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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.

Nonpayment notice periods (residential), checked against the statute
StateNotice periodStatuteMail on its own?
California3 days, excluding Saturdays, Sundays and court holidaysCCP 1161, court self-helpNo: hand delivery, or substituted or post-and-mail service
Florida3 days, excluding Saturday, Sunday and legal holidaysF.S. 83.56(3)Yes, the statute lists mailing
Arizona5 days after written noticeA.R.S. 33-1368(B)Yes, certified mail is deemed received in 5 days at the latest
New York14 days (written rent demand)RPAPL 711(2)No: served under RPAPL 735
Washington14 days after serviceRCW 59.12.030(3)No: mail goes with substitute service or posting, plus 5 days
Virginia14 days after written noticeVa. Code 55.1-1245(F)Served at the tenant's residence (55.1-1202)
Illinois5 days735 ILCS 5/9-209Yes, certified or registered mail with return receipt (9-211)
Covered federal properties30-day notice to vacate15 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 plan

Sources

Checked: . General information, not legal advice. Fees and rules change: confirm current values at the official links above.