A 3 Day Eviction Notice Form schedules the termination of a tenancy by giving three days of advance notice before the tenant must move out. Depending on the state and the specific rental situation, it may apply to “curable” situations (ones where the tenant can avoid termination through appropriate corrective action), like minor lease violations or nonpayment of rent. In some other situations, like terminating a week-to-week tenancy or evicting for illegal activity, the tenant cannot avoid termination and must move out.
This chart indicates which states use 3-day eviction notices, the situations which apply to this type of notice, and whether the tenant can “cure” the situation to avoid termination:
| State | Terminates What Type of Tenancy? | Ability to Cure? |
| Arkansas | Tenancy with nonpayment of rent facing a civil action * | No |
| California | 1) Tenancy engaged in illegal activity 2) Tenancy with nonpayment of rent 3) Tenancy in noncompliance 4) Tenancy engaged in waste/nuisance | 1) No 2) Yes 3) Depends on violation 4) No |
| Colorado | 1) Tenancy engaged in illegal activity 2) Tenancy with nonpayment of rent * 3) Tenancy in noncompliance * 4) At-will tenancy or tenancy of 1 week to 1 month | 1) No 2) Yes 3) No 4) No |
| Connecticut | 1) Tenancy with nonpayment of rent 2) Tenancy engaged in noncompliance 3) At-will tenancy 4) Tenancy reclaimed for owner’s personal use 5) Tenancy discontinuing use as rental unit 6) Tenancy refusing to adopt rent increase 7) Tenancy engaged in illegal activity | 1) Yes 2) No 3) No 4) No 5) No 6) No 7) No |
| Florida | Tenancy with nonpayment of rent | Yes |
| Idaho | 1) Tenancy with nonpayment of rent 2) Tenancy engaged in noncompliance 3) Tenancy engaged in economic waste 4) Tenancy engaged in illegal drug activity | 1) Yes 2) Yes 3) No 4) No |
| Iowa * | 1) Tenancy engaged in illegal activity 2) Tenancy with nonpayment of rent | 1) No 2) Yes |
| Kansas | Tenancy with nonpayment of rent | Yes |
| Mississippi | Tenancy with nonpayment of rent | Yes |
| Montana | 1) Tenancy engaged in illegal activity 2) Tenancy with nonpayment of rent 3) Tenancy in noncompliance * | 1) No 2) Yes 3) Varies * |
| Nevada | Tenancy engaged in illegal activity | No |
| New Jersey | 1) Tenancy engaged in disorderly conduct 2) Tenancy engaged in negligence/property damage 3) Tenancy dependent on employment when tenant loses job 4) Tenancy engaged in illegal activity | 1) No 2) No 3) No 4) No |
| New Mexico | 1) Tenancy engaged in illegal activity 2) Tenancy with nonpayment of rent | 1) No 2) Yes |
| North Dakota | 1) Tenancy engaged in illegal activity 2) Tenancy with nonpayment of rent 3) Tenancy in noncompliance 4) Tenancy on premises sold to another party | 1) No 2) Yes 3) No 4) No |
| Ohio | 1) Tenancy engaged in illegal activity 2) Tenancy with nonpayment of rent 3) Tenancy in noncompliance | 1) No 2) Yes 3) No |
| Oregon | Tenancy with nonpayment of rent * | Yes |
| Tennessee | 1) Tenancy engaged in illegal activity 2) Tenancy with material health/safety violation | 1) No 2) No |
| Texas | 1) Tenancy engaged in illegal activity 2) Tenancy with nonpayment of rent 3) Tenancy in noncompliance 4) At-will or holdover tenancy | 1) No 2) Yes 3) No 4) No |
| Utah | 1) Tenancy engaged in illegal activity/unlawful business 2) Tenancy with nonpayment of rent 3) Tenancy engaged in noncompliance 4) Tenancy committing nuisance 5) Tenancy subleasing contrary to rental agreement 6) Tenancy engaged in economic waste | 1) No 2) Yes 3) Yes 4) No 5) No 6) No |
| Washington | Tenancy engaged in illegal activity | No |
| Wyoming | 1) Tenancy engaged in illegal activity 2) Tenancy with nonpayment of rent 3) Tenancy in noncompliance 4) Holdover tenancy 5) Tenancy refusing lawful landlord access | 1) No 2) Yes 3) No 4) No 5) No |
Montana
Montana only requires 3 days of advance notice for the following types of noncompliance:
All other noncompliance issues have different notice periods.
Oregon
Oregon’s 72 Hour Notice To Quit is given on the 8th day of a rental period. For the same issues, Oregon also allows a 144 Hour Notice To Quit, if given on the 5th day of a rental period.
The most common 3-day eviction notice forms are for:
An eviction notice form for nonpayment of rent explains that the tenant has left some or all of the rent unpaid and will need to move out within a certain number of days. In most (but not all) states, the tenant may pay the balance due before the specified date, avoiding termination and eviction.
If the tenant does not pay the past due amount, or lives in a state where the landlord does not have to accept payment, then the landlord can proceed with the eviction process if the notice period expires and the tenant still hasn’t moved out.
An eviction notice form for a tenancy in noncompliance explains that the tenant has violated a term of the rental agreement, or a local law. This might be for relatively minor issues like having a pet in the rental unit against regulations or parking in an unauthorized area, but can also apply to more serious situations like causing property damage.
Depending on the state and the issue, the situation may or may not be “curable.” A curable situation is one where the tenant can take appropriate corrective action by a specified deadline in order to avoid termination and eviction. If the tenant is not allowed to cure, or fails to cure by the deadline, the tenant must move out or face court eviction.
An eviction notice form for illegal activity explains that the tenant will be evicted for their involvement in some type of illegal act.
Since criminal acts are not something which the tenant can undo through corrective action, tenants generally can’t avoid being evicted for illegal activity. Some states will, however, halt an eviction if the tenant can prove their unawareness and lack of involvement in the illegal activity.
When a landlord wants to end a tenancy, in particular a periodic tenancy like week-to-week, the landlord must give notice in order to terminate the rental obligations. This may also include rental situations without a written lease, and/or “at-will” tenancies.
With this type of notice, typically the tenant has done nothing wrong, and the landlord simply doesn’t want to renew the lease/rental agreement for whatever reason.
