A defective notice is the #1 reason eviction cases get dismissed. Here's how to get it right.
Every eviction starts with a notice. The notice tells the tenant what the problem is, what they can do to fix it (if anything), and how much time they have before you escalate to court. If the notice is wrong — wrong type, wrong timeframe, wrong delivery method, or wrong content — your entire eviction case can be dismissed at the hearing, regardless of how clear the lease violation is.
Courts take notice requirements seriously because the notice is the tenant's due process protection. It's their formal warning that legal action is coming and their opportunity to respond. Judges routinely dismiss eviction cases over notice technicalities that seem minor to landlords but are legally significant.
Pay or Quit: Used for non-payment of rent. Tells the tenant to pay the full amount owed within a specified number of days or vacate. The timeframe varies by state — as short as 3 days in some states, up to 14 days in others. The notice must state the exact amount owed. Don't estimate. Don't round up. If the amount on the notice doesn't match the actual amount owed, the notice may be defective.
Cure or Quit: Used for curable lease violations — problems the tenant can fix. Unauthorized pet, unauthorized occupant, minor property damage. The notice gives the tenant a specified number of days to fix the violation or vacate. If the tenant cures the violation within the timeframe, the notice expires and you cannot proceed to eviction based on that notice.
Unconditional Quit: Used for severe violations that cannot be cured — repeated violations, major property damage, illegal activity, or situations where the lease or state law doesn't require a cure opportunity. This notice simply directs the tenant to vacate within a specified timeframe with no option to fix the problem and stay. Not all states allow unconditional quit notices for all situations.
How you deliver the notice matters as much as what it says. Most states accept personal delivery (handing it directly to the tenant), posting and mailing (taping it to the door and mailing a copy), and certified mail. Some states require specific methods for specific notice types. Some require multiple methods simultaneously. A notice delivered by the wrong method can be challenged even if the content and timing were perfect.
Always document delivery. Take a photo of the notice posted on the door with a timestamp. Keep the certified mail receipt. Have a witness present for personal delivery. If the delivery is challenged in court, your documentation is your proof that the tenant was properly notified.
Notice requirements vary significantly by state. The difference between a 3-day and a 14-day notice period can add weeks to your timeline. Compare notice requirements across states and make sure your notice complies before you serve it. Once the notice period expires, you're ready to file with the court.