60-Day Eviction Notice

A 60-day eviction notice is a written notice a landlord gives a tenant providing 60 days before the landlord can take the next step in the eviction process, and it is typically used for terminating a longer-term tenancy or where state or local law requires 60 days notice, often for tenants who have lived in the unit for a longer period. The required notice period depends on state and local law and on the reason for the notice, so a 60-day period applies in the situations the law specifies. In most states, a landlord must serve a proper notice before filing an eviction lawsuit, and the notice states the reason, the deadline, and what the tenant must do to avoid eviction, such as paying rent, curing a violation, or vacating. Because notice requirements vary widely by jurisdiction and by the grounds for eviction, the 60-day notice must comply with the law where the property is located. Proper notice is a prerequisite to a lawful eviction, so the notice must follow the applicable legal requirements for content, timing, and service to support a later eviction case if the tenant does not comply.

A 60-day eviction notice must be served using the methods allowed by state and local law, because improper service can invalidate the notice and delay or defeat an eviction. Common permitted methods include personal delivery to the tenant, substituted service by 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, though the acceptable methods and any required mailing vary by jurisdiction. The notice period generally begins the day after service, and how weekends and holidays are counted depends on the law. The landlord should keep proof of service, such as a declaration showing how and when the notice was delivered, since courts often require this evidence. Because eviction is a legal process with strict procedural requirements, serving the 60-day notice correctly is essential, and a service defect is a frequent reason eviction cases are dismissed. Landlords should follow their state's service rules precisely when delivering the notice.

A 60-day eviction notice is required in situations where state or local law mandates a longer notice period to end a tenancy, often when the tenant has lived in the unit for a year or more or under rules that protect longer-term tenants. Many jurisdictions require a longer notice, such as 60 days, for no-fault termination of a tenancy that has lasted beyond a certain length, recognizing that established tenants need more time to find new housing. The 60-day notice typically ends a month-to-month or longer tenancy without alleging tenant fault and states the date by which the tenant must vacate, at least sixty days out. Some areas with just-cause eviction laws require both a longer notice and a permitted reason. Because the required notice period depends on the length of the tenancy and the local law, with longer tenancies often triggering the 60-day requirement, a landlord should confirm whether the jurisdiction requires 60 days for the particular tenant, since using too short a notice can invalidate the termination and delay regaining possession.

If a tenant does not comply with a 60-day eviction notice by the deadline, 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 a court order; self-help measures such as changing the locks, shutting off utilities, or removing property are illegal in nearly every state and expose the landlord to liability. After filing, the tenant is served with the lawsuit and may respond and raise defenses, and the court holds a hearing before entering any judgment. If the landlord prevails, a court officer such as a sheriff carries out the removal. Because eviction must go through the courts, the 60-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, since failing to respond can result in a default judgment.

A landlord cannot evict a tenant immediately or physically remove them simply because a 60-day eviction notice has expired; the landlord must obtain a court order through the eviction lawsuit process first. When the notice period ends without the tenant complying, the landlord's next step is to file an eviction case in court, not to take possession directly. The court then provides the tenant notice of the lawsuit and an opportunity to respond and contest the eviction at a hearing. Only after the court rules in the landlord's favor and issues a judgment for possession can a court officer, such as a sheriff or marshal, carry out the actual removal, and the tenant is typically given a short period to leave before that occurs. Attempting to force the tenant out without this process through self-help measures is illegal and can subject the landlord to damages. Because the law requires a court-supervised process, the expiration of the 60-day notice begins the court phase rather than authorizing immediate removal of the tenant.