EVICTION
What should I do if I get an eviction notice?
SHORT ANSWER
Read the notice type and deadline carefully, don’t move out prematurely, and respond within the stated window. Only a court can evict you — defects in the notice are often a defense.
An eviction notice is not an eviction — it’s the first step. The notice type (pay-or-quit, cure-or-quit, unconditional quit) and the number of days it gives are set by your state, and defects in either can be a defense. Do not move out just because you received a notice; only a court can order eviction, and only a sheriff can remove you. If the landlord files a case, the response deadline on the court summons is the one that decides everything — defaulting loses most evictions automatically.
What the statutes say
These are verified from primary sources. The exact number for your state may differ — see the state law library.
Cal. Code Civ. Proc. § 1161(2) · CA
Three-day notice to pay rent or quit for non-payment; the 3 days exclude Saturdays, Sundays, and court holidays. Only past-due RENT may be stated on the notice — not late fees, utilities, or other charges, or the notice can be invalid. Separately, 30/60-day no…
Tex. Prop. Code § 24.005 · TX
At least three days’ written notice to vacate before a landlord may file a forcible-detainer (eviction) suit — UNLESS the written lease set a shorter or longer period (Texas is unusual in letting the lease change this). For nonpayment where the tenant was curr…
What to do, in order
- Photograph every page of the notice and identify its type.
- Verify the notice period and any amount against your state’s statute — defects are defenses.
- If it’s pay-or-quit and you can pay within the window, pay in a documented way.
- If a court case is filed, respond by the summons deadline — do not default.
- Gather your lease, payment records, and any habitability evidence.
Common questions
Can my landlord evict me without going to court?
No. A notice is not an eviction. Only a court can order you removed, and only law enforcement can carry it out. Self-help lockouts are illegal in most states.
What happens if I ignore an eviction notice?
The landlord can file an eviction lawsuit. If you don’t respond to the court summons by its deadline, you typically lose by default — so the summons deadline is critical.
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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.