The main types of notice
- Pay rent or quit — the tenant must pay the rent owed within the notice period or move out. Paying in full usually ends the matter.
- Cure or quit — the tenant must fix a lease violation (for example, remove an unauthorized pet) or move out.
- Unconditional quit — the tenant must move out; there is no chance to fix. Usually allowed only for serious problems such as illegal activity, serious damage or repeated violations.
- Termination of tenancy — ends a month-to-month (or other periodic) tenancy without fault, where the law allows it, with a longer notice period.
What a valid notice usually contains
- The names of the tenants and the address of the rental.
- The reason and, for unpaid rent, the exact amount of rent owed (many states do not allow late fees in the demand).
- The number of days and, ideally, the date by which the tenant must act.
- Any wording the state requires word-for-word.
- The landlord’s (or agent’s) name, signature and date.
Counting the days
Most states do not count the day the notice is served. Some count only business days (skipping weekends and legal holidays); some add days when the notice is mailed. If the last day falls on a weekend or holiday, it often moves to the next business day. When in doubt, give extra time — a notice that is one day short can get the whole case dismissed.
Serving the notice
States list the ways a notice may be delivered: handing it to the tenant, leaving it with an adult at the home, posting it on the door and mailing a copy, certified mail, and so on. Keep proof: fill in a proof (certificate) of service with the date, time, method and who served it.
Accepting rent after a notice
In many states, a landlord who accepts rent after serving a notice waives (cancels) the notice, and must serve a new one. Check your state’s rule before accepting partial payments.