Free Pay or Quit Notice Template
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The short version (2026):
- A pay or quit notice is the warning you must send before evicting for unpaid rent. It tells the tenant to pay the overdue amount by a deadline or move out (“quit”). Skip it, and an eviction case gets dismissed.
- The deadline is set by your state. California, Texas, and Florida give 3 days; Washington and New York give 14. Most states fall between 3 and 14 days, and some exclude weekends, so count carefully.
- The amount must be exact. State only the rent actually owed; an inflated or vague figure (or adding late fees where they are not allowed) can void the notice.
- It is the first step, not the eviction. If the tenant does not pay or leave, you file in court. You cannot change the locks or remove belongings yourself. Copy the notice below and serve it by a provable method.

When rent is late, your instinct may be to call or text the tenant. In practice, that conversation is fine, but it does nothing legally. Before you can evict a tenant for unpaid rent, almost every state requires you to serve a written pay or quit notice: A formal document giving the tenant a set number of days to either pay what they owe or move out. Get it right and it is the clean first step toward either getting paid or recovering your unit. Get the deadline, the amount, or the delivery wrong, and a judge can throw out your entire eviction, sending you back to the start weeks later.
This guide covers how many days’ notice your state requires, exactly what the notice must say, a copy-and-paste template you can serve today, and what happens after the deadline passes.
What Is a Pay or Quit Notice?

A pay or quit notice (sometimes called a “notice to pay rent or quit,” where quit means move out) is the written demand a landlord serves when a tenant has not paid rent. It gives the tenant a deadline to do one of two things: pay the full overdue amount, or surrender the property. It is the required legal warning shot before an eviction for nonpayment.
The notice matters because courts treat it as a precondition. In almost every state, you cannot file an eviction for unpaid rent until you have served a valid pay or quit notice and the deadline has expired. A defective notice (wrong deadline, wrong amount, or improper delivery) is the single most common reason nonpayment evictions get dismissed, so the few minutes you spend getting it right are the cheapest insurance in the whole process.
How Much Notice Must You Give? (By State)

The deadline is set by state landlord-tenant law, and it varies more than landlords expect. Most states land between 3 and 14 days. Here are the rules for several high-volume states:
| State | Pay-or-quit deadline (unpaid rent) | Notes |
|---|---|---|
| California | 3 days | Excludes weekends and court holidays (Code Civ. Proc. §1161) |
| Texas | 3 days | Unless the lease states a different period |
| Florida | 3 days | Excludes weekends and legal holidays |
| Washington | 14 days | Statewide (2019 law) |
| New York | 14 days | Written rent demand before filing |
| Most other states | 3 to 14 days | Confirm your state and any longer local rule |
Count the days the way your state counts them. Some states exclude weekends and holidays from the deadline, some start counting the day after service, and some add days when the notice is mailed. When you are unsure, give the longer period; a notice that gives too much time is still valid, while one that gives too little is not. Our state landlord-tenant compliance table is a good place to confirm your exact rule.
Copy-and-Paste Pay or Quit Notice

Here is a plain-English pay or quit notice you can copy, fill in, and serve. Set the deadline to match your state’s rule above, and state only the rent actually owed.
NOTICE TO PAY RENT OR QUIT
Date: [DATE]
To: [TENANT NAME(S)] and all others in possession
Property: [FULL STREET ADDRESS, UNIT]
YOU ARE HEREBY NOTIFIED that rent for the property above is past due:
• Rental period(s) unpaid: [MONTH(S) / DATES]
• Total rent now due: $[AMOUNT]
WITHIN [3 / 5 / 14] DAYS after service of this notice (excluding weekends and legal holidays where your state requires), you must either:
1. PAY the full amount of $[AMOUNT] to [LANDLORD / AGENT NAME] at [ADDRESS or PAYMENT METHOD]; or
2. QUIT and surrender possession of the property to the landlord.
If you fail to pay the amount due or move out within this period, the landlord will begin legal proceedings to recover possession of the property, the unpaid rent, and any costs allowed by law. This notice does not waive the landlord’s right to collect rent that is owed.
[Insert any state-specific or local language your jurisdiction requires.]
Landlord / Agent: [NAME]
Signature: ______________________ Date: __________
Proof of service: Served on [DATE] by [personal delivery / posting and mailing / certified mail #______].
The proof-of-service line is essential. If your eviction reaches court, the judge will want to see exactly when and how the notice was delivered, and a missing or vague service record sinks otherwise valid cases.
What the Notice Must Include

- Date of the notice.
- Tenant name(s) and the rental address.
- The exact amount of rent due, and which rental periods it covers.
- The deadline to pay or quit, matching your state’s required period.
- How and where to pay (address, online portal, or accepted methods).
- A clear statement that failing to pay or move out will lead to eviction proceedings.
- Landlord or agent name and signature.
One caution on the amount: List only the rent actually owed. Adding late fees, utilities, or other charges that your state does not allow in a pay-or-quit demand can invalidate the whole notice. If you are unsure what can be included, demand the base rent and pursue other charges separately.
Late Fees and Grace Periods
Two timing details trip landlords up. First, many leases include a grace period (often three to five days), and rent is not truly late until that period ends, so serving a pay or quit notice before then can be premature. Second, while a lease may charge a late fee, most states do not let you demand that fee inside the pay-or-quit notice itself; the notice is for unpaid rent. Wait until rent is actually late under the lease, demand the base rent in the notice, and collect any valid late fee separately. Reasonableness matters too: Several states cap late fees or require them to be a genuine estimate of your costs.
How to Deliver the Notice

- Follow your state’s service rules. Many states specify how the notice must be delivered: Personal delivery, substituted service, or “post and mail.”
- Personal delivery is strongest. Hand it to the tenant directly when you can.
- If you cannot, use the backup your state allows, such as leaving it with another adult at the home and mailing a copy, or posting it on the door and mailing a copy.
- Keep proof. Note the date, time, and method, and use certified mail where appropriate so you can prove service later.
How to Fill Out the Template (Step by Step)

- Parties and property. Enter the tenant name(s) and the rental address.
- Amount and periods. Fill in the exact rent owed and the months it covers.
- Deadline. Insert your state’s required number of days, counted correctly.
- Payment details. State where and how the tenant can pay.
- Sign and date. Add your name and signature as landlord or agent.
- Serve and document. Deliver by an allowed method and complete the proof-of-service line.
Want a pay or quit notice built to your state’s exact rules? LawDepot’s guided builder creates a compliant notice in minutes, and ClearLegalTips readers save 15%.
What Happens After the Notice?

Once you serve the notice, the deadline runs and the tenant has three possible responses:
- They pay in full. The tenancy continues and the matter is closed. (If late rent is a pattern, you may later choose not to renew a month-to-month tenancy with a separate notice to vacate.)
- They move out. You regain possession. Handle any security deposit and final accounting under your state’s rules.
- They do neither. Now you can file an eviction (often called an “unlawful detainer”) in court. You file the case, the tenant is served, and a judge decides. Even here, you may not remove the tenant yourself; only a court order, carried out by the sheriff, can do that.
If you reach the filing stage, our eviction notice guide walks through the notices and steps that follow.
Pay or Quit vs. Other Eviction Notices

“Pay or quit” is one of three common notice types, and using the wrong one is a frequent mistake:
| Notice type | Used for | Tenant’s option |
|---|---|---|
| Pay or quit | Unpaid rent | Pay the rent, or move out |
| Cure or quit | A fixable lease violation (unauthorized pet, etc.) | Fix the problem, or move out |
| Unconditional quit | Serious or repeated violations (where state law allows) | Move out; no chance to fix |
For late rent, the pay or quit notice is almost always the correct starting point. Reach for a cure-or-quit notice when the issue is a lease breach you would accept a fix for, and an unconditional quit only where your state specifically permits it.
Common Mistakes to Avoid

- Too few days. Using a shorter deadline than your state requires voids the notice.
- Wrong amount. Demanding more than the rent owed, or adding charges your state does not allow, can sink it.
- No written notice. A text or phone call is not a substitute for a served notice.
- Improper service. Skipping your state’s delivery method, or keeping no proof, is fatal in court.
- Self-help eviction. Changing locks, removing belongings, or shutting off utilities is illegal everywhere and can expose you to damages.
- Accepting partial rent without care. In some states, taking a partial payment can reset or waive the notice; know your rule before you accept it.
When to Talk to a Landlord-Tenant Attorney
For a straightforward unpaid-rent notice in a state whose rules you know, the template and your state’s deadline are usually enough. Talk to a landlord-tenant attorney if the tenant disputes the amount, if your property is rent-controlled or in a just-cause jurisdiction, if the tenant raises a habitability or retaliation defense, or if you are filing the actual eviction and want it done cleanly the first time. The notice is the easy part; a contested eviction is where good legal help pays for itself.
Frequently Asked Questions
How many days is a pay or quit notice?
It depends on your state. California, Texas, and Florida use a 3-day notice for unpaid rent, while Washington and New York require 14 days. Most states fall between 3 and 14 days, and some exclude weekends and holidays from the count. Always confirm your state’s exact deadline and how it is counted before serving.
What does “quit” mean on a pay or quit notice?
“Quit” means move out and give the property back to the landlord. A pay or quit notice gives the tenant a choice: Pay the overdue rent by the deadline, or quit (vacate) the unit. If they do neither, the landlord can begin a court eviction.
Can I include late fees in a pay or quit notice?
Often no. Many states require the notice to demand only the actual rent owed, and adding late fees, utilities, or other charges can invalidate it. To be safe, demand the base rent in the notice and pursue any other amounts separately, or confirm your state’s rule first.
What happens if the tenant pays after I serve the notice?
If the tenant pays the full amount within the deadline, the tenancy continues and you cannot proceed with eviction for that debt. Be careful about accepting a partial payment, though: In some states it can waive or reset your notice, so check your state’s rule before taking less than the full amount.
Can I evict the tenant myself after the notice expires?
No. Even after the deadline passes, you must file an eviction case (often called an unlawful detainer) and get a court order. Only the sheriff or marshal can physically remove a tenant. Changing the locks, removing belongings, or shutting off utilities is illegal “self-help” eviction and can expose you to penalties.
Is a pay or quit notice the same as an eviction?
No. The notice is the required warning that comes before an eviction. The eviction itself is a separate court process that you can start only after a valid notice expires without the tenant paying or leaving. Think of the notice as step one and the court case as step two.
Does a pay or quit notice work if there is no written lease?
Yes. A tenant who pays rent without a written lease is usually a month-to-month tenant under state law, and the same nonpayment rules apply. Serve the pay or quit notice with your state’s required deadline as you would with a written lease; the absence of a signed document does not remove the tenant’s duty to pay or your duty to give proper notice.
Can I serve a pay or quit notice by email or text?
Usually not. Most states specify how the notice must be delivered, typically personal delivery, substituted service, or posting and mailing, and an email or text does not satisfy those rules even if the tenant reads it. Use an allowed method and keep proof; treat a text only as a courtesy heads-up, not as legal service.
What if I made a mistake on the notice?
Do not rely on a defective notice; a wrong amount, deadline, or address can get your eviction dismissed. The safer move is to prepare a corrected notice and serve it fresh, restarting the deadline from the new service date. Catching the error before you file is far cheaper than having a judge catch it after.
How long does an eviction take after the notice?
It varies widely by state and court backlog. After the notice deadline passes, an uncontested eviction can take a few weeks, while a contested case or a busy court can stretch to a couple of months. The notice period of 3 to 14 days is only the first clock; budget for the court timeline that follows, and keep documenting throughout.
Late rent this month? Serve a clean, state-compliant pay or quit notice with LawDepot’s landlord forms, 15% off for our readers.
Sources & References
This guide is fact-checked against the following official and authoritative sources:
- Cornell LII — Eviction
- Cornell LII — Landlord-Tenant Law
- California Code of Civil Procedure §1161 — 3-Day Notice
- Cornell LII — Lease
Fact-checked: July 2026 · ClearLegalTips editorial team. This is legal information, not legal advice.

Elena Rodriguez writes about real estate and landlord-tenant law for ClearLegalTips. She focuses on making leases, security deposits, and rental rules understandable for tenants and small landlords handling them without a lawyer.