3-Day Eviction Notice
Date: [Date of writing]
Party A: The [Who Are Parties Agreement]
The Landlord: [Name], [Who Landlord Or Lessor]
[Address], [City], [State] [ZIP Code]
Legal Representative: [Legal representative's name]
The Tenant: [Name], [Who Tenant Or Lessee]
[Address], [City], [State] [ZIP Code]
3-Day Notice of Eviction
Dear [Name],
This notice is to inform you that you are hereby evicted from the premises located at [Address], [City], [State] [ZIP Code], which you occupy under the [Title] dated [Date of signing]. The reason for this eviction is: [Reason Eviction].
Failing to pay rent of [Total unpaid rent] representing rent due for the period from [Start date] to [End date], as well as a late fee of [Late fee] and additional unpaid fees of [Other unpaid fees] in the amount of [Amount].
You are hereby given [Number of days] days to vacate the premises.
If you choose to remain on the premises after this date, we will begin legal proceedings to enforce your eviction. Please note that you will also be liable for any legal fees or court costs associated with the eviction process. Please contact us immediately if you have any questions about this notice or the eviction process.
Sincerely,
[Name]
Date: [Date of writing]
Party 1
________________
Signature
Date: ________________
Party 2
________________
Signature
Date: ________________
What Is a 3-Day Eviction Notice?
A 3-Day Eviction Notice in the United States sets out the grounds, deadline and required response for the matter it raises.
The 3-day notice period is specifically authorized by the landlord-tenant statutes of states including California (Cal. Code of Civil Procedure Section 1161), Nevada (NRS 40.253), Florida (Fla. Stat. Section 83.56(3)), and Arizona (A.R.S. Section 33-1368(B)). In California, recent legislation under AB 2179 and the Tenant Protection Act of 2019 (AB 1482) imposes additional requirements on 3-day notices, including precise calculation of amounts owed and exclusion of late fees from the demanded amount. The notice must comply exactly with state statutory requirements regarding content, format, and method of service, as even minor defects can invalidate the notice and force the landlord to restart the process.
Service of a 3-day notice must follow state-specific procedures. California Civil Code Section 1162, for example, permits personal service, substituted service (leaving a copy with a person of suitable age at the premises), or posting and mailing if personal service is unsuccessful. The three-day period typically excludes the day of service, weekends, and court holidays, though this calculation varies by jurisdiction.
When Do You Need a 3-Day Eviction Notice?
A 3-Day Eviction Notice is required in specific circumstances dictated by state law. The most common trigger is non-payment of rent, where the tenant has failed to pay rent by the due date and any applicable grace period has expired. In California, the notice must demand only the actual rent due, excluding late fees, utility charges, or other amounts per CCP Section 1161(2).
Other situations requiring a 3-day notice include material lease violations such as unauthorized occupants, unauthorized pets in a no-pet property, conducting illegal activity on the premises (which may constitute a non-curable violation in many states), causing substantial damage to the property beyond normal wear and tear, and creating a nuisance that interferes with other tenants' quiet enjoyment of their units.
Landlords managing multi-unit properties should be particularly careful with 3-day notices during local rent moratoriums or emergency orders, which some jurisdictions enacted during the COVID-19 pandemic and which may still have lingering effects on notice requirements. Additionally, properties covered by Section 8 housing vouchers have specific HUD notice requirements that may override state timelines. Serving an improper 3-day notice not only wastes time but can expose landlords to wrongful eviction claims, tenant harassment allegations under local rent ordinances, and potential liability for attorney fees if the tenant successfully defends the subsequent unlawful detainer action.
What to Include in Your 3-Day Eviction Notice
A legally valid 3-Day Eviction Notice must contain several mandatory elements, and omitting any one of them can render the notice defective. First, the full legal name of every adult tenant named on the lease must appear on the notice, as serving a notice that omits a named tenant may allow that person to contest the eviction. Second, the complete property address including unit number must precisely match the address on the lease agreement.
Third, the specific reason for the notice must be clearly stated. For non-payment notices, the exact amount of rent owed must be calculated accurately, broken down by month, and must not include late fees, damages, or other charges in states like California (per CCP Section 1161). Fourth, the notice must state whether the violation is curable (the tenant can fix the problem) or non-curable (the tenant must vacate regardless), as this distinction affects the tenant's rights under state law.
Fifth, the notice must specify acceptable methods and locations for rent payment or cure, such as a specific mailing address, office location, or electronic payment portal. Sixth, a clear statement of consequences must warn that failure to comply within three days will result in the landlord initiating unlawful detainer proceedings. Seventh, the date of service must be documented, as the three-day clock starts running the day after service. Eighth, proof of service should be maintained through a process server's declaration or a signed affidavit of service. Ninth, the notice must comply with any local ordinance requirements, such as providing information about tenant legal aid services (required in cities like Los Angeles and San Francisco). Finally, the landlord's signature and contact information authenticate the notice.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). 3-Day Eviction Notice (United States) [Legal document template]. Forms Legal. https://forms-legal.com/usa/real-estate/notices/eviction-notice-3-day
"3-Day Eviction Notice (United States)." Forms Legal, 2026, https://forms-legal.com/usa/real-estate/notices/eviction-notice-3-day.
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note = {Free legal document template. Based on Uniform Residential Landlord and Tenant Act}
}Also available for these jurisdictions:
Frequently Asked Questions
A 3-day eviction notice is a written notice a landlord gives a tenant requiring them to cure a violation or vacate the premises within three days, commonly used for nonpayment of rent or serious lease violations depending on the state. In many states, a landlord must serve a notice before filing an eviction lawsuit, and a 3-day notice is a frequent timeframe for demanding payment of overdue rent or correction of a lease breach, sometimes called a pay-or-quit or cure-or-quit notice. The notice typically states the amount of rent owed or the violation, the deadline to pay or comply, and that the landlord will pursue eviction if the tenant does not act within three days. The required notice period and content are governed by state and local law, which vary significantly, so the notice must comply with the rules where the property is located. Because proper notice is a prerequisite to a lawful eviction, the 3-day notice must follow the applicable legal requirements for it to support a later eviction case.
A 3-day eviction notice must be served according to the methods allowed by state and local law, because improper service can invalidate the notice and delay or defeat a later eviction. Common permitted methods include personal delivery to the tenant, leaving the notice with a suitable person at the residence and mailing a copy, or posting it on the premises and mailing a copy when personal service is not possible, but the acceptable methods and any required follow-up mailing vary by jurisdiction. The notice period typically begins the day after service, and how weekends and holidays are counted depends on the law. The landlord should keep proof of how and when the notice was served, such as a declaration of service, since this may be required in court. Because eviction is a legal process with strict procedural requirements, serving the notice correctly is essential; a defect in service is a common reason eviction cases are dismissed. Landlords should follow their state's service rules precisely when delivering a 3-day notice.
After receiving a 3-day eviction notice, a tenant generally has three days to take the action the notice requires, which for a pay-or-quit notice means paying the overdue rent, and for a cure-or-quit notice means correcting the lease violation, or otherwise to vacate. If the tenant pays the full amount owed or cures the violation within the deadline, the tenancy usually continues and the landlord cannot proceed with eviction on that basis, though the rules on whether partial payment stops the process vary by state. A tenant who disputes the notice, such as believing the rent is not actually owed or that the property has habitability problems, may have defenses to raise if the landlord files an eviction lawsuit. The tenant should act quickly given the short timeframe and keep records of any payment made. Because the notice is a step toward a court eviction, a tenant who cannot resolve the issue should be prepared to respond to a court filing. Seeking legal help or tenant resources can clarify the tenant's options and defenses.
If a tenant does not pay, cure the violation, or vacate within the three days, the landlord may file an eviction lawsuit, often called an unlawful detainer or summary possession action, to obtain a court order to remove the tenant. The landlord cannot lawfully remove the tenant or their belongings without going through this court process; self-help measures such as changing the locks, shutting off utilities, or removing the tenant's property are illegal in virtually every state and can expose the landlord to liability. After filing, the tenant is served with the lawsuit and has an opportunity to respond and raise defenses, and the court holds a hearing before issuing any judgment. If the landlord wins, a court officer such as a sheriff carries out the removal. Because eviction must proceed through the courts, the 3-day notice is only the first step, and the landlord must follow the legal process. A tenant who receives a court filing should respond by the deadline to assert any defenses they have.
A 3-day eviction notice does not necessarily mean the tenant must move out in three days; it means the tenant has three days to take the required action, such as paying overdue rent or curing a violation, before the landlord can take the next step toward eviction. If the notice is a pay-or-quit or cure-or-quit notice and the tenant pays or cures within the deadline, the tenancy typically continues. If the tenant does not comply, the landlord cannot simply force the tenant out after three days; instead, the landlord must file an eviction lawsuit and obtain a court order, which takes additional time and gives the tenant a chance to respond. Only after a court rules for the landlord and a court officer carries out the order can the tenant be removed. Because the three days is the period to act on the notice, not a deadline to be physically out, tenants have time to respond and assert defenses through the court process. Understanding this distinction helps tenants know their rights after receiving the notice.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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