t available, most states also accept hand delivery to a person of suitable age and discretion on the property, who can accept the notice on tenant’s behalf. This is preferably a member of the tenant’s family who lives on the rental property with the tenant.

If no form of hand delivery is possible, most states allow posting the notice at a conspicuous place on the property, such as the entry door, AND/OR delivering the notice by registered or certified mail with a return receipt to get the tenant’s signature as confirmation of delivery. Mailed notice may extend the required notice period, depending on the state.

After Delivery of an Eviction Notice

The “clock” on an eviction notice period begins running once the notice is validly delivered.

For non-curable violations, if the tenant doesn’t move out by the specified date of termination, the landlord may file for eviction in court.

For curable violations, if the tenant has not taken appropriate action to correct the violation (e.g., paying past due rent or making a repair), then the landlord may file for eviction in court.

A court filing usually involves a formal complaint, petition, or motion with the court, asking for authorization to remove the tenant from the rental unit. After setting a hearing date, the judicial officer will ask the landlord to serve the tenant with the summons and a copy of the petition and hearing date. At the hearing, the tenant will have a chance to offer a defense of their conduct before the judicial officer rules on the case.