Late rent & pay or quit
How many days does a pay or quit notice give the tenant?
Updated · By the Landlord Notice Mail team
It depends on the state: 3 days excluding weekends and court holidays in California and Florida, 5 days in Arizona, and 14 days in New York, Washington and Virginia. Covered properties under the federal CARES Act also need a 30-day notice to vacate. Count from the day the statute says, and add any extra days your state gives for mailed notices.
| State | Notice period | Statute | Mail on its own? |
|---|---|---|---|
| California | 3 days, excluding Saturdays, Sundays and court holidays | CCP 1161, court self-help | No: hand delivery, or substituted or post-and-mail service |
| Florida | 3 days, excluding Saturday, Sunday and legal holidays | F.S. 83.56(3) | Yes, the statute lists mailing |
| Arizona | 5 days after written notice | A.R.S. 33-1368(B) | Yes, certified mail is deemed received in 5 days at the latest |
| New York | 14 days (written rent demand) | RPAPL 711(2) | No: served under RPAPL 735 |
| Washington | 14 days after service | RCW 59.12.030(3) | No: mail goes with substitute service or posting, plus 5 days |
| Virginia | 14 days after written notice | Va. Code 55.1-1245(F) | Served at the tenant's residence (55.1-1202) |
| Illinois | 5 days | 735 ILCS 5/9-209 | Yes, certified or registered mail with return receipt (9-211) |
| Covered federal properties | 30-day notice to vacate | 15 U.S.C. 9058(c) | Follows state service rules |
How to count the days
- Start from the event the statute names: service, delivery, or receipt.
- California and Florida skip weekends and holidays inside the 3 days; most other states count calendar days.
- If the last day lands on a weekend or court holiday, many courts move it to the next court day. California's self-help guide says so for eviction notices.
- If you mail the notice, check for extra days: Washington adds 5 days before you can file, and Arizona treats certified mail as received 5 days after mailing at the latest. See extra days for mailing.
Rent only, or rent plus fees?
California's courts say a 3-day notice to pay rent or quit can't include late fees, utilities or damages. Other states differ, and asking for the wrong amount is a common reason cases are dismissed. If in doubt, demand rent only and pursue fees separately.
Local rules
Some cities add requirements, such as just-cause rules, registration numbers or extra notices. New York's 14-day demand must now also say whether the unit is covered by the state's good cause eviction law. Check city and county rules before you serve.
Quick answers
Do I need certified mail for a notice to quit?
Only some states allow or require mail. Florida lists mailing, Illinois lists certified or registered mail with a return receipt, and California requires hand delivery or substituted or post-and-mail service. See serving a notice to quit by certified mail.
Are weekends counted in a 3-day notice?
Not in California or Florida: both exclude Saturdays, Sundays and holidays from the 3 days.
What notice do I give for a property with a federally backed mortgage?
The CARES Act requires a 30-day notice to vacate for covered properties. See the CARES Act 30-day notice.
What to do next
Use the pay rent or quit template, then send it by Certified Mail with return receipt (plus any delivery your state requires). Monthly volume? The Landlord plan is $29/month with 5 certified notices.
Start the Landlord planSources
- California Courts: Types of eviction notices
- Florida Statutes 83.56
- Arizona Revised Statutes 33-1368
- Arizona Revised Statutes 33-1313 (notice by certified mail)
- New York RPAPL 711
- Revised Code of Washington 59.12.030
- Revised Code of Washington 59.12.040
- Code of Virginia 55.1-1245
- Illinois 735 ILCS 5/9-209
- 15 U.S.C. 9058 (CARES Act eviction notice)
Checked: . General information, not legal advice. Fees and rules change: confirm current values at the official links above.