How to Serve a Notice to Vacate in the United States

Reviewed by DocDraft Legal Team · United States · Last updated May 25, 2026

A notice to vacate is the written notice a landlord must give a tenant before starting an eviction. It states why the tenancy is ending and how long the tenant has to pay overdue rent, fix a lease problem, or move out. In nearly every state, serving a valid notice is a required first step, and a landlord cannot ask a court for possession without it. United States landlords must serve a statutory pre-eviction notice before filing for possession. Nonpayment notices range from 3 to 14 days depending on the state. Curable lease-violation notices typically run 3 to 30 days. No-cause month-to-month terminations require 7 to 60 days written notice. A growing minority of states (California, Oregon, Washington, New Jersey) impose just-cause termination requirements that overlay the basic notice rules. Service methods, content elements, and weekend or holiday treatment are codified state by state, and a defective notice typically restarts the entire eviction clock. Because the required notice period, the exact wording, and the way the notice must be delivered are all set by state law, the guides below are organized by state. Select your state to see the notice periods, accepted delivery methods, and form requirements that apply where your property is located.