Understanding your situation
What you need to prepare
- ✓Property address and all tenants' full legal names as listed on the lease
- ✓Lease or rental agreement (including any amendments)
- ✓Exact amount of rent owed — broken down by month/period, excluding impermissible charges
- ✓Dates of last payment received and payment history
- ✓Your state and city (notice periods, requirements, and rent control rules vary)
- ✓Whether the property is subject to local rent stabilization or just-cause eviction ordinances
- ✓Preferred service method (personal delivery, posting and mailing, certified mail — check state requirements)
- ✓Any prior written communications with tenant about the unpaid rent
⏰ Deadline
Serve promptly after rent becomes overdue. Most states allow service on the day after any contractual grace period expires. The notice period (3–30 days depending on state) starts from the date of proper service, not the date of mailing. If the last day falls on a weekend or holiday, many states extend to the next business day.
🏛️ Authority
Local housing court, justice court, or superior court depending on jurisdiction. File an unlawful detainer (or summary eviction) action after the notice period expires if tenant does not pay or vacate. Court filing fees range from $50–$400 depending on jurisdiction.
⚖️ Legal basis
California CCP § 1161 (3 days); Texas Property Code § 24.005 (3 days unless lease specifies otherwise); New York RPL § 711(2) (14 days); Florida Statutes § 83.56(3) (3 days excl. weekends); Illinois 735 ILCS 5/9-209 (5 days); New Jersey NJSA 2A:18-61.2 (30 days month-to-month); Ohio ORC § 1923.04 (3 days); Michigan MCL § 554.134(2) (7 days); Washington RCW 59.12.030(3) (14 days); Pennsylvania 68 Pa. C.S. § 250.501(b) (10 days). UK: Housing Act 1988 s.8, Ground 8. DE: § 543 BGB.
Expert tips
- 1State the exact rent owed — do not include late fees, utility charges, or other non-rent amounts unless your state specifically permits it. In California, including even $1 of impermissible charges invalidates the entire notice.
- 2Use the correct notice period for your state. Giving too few days invalidates the notice and forces you to restart. Giving extra days is legally safe but delays the process unnecessarily.
- 3Serve the notice using a method your state recognizes — personal service (handing to the tenant directly) is the safest and hardest to challenge. Keep a signed proof of service with date, time, method, and the name of the person served.
- 4If the tenant pays the full amount within the notice period, the eviction stops. You must accept the payment and continue the tenancy — refusing a valid cure payment can result in the case being dismissed.
- 5Do not accept partial payment after serving the notice without consulting your state's rules. In California and several other states, accepting partial payment can constitute a waiver of the notice.
- 6Name all tenants on the lease in the notice. Serving only one tenant when multiple are named on the lease can be grounds for dismissal in many jurisdictions.
- 7Check whether your city has additional tenant protections — cities like New York, San Francisco, Los Angeles, and Seattle may require additional notices, longer cure periods, or right-to-counsel provisions.
- 8Keep a complete file: the notice, proof of service, rent ledger, lease, and all prior communications. You will need these documents when filing the court action.
