An eviction notice usually isn’t an order to leave by that date. It’s the landlord’s first legal step. In most states, a landlord must still file a court case, win, and get a court order before a sheriff or constable can remove you. How much time you have depends on your state, the type of notice, and whether your building is federally covered. Read the notice today, mark every date, and don’t ignore court papers.

Use the Eviction Deadline Calculator, and see the federal rule many landlords skip: some buildings must give you 30 days, not 3.

First: What Kind of Notice Did You Get?

The kind of notice you got decides how much time you have and what to do first.

Look for the title at the top of the paper and match it to the table above. Landlords use different names in different states, but nearly every notice is one of five kinds. “Quit” just means “leave.”

• Pay or quit. Says you owe rent and gives a number of days to pay in full or leave. Paying in full by the deadline usually stops this notice from going further, though state rules differ.
• Cure or quit. Says you broke a lease rule, such as a pet, a guest or noise, and gives you time to fix it.
• Quit or notice to vacate. Ends the tenancy. Depending on your state, it may be for nonpayment, a lease problem, or no reason at all.
• Summons or complaint. Court papers. They list your response deadline and your hearing date.
• Writ or sheriff’s notice. The court has ordered removal. The paper shows the date or the window.

Can a landlord give a verbal eviction notice? In many states a notice has to be in writing. In Maine, for example, verbal eviction notices are generally not legal. A verbal threat still deserves a written reply: write down what was said, when, and by whom.

Is my notice valid? A quick checklist

A notice that is wrong can sometimes be challenged, but a notice that looks sloppy is still a warning. Treat every notice as real until legal aid tells you otherwise. Check these points:

• It names you and the correct address.
• It says why: unpaid rent, a lease problem, or ending the tenancy.
• If it is about rent, it states an amount you can compare with your records.
• It gives a number of days or a date, and you can tell when the count began.
• It is signed or sent by your landlord or their agent.
• It reached you in a way your state allows: handed to you, posted, or mailed.
• It includes any wording your state requires. Ohio, for example, requires specific warning language.

If something looks off, don’t ignore the notice and don’t assume it is void. Write down what looks wrong and ask legal aid whether it matters in your state.

How Many Days Do You Actually Have?

It depends on your state, your type of notice, and how the days are counted, and the deadline on the paper is never the day you can be removed.

People mix up two dates. The notice deadline is the date your landlord can file a case. The removal date is when an officer can carry out a court order. Every state section below shows both.

Examples of notice deadlines for unpaid rent

• Texas: generally 3 days unless the lease says otherwise.
• Florida: 3 days, with weekends and legal holidays excluded.
• Georgia: 3 business days, for leases made or renewed on or after July 1, 2024.
• Ohio: 3 days.
• Maine: 7 days, in writing.
• Massachusetts: 14 days.
• New York: a 14-day written rent demand.
• California: 3 court days, with weekends and judicial holidays excluded.

How the days are counted

• Calendar days: every day counts.
• Business or court days: weekends and holidays are skipped. California’s 3-day pay-or-cure notice and Florida’s and Georgia’s nonpayment notices work this way.
• The start day: usually the day after you received the notice, not the day it was written.
• How it was delivered: hand delivery, door posting and mail can start the clock on different days.

If your notice says one date and a calculator says another, go with the date on the notice and your court’s rules, and ask legal aid to check it. The calculator gives an estimate, not a promise.

Eviction Notice Deadlines by State

Here is each state’s usual notice rule for the most common situations, with the source and the date we checked it.

Each row shows how well we have confirmed it. Verified means we checked an official court or legal-aid page or the statute text itself. Statute-survey check means the row matches a statute-citing survey last updated in 2023 and we found no later change, so confirm it on your court’s page. Verification pending rows are drafts, and the calculator will not estimate a date for those states.

Texas

A Texas landlord generally must give at least 3 days’ written notice to vacate before filing, unless the lease sets a different period (Property Code 24.005). For suits filed on or after January 1, 2026, a renter who was not late or delinquent before the month of the notice must first get a “pay rent or vacate” notice. Hearings are now scheduled quickly.

After a judgment there are two separate clocks. You have 5 days to appeal. The writ of possession cannot issue before the 6th day after judgment, and the constable posts a warning at least 24 hours before removal. If your building is federally covered, Texas now says the landlord may file after the Texas notice period, but the writ cannot be carried out until the federal 30-day period ends. Read the current text of Property Code Chapter 24.

California

Three-day pay-or-cure notices count court days. The day you receive the notice doesn’t count, and weekends and judicial holidays are skipped. A 3-day quit for serious violations counts every day (California Courts Self-Help). After the notice, the landlord must file a case, and you are served with a summons. Under a change that took effect in 2025, you generally have 10 court days to respond.

If you lose, you must move within 5 days after the sheriff posts a Notice to Vacate. You can ask the court for a stay of execution of up to 40 days, and you must ask at least one court day before your move-out date. State just-cause rules may also apply to your home, so ask legal aid.

Ohio

Ohio Legal Help says an eviction typically takes 4 to 6 weeks, so your belongings won’t be set out tomorrow. A 3-day Notice to Leave the Premises comes first. The hearing is usually about 2 weeks after the landlord files. If the court orders eviction, a red tag is posted that generally gives about 5 days before the sheriff can set your things out. See the Ohio Legal Help timeline.

Massachusetts

The notice to quit is 14 days for nonpayment and 30 days for other reasons. In federally assisted housing you may get a 30-day notice for nonpayment. Neither is a court order. After a judgment, the sheriff or constable gives 2 days’ written notice, not counting weekends or holidays, before moving your belongings, and the landlord must carry out the execution within 3 months. See the Mass.gov tenants’ guide.

Maine

Maine notices must be in writing, and verbal notices are generally not legal. Without a lease, a landlord can give a 7-day notice (with a reason, such as unpaid rent) or a 30-day notice. Your landlord can’t force you out without a court order. If you get a 7-day nonpayment notice, you can still stop the eviction by paying all the rent owed, even after the landlord goes to court. If the judge rules for the landlord, you have at least 7 days to move. See Pine Tree Legal Assistance.

Also checked: Florida, Georgia and New York

Florida: 3 days excluding weekends and legal holidays, then a summons that gives you about 5 days (also excluding weekends and holidays) to respond in writing; to contest a nonpayment case you may have to deposit the rent claimed into the court registry. After a judgment, the sheriff posts a 24-hour notice before removal. Georgia: 3 business days for newer leases, then 7 days after service to answer. A writ takes effect 7 days after a contested judgment, but can issue right away if you filed no answer. New York: a 14-day written rent demand before filing in a nonpayment case, and a 14-day notice from the sheriff or marshal after a judgment.

Your 72-Hour Action Plan

In the first 72 hours, read the notice, mark the dates, gather your papers, talk to your landlord in writing, and decide your next move.

What Happens After the Notice Expires

When the notice expires, your landlord can start a court case, but in most states can’t remove you without a court order.

1. NoticeTIME TO ACT. The landlord gives written notice.
2. DeadlineTIME TO ACT. The notice period runs. You can pay, fix, negotiate or plan a move.
3. FilingCOURT STAGE. The landlord files a case after the notice expires.
4. SummonsCOURT STAGE. You are served court papers.
5. AnswerCOURT STAGE. You respond by the deadline on the papers.
6. HearingCOURT STAGE. A judge hears both sides.
7. JudgmentCOURT STAGE. The judge rules.
8. WritURGENT. The court orders removal and an officer posts notice.
9. RemovalURGENT. A sheriff or constable moves you out.

“My 3-day notice expired. Am I evicted?”

No. In most states an expired notice means your landlord may now file a court case. You are not evicted until a court rules and an officer carries out the order. Until then, you generally still have the right to stay, and your rent is still owed.

That does not make waiting safe. The case moves fast in some states, and a missed court deadline can end in a default judgment. Paying after the deadline doesn’t always stop a case, so ask your landlord in writing whether they’ll accept payment, and ask legal aid before you pay a partial amount. Always get a receipt that says what the payment covers.

How long does an eviction take?

It depends on your state and whether you fight the case. Ohio Legal Help says a typical Ohio eviction takes 4 to 6 weeks. Texas moved to a faster schedule for suits filed in 2026. Appeals and delays can add weeks.

Can Your Landlord Evict You Without a Court Order?

In most states, no: only a court can order you out, and only a sheriff or constable can carry it out.

Here is the difference between the papers you might see:

• A notice comes from your landlord. It is not an order.
• A summons and complaint come from the court. They start a case.
• A judgment and a writ are the court’s order. Only then can an officer remove you.

Your landlord can’t change the locks, cut off utilities, remove your belongings, or threaten you to make you leave. If that has happened, go to the next section. Narrow exceptions and special rules exist in some states, for example for people renting a room in the landlord’s home or for homes that are truly abandoned, so ask legal aid about your situation.

Locked Out or Utilities Shut Off?

A lockout, a utility shutoff, or removal of your belongings without a court order is illegal in many states, even if you owe rent.

What to do right now:

1. Stay safe. Don’t break in and don’t argue. If you are in danger, call 911.
2. Document everything. Take photos and video of the changed lock or the shut-off service, with the date and time. Save texts and emails from your landlord.
3. Write to your landlord. State that you did not agree to leave, that there is no court order, and that you want access or service restored today. Keep a copy.
4. Call your local police non-emergency line. Ask them to make a report. Some officers treat this as a civil dispute, but the California Attorney General has told officers there not to help a landlord force a tenant out. Read the Attorney General’s bulletin.
5. Call legal aid today. In many states you can ask a court for an emergency order that restores your access, and you may be able to recover damages.

Use the free help list to find legal aid near you.

The Federal 30-Day Notice: CARES Act and HUD in 2026

Two different federal rules can give you 30 days, and HUD’s 2026 change affects one of them but not the other.

What this means for you. The HUD rule and the CARES Act notice are separate. Removing one does not remove the other. Also in February 2026, USDA’s Rural Housing Service finalized its own rescission of a 30-day rule for its properties. HUD’s status can change, so check the current status before you rely on it.

The CARES Act notice may apply to you. If your building is covered and the case is about unpaid rent, your landlord generally may not require you to leave before 30 days after a proper notice to vacate. Courts differ on whether a landlord can file during those 30 days. Texas, for example, now says the landlord may file after the Texas notice period but cannot carry out the writ until the federal period ends. Colorado wrote the 30-day notice into state law for covered dwellings. Treat it as “may apply” and check.

Is my building covered?

• You use a Section 8 voucher, or live in public housing or a federally assisted building.
• Your landlord’s mortgage is backed by the federal government (for example FHA, VA, USDA, Fannie Mae or Freddie Mac).
• The building was built or rehabbed with certain federal financing.

You usually can’t tell by looking. Ask your landlord or manager in writing (Letter 4 below), and ask legal aid to help you check. If your notice gave you only 3 days for unpaid rent and your building might be covered, raise it with legal aid before the deadline.

What Happens in Eviction Court

At an eviction hearing a judge decides who has the right to live in the home, so your response deadline, your papers, and showing up matter most.

Your response deadline is on the summons. It can be short. In Florida it is generally about 5 days, excluding weekends and legal holidays. In Georgia it is 7 days after you are served. In California you generally have 10 court days. Mark it the day you get the papers.

Bring: your lease, rent receipts or bank records, the notice, texts and emails, photos, and a list of repair requests.

Defenses to raise with legal aid (which ones apply depends on your state):

• The notice was wrong, late, not delivered properly, or gave too few days.
• The amount is wrong, or you already paid. Disputed charges may include fees, so see Are Rental Junk Fees Legal?
• Serious repair problems. See Ceiling Leaking? Who Pays for how repair disputes work.
• Retaliation or discrimination.
• A federal 30-day notice that should have been given.
• Local or state rules that require a stated reason for eviction.

Language help. If English is not your first language, ask the court clerk for an interpreter. Many courts provide one at no cost, and asking early is better than asking at the hearing.

Special protections that may apply

• Servicemembers. If you are on active military duty, the Servicemembers Civil Relief Act may let you ask a court to pause an eviction. Tell the court and ask legal aid.
• Survivors of domestic violence, dating violence, sexual assault or stalking. In covered federally assisted housing, you generally can’t be evicted just because you are a victim of these crimes.
• Disability. You may be able to ask for a reasonable accommodation, such as extra time or a change in how rent is paid.
• Retaliation and discrimination. Many states and federal fair housing law bar evictions that are payback for a repair complaint or based on a protected trait such as race, religion, family status or disability.
• Local rules. Some cities and states require “just cause” or “good cause,” or cap how a landlord can end a tenancy. Ask legal aid whether your city has them.

Mediation. Many courts offer it, often on the day of the hearing. A signed agreement can end the case, so read it carefully and have legal aid or a court self-help center review it first.

Watch for money rules. In some states you may have to deposit rent into the court to keep fighting, for example in Florida for nonpayment cases, or to appeal in Georgia. Ask about this early.

Writ of Possession: The Final Stage

A writ of possession is the court’s order that lets a sheriff or constable remove you, and it is the last step before a lockout.

Here are examples of what comes with it, by state:

• Florida: the sheriff posts a 24-hour notice.
• Massachusetts: the officer gives 2 days’ written notice, not counting weekends or holidays.
• Ohio: a red tag generally gives about 5 days.
• Texas: a posted warning of at least 24 hours.
• California: 5 days after the sheriff posts a Notice to Vacate.

Stays. In California you can ask the court for a stay of execution of up to 40 days, and you must ask at least one court day before the move-out date. Other states have their own options, and some have none, so ask right away.

Your belongings. Photograph the home and your things before you go. Take ID, medications, documents, chargers, and clothes first. In Massachusetts the officer takes belongings to a licensed storage facility. Ask where yours would go, how long they’ll be kept, and what retrieving them costs.

Money Options: Pay, Payment Plans, Cash for Keys

You may be able to stop or pause an eviction by paying, agreeing to a plan, or negotiating a move-out, as long as you get any deal in writing.

Can I pay rent after an eviction notice? Often yes, and it’s often the fastest way to end the case, but the rules differ. In Florida, paying the full amount during the 3-day period before the landlord files generally stops the case. In Maine, with a 7-day nonpayment notice, you can stop the eviction by paying all the rent owed even after court filing. Ask your landlord in writing whether they’ll accept it, and get a receipt.

Rental help. Many pandemic-era programs have ended, but some local and charity funds remain. Call 211 or your local community action agency and ask what is open now. If part of what you owe is disputed fees, see Are Rental Junk Fees Legal?

If you may be sued for back rent. A court can enter a money judgment for rent you owe. See Broke and Sued for Debt? And if unpaid rent is sent to a collector, see Debt Collector Rights.

Cash for keys. This is an offer to pay you to move out by a set date. It can help, but it is a legal agreement. Use the checklist below, put every term in writing, and have legal aid review it before you sign.

The Letter Kit

Keep a copy of every letter. Send it by a method with proof: certified mail, or email plus a text. Fill in every [bracket] before you send it.

[Date]

[Landlord or property manager name]
[Address or email]

Re: [Your address and unit] - request for a payment plan

Dear [Landlord name],

I received a notice dated [date of notice] about unpaid rent. I want to resolve this and stay in my home.

As I understand it, I owe [amount owed] for [months]. Please send me a ledger that shows how you calculated that amount.

I can pay [amount you can pay now] today. I propose paying the rest as follows: [amount] on [date], [amount] on [date], and [amount] on [date]. I will also pay each new month's rent on time.

Please confirm this plan in writing, and please hold off on filing a court case while I keep to it. If you would like a different schedule, tell me by [date] so we can work it out.

I am attaching [proof of payment, pay stubs, or assistance application].

Please reply to [email or phone].

Thank you,
[Your name]
[Your phone and email]

[Date]

[Landlord or property manager name]
[Address or email]

Re: [Your address and unit] - request for more time to move

Dear [Landlord name],

I received a notice dated [date of notice]. I plan to move, and I am asking for more time to do it safely.

I propose a move-out date of [date]. Until then I will [pay rent as it comes due / pay the rent shown in the attached plan].

On the move-out date I will return all keys to you and leave the home in the condition described here: [broom clean / other agreed condition]. I would like to do a walk-through together on [date] and take photos.

Please confirm this agreement in writing, including that you will not file a court case while I keep to it, and how you will handle my security deposit.

Thank you,
[Your name]
[Your phone and email]

[Date]

[Landlord or property manager name]
[Address or email]

Re: [Your address and unit] - dispute of notice dated [date of notice]

Dear [Landlord name],

I received a notice dated [date of notice]. I dispute it for these reasons:

[Choose what applies]
- The amount stated, [amount on notice], is not correct. My records show I paid [amount] on [date(s)].
- The reason stated is not correct because [explain].
- The notice was delivered on [date] by [method], which does not give me the full time required.

I am attaching [receipts, bank records, texts, photos].

Please send me a corrected written accounting of what you say I owe, with the dates and amounts of every charge and payment, by [date]. Please withdraw the notice if it is wrong.

I want to resolve this and I will respond to any court papers on time.

Sincerely,
[Your name]
[Your phone and email]

[Date]

[Landlord or property manager name]
[Address or email]

Re: [Your address and unit] - request for information about federal coverage

Dear [Landlord name],

I received a notice dated [date of notice]. Federal law (the CARES Act, 15 U.S.C. 9058(c)) may require 30 days' notice to vacate for certain properties.

Please tell me in writing, by [date], whether this property:
1. has a mortgage that is federally backed (for example FHA, VA, USDA, Fannie Mae or Freddie Mac);
2. participates in a federal housing subsidy or voucher program, including Section 8;
3. was built or financed with other federal housing financing.

If you believe it is covered, please confirm that any notice to vacate will give me at least 30 days.

Thank you,
[Your name]
[Your phone and email]

CASH-FOR-KEYS CHECKLIST
This is a checklist, not a contract. Have it reviewed by legal aid before you sign.

[ ] The amount you will be paid: [amount]
[ ] When and how you will be paid (before or when you hand over the keys, by check or transfer)
[ ] The exact move-out date and time: [date and time]
[ ] How you will return the keys, and a written receipt for them
[ ] The condition the home must be left in: [condition]
[ ] What happens to your security deposit: [return in full / amount / date]
[ ] Whether you still owe any back rent, and how much: [amount or "none"]
[ ] The landlord will not file a court case, or will dismiss any case already filed
[ ] No judgment will be entered against you
[ ] A no-negative-reference clause: the landlord will not report an eviction or give a negative reference
[ ] What happens if the date slips or either side backs out
[ ] Everything above is in one written agreement, signed and dated by both sides
[ ] You have a copy, and you kept your photos of the home

How Long an Eviction Stays on Your Record

An eviction case can appear on tenant screening reports for up to seven years, but a court record and a screening report are two different things.

Credit reports are different. An eviction itself doesn’t appear on your credit report, but unpaid rent that is sent to collections can, for up to seven years from the first missed payment. For checking your reports, see How to Check Your Credit Score Free. If a collector contacts you, see Debt Collector Rights. If you are sued for the money, see Broke and Sued for Debt?

Steps to take: get your tenant screening report, check that dismissed cases show the outcome, dispute errors in writing, and ask legal aid whether your state lets you seal the record. A settlement that includes dismissal can protect you most, which is why the cash-for-keys checklist asks about it.

Moving Out: Protect Your Deposit and Belongings

If you decide to move, a few steps in writing protect your deposit and your belongings.

1. Agree on the move-out date in writing.
2. Take dated photos and video of every room before you leave.
3. Return the keys and get a written receipt.
4. Give your forwarding address in writing.
5. Ask in writing for your deposit and for an itemized list of any deductions.

If the landlord won’t return your deposit, see Landlord Won’t Return Your Security Deposit? If you have to take it to court after you move, see How to Sue in Small Claims Court.

Where to Get Free Help

Free help exists, and calling early gives you more options.

• Legal aid: find your local program at LawHelp.org or through the Legal Services Corporation.
• Court self-help centers: many courthouses have one. Search your state court’s website for “self-help” and “eviction.”
• 211: call or text 211, or visit 211.org, for rental help and local services.
• Housing counselors: HUD-approved housing counselors can help you plan.
• Your state’s page: use the link under the calculator result.

Frequently Asked Questions

How long do I have to move out after an eviction notice?

It depends on your state and the type of notice. Many states give about 3 to 14 days to pay or fix the problem. After that, the landlord generally still needs a court order before you can be removed. Check your notice and your state’s row in the table above.

Does an eviction notice mean I have to leave immediately?

No. A notice is the landlord’s first step. In most states you can’t be removed until a court rules and an officer carries out the order.

Is an eviction notice a court order?

No. Massachusetts, for example, says neither a 14-day nor a 30-day notice is a court order. Only a court can order a tenant out.

Can my landlord give me a verbal eviction notice?

Generally not. In many states a notice must be in writing, and in Maine verbal notices are generally not legal. Write down what was said and reply in writing.

What should I do first after getting an eviction notice?

Read it, photograph it, and mark every date. Then gather your lease and receipts, contact your landlord in writing, and call legal aid or 211. See the 72-hour plan.

What happens after an eviction notice expires?

Your landlord can file a court case. You are served with a summons, there is a hearing, and if the landlord wins the court issues a writ. Only then can an officer remove you. See the path.

Can I pay rent after getting an eviction notice?

Often yes, and it can end the case, but rules differ. Ask your landlord in writing whether they’ll accept payment, and get a receipt that says what it covers.

What happens if I ignore an eviction notice?

The landlord may file a court case. Ignoring the notice doesn’t make it go away, and ignoring court papers can lead to a default judgment. Respond on time even if you plan to move.

Do weekends count in the deadline?

Sometimes. California’s 3-day pay-or-cure notice and Florida’s and Georgia’s nonpayment notices skip weekends and holidays. Many states count every day. Check your notice and your state’s row.

Can my landlord evict me without going to court?

In most states, no. Only a court can order you out, and only a sheriff or constable can carry it out.

Can my landlord change the locks or shut off utilities?

In many states this is illegal, even if you owe rent. Florida and California both ban it. See what to do right now.

How long does an eviction take from notice to lockout?

It varies. Ohio Legal Help says a typical Ohio eviction takes 4 to 6 weeks. Some states are faster and contested cases take longer.

What is a 3-day notice to pay or quit?

It’s a notice that says you owe rent and have 3 days to pay in full or leave. In some states the 3 days skip weekends and holidays. It is not a court order.

Does the CARES Act 30-day notice still apply in 2026?

The statute is still in effect, and HUD’s 2026 rule action doesn’t remove it. It may apply if your building is covered. See the federal section.

How do I know if my building is federally covered?

Ask your landlord in writing (Letter 4) and ask legal aid to help you check. Section 8, public housing, federally assisted buildings, and homes with federally backed mortgages may be covered.

What happens at an eviction hearing?

A judge hears both sides and decides who has the right to the home. Bring your lease, receipts, the notice and photos. See eviction court.

What is a writ of possession, and how long do I have after one?

It’s the court’s order that lets an officer remove you. The time after it varies: Florida gives a 24-hour posted notice, Massachusetts 2 days’ written notice, Ohio about 5 days, and California 5 days after a Notice to Vacate is posted. See the writ section.

Should I accept a cash-for-keys offer?

It can help, but it’s a legal agreement. Get every term in writing, including your deposit, any case dismissal, and a no-negative-reference clause, and have legal aid review it first.

How long does an eviction stay on my record?

Up to seven years on tenant screening reports, generally counted from the filing date. Court records may last longer unless they are sealed.

Can an eviction be sealed or removed?

Some states let you seal or expunge eviction records, and dismissed cases usually have the best chance. You can also dispute errors on a screening report. Ask legal aid about your state.

What if I don’t have a written lease?

You still have rights. In many states a renter without a lease is a month-to-month or “at will” tenant and must be given a proper written notice. In Maine, for example, a landlord must give a 7-day or a 30-day written notice. A court order is still needed to remove you.

Can my landlord evict me for asking for repairs?

In many states, no. Retaliation protections can apply when an eviction follows a repair request or a complaint to a housing agency. Keep copies of your requests and raise it with legal aid right away.

Last updated: October 4, 2026.

This article is general legal information, not legal advice. Eviction law varies by state, county and city and changes often. State data was checked on October 4, 2026. The table shows the status of each state’s row.