Pay or Quit Notice by State: Deadlines & Free Templates 2026

A Pay or Quit notice is the first formal step when a tenant fails to pay rent on time. This legal document demands payment of overdue rent within a specified number of days or requires the tenant to vacate the premises. Getting this notice right is critical—using the wrong deadline for your state will get your entire eviction case dismissed in court.

This comprehensive guide covers the exact requirements for all 50 states, including notice periods, required elements, proper service methods, and common mistakes that landlords make.

What is a Pay or Quit Notice?

Also called a "Notice to Pay Rent or Quit" or "Demand for Payment," this document serves multiple legal purposes:

Legal Functions of the Notice

1. Formal demand for payment - Puts the demand in writing with specific amounts
2. Starts the eviction clock - Initiates the timeline toward court action
3. Establishes the record - Documents your compliance with state law
4. Provides tenant opportunity - Gives tenants fair warning and chance to pay
5. Satisfies due process - Meets constitutional requirements before eviction

When to Issue a Pay or Quit Notice

Issue this notice when:

• Rent is past due beyond any grace period
• Tenant has failed to make agreed-upon payment
• Partial payment was made but full rent wasn't paid (depending on your policy)
• Previous informal requests for payment have been ignored

State-by-State Pay or Quit Deadlines

The notice period varies dramatically by state. Using the wrong number of days is the most common reason eviction cases get dismissed.

3-Day Notice States

California

• 3 days for non-payment of rent
• Excludes weekends and legal holidays in some counties
• Must specify exact amount owed
• Cannot include late fees in some jurisdictions

Nevada

• 5 judicial days (excludes weekends/holidays)
• Often functionally 7 calendar days
• Must specify all amounts owed

Florida

• 3 days excluding weekends and legal holidays
• If day 3 falls on weekend, extends to Monday
• Must specify amount owed

Arizona

• 5 days for non-payment
• Calendar days including weekends
• Must include specific amount

Utah

• 3 days for non-payment
• Calendar days
• Can combine with other notice types

5-Day Notice States

Texas

• 3 days unless lease specifies otherwise
• Many leases extend to 5 or more days
• Check your lease agreement carefully

Illinois

• 5 days for non-payment
• Calendar days
• Must specify amount owed

Colorado

• 10 days for non-payment (recently increased)
• Was previously 3 days
• Check current law for updates

Georgia

• Immediate demand allowed (no waiting period required)
• However, best practice is 3-7 days
• Lease terms may require notice period

Indiana

• 10 days for non-payment
• Calendar days
• Must specify amount

7-10 Day Notice States

North Carolina

• 10 days for non-payment
• Calendar days
• Late fee can be added after grace period

Tennessee

• 14 days for non-payment of rent
• 30 days for lease violations
• Calendar days

Michigan

• 7 days for non-payment
• Calendar days
• Must specify amount due

Wisconsin

• 5 days for non-payment
• 14 days for lease violations
• Check local ordinances for variations

14+ Day Notice States

Washington

• 14 days for non-payment
• Calendar days
• Recent legislation increased from 3 days

Oregon

• 13 days for first notice
• 72 hours for subsequent violations within 6 months
• Must offer payment plan information

Vermont

• 14 days for non-payment
• Calendar days
• Must specify amount

Massachusetts

• 14 days for non-payment
• Can be waived in lease (rare)
• Must specify amount

New York

• 14 days for non-payment
• Recent reforms added requirements
• Must include specific information about tenant rights

30-Day Notice States

New Jersey

• 30 days for month-to-month tenancies
• Varies for fixed-term leases
• Check local rent control ordinances

Delaware

• Varies by situation
• 5 days for non-payment in some cases
• Check specific circumstances

Required Elements of a Valid Pay or Quit Notice

Every pay or quit notice must contain specific information. Missing any required element can invalidate your notice.

Essential Information Checklist

1. Date of the notice - When you prepared and served it
2. Tenant's full legal names - All adults listed on the lease
3. Complete property address - Including unit/apartment number
4. Specific amount owed - Itemized breakdown of charges
5. Due date - The specific deadline to pay or vacate
6. Payment instructions - How and where to pay
7. Consequence of non-compliance - Statement about eviction
8. Landlord signature - Your signature or authorized agent

Amount Owed Itemization

Break down the total amount due:

• Base rent owed: $X
• Late fees (if applicable): $X
• Other charges per lease: $X
• Total due: $X

Important: Some states limit what you can include in the demand. For example, California restricts including late fees in certain circumstances.

How to Calculate the Notice Period Correctly

Calculating the deadline correctly is crucial. Different states count days differently.

Calendar Days vs. Business/Judicial Days

Calendar days: Count every day including weekends and holidays

• Example: 3-day notice served Monday expires Thursday

Judicial/Business days: Exclude weekends and court holidays

• Example: 3-day notice served Monday expires Thursday (if no holidays)
• Example: 3-day notice served Thursday expires Tuesday (skips weekend)

When Does Counting Start?

In most states, the day of service does NOT count:

• Served Monday = Day 1 is Tuesday
• Served Friday = Day 1 is Saturday (or Monday if excluding weekends)

What If the Last Day Is a Weekend?

This varies by state:

• Some states: Deadline extends to next business day
• Other states: Weekend days count, deadline stands
• Check your specific state's rules

Example Calculations

3-Day Notice in California (excludes weekends/holidays)

• Served Monday, January 6: Expires Thursday, January 9
• Served Thursday, January 9: Expires Tuesday, January 14

5-Day Notice in Arizona (calendar days)

• Served Monday, January 6: Expires Saturday, January 11
• Served Friday, January 10: Expires Wednesday, January 15

Proper Service Methods by State

How you deliver the notice is just as important as what's in it. Improper service is a common reason for case dismissal.

Accepted Service Methods (Varies by State)

1. Personal Service

• Hand directly to tenant
• This is the preferred method
• Creates strongest proof of delivery

2. Substituted Service

• If tenant isn't home, leave with another adult at the property
• AND mail a copy to the address
• Some states require the adult be of suitable age (often 18+)

3. Posting and Mailing

• Post conspicuously on the property (usually front door)
• AND mail a copy via certified mail
• Take timestamped photos of the posted notice

4. Certified Mail Only

• Some states allow service by certified mail alone
• Keep return receipt as proof
• Some states don't accept this method

Creating Proof of Service

Always document your service:

• Complete a Declaration of Service form
• Take photos with visible timestamp
• Keep certified mail receipts
• Have a witness present when possible
• Save text messages or emails if applicable

Common Pay or Quit Notice Mistakes

Learn from these frequently made errors:

Deadline Mistakes

• Using wrong number of days for your state
• Counting the service date as day one
• Not accounting for weekends when required
• Setting an impossibly short deadline

Content Mistakes

• Wrong math on amount owed
• Including unauthorized charges
• Missing tenant names
• Incorrect property address
• Vague or unclear language

Service Mistakes

• Using improper delivery method
• Not keeping proof of service
• Serving wrong person
• Posting without also mailing (when required)

What Happens After the Notice Period Expires?

If the tenant doesn't pay or vacate by the deadline:

Step 1: Do NOT Accept Partial Payment

Accepting any payment may waive your right to proceed with eviction and restart the notice period.

Step 2: File Unlawful Detainer Lawsuit

Go to your local courthouse and file an eviction complaint. You'll need:

• Copy of the lease
• Copy of the notice and proof of service
• Ledger showing amounts owed
• Filing fee

Step 3: Serve Court Papers

The tenant must receive the summons and complaint.

Step 4: Attend Hearing

Present your case to the judge with documentation.

Step 5: Obtain Judgment

If you win, request a writ of possession.

Step 6: Sheriff Executes Eviction

The sheriff removes the tenant if they don't leave voluntarily.

Can Tenants Cure After the Deadline?

This varies significantly by state:

States where cure is cut off at deadline:

• After deadline, tenant loses right to pay and stay
• Landlord can refuse late payment

States allowing cure until filing:

• Tenant can pay until you file the eviction
• You must accept payment if offered before filing

States allowing cure until hearing:

• Tenant can pay anytime before the hearing
• Courts encourage resolution

Check your state's specific rules on right to cure.

Free Pay or Quit Templates

Download state-specific, attorney-reviewed templates from our Eviction Notice Templates page. All templates are updated for 2026 requirements.

Related Resources

• Late Fee Calculator - Calculate compliant late fees
• How Long Does Eviction Take - Timeline guide
• Grace Period Calculator - Know your state's grace period
• Eviction Notice Templates - Free downloads

Conclusion

A properly drafted and served pay or quit notice is the foundation of a successful eviction case. Take time to verify your state's requirements, calculate the deadline correctly, include all required information, and document your service thoroughly.

When in doubt, consult with a local landlord-tenant attorney before serving notice. The cost of legal advice is minimal compared to having your eviction case dismissed and starting over.