Notices & termination › 3-day pay or quit

3-day notice to pay or quit

The 3-day notice to pay or quit is the opening move in almost every US non-payment eviction. The landlord demands the exact overdue rent and gives the tenant three days to pay in full or hand back the keys. If neither happens, the landlord files an unlawful-detainer (eviction) lawsuit. Small errors in the notice — wrong amount, bad service, counting weekends — are the most common reasons evictions fail in court.

State-by-state pay-or-quit deadlines

State	Deadline	Business days only?
California	3 days	Yes — excludes Sat, Sun, holidays
Texas	3 days	No — calendar days
Florida	3 days	Yes — excludes weekends and holidays
Ohio	3 days	Yes
Arizona	5 days	Calendar days
Illinois	5 days	Calendar days

Sample wording

3-DAY NOTICE TO PAY RENT OR QUIT
To: [Tenant name(s)]
Premises: [Address]

You are in default of your lease for failure to pay rent. The amount of rent due is $______ covering the period [from date] to [through date]. You are required within three (3) days after service of this Notice (excluding Saturdays, Sundays and judicial holidays, where applicable) to pay the above amount or vacate and deliver possession of the Premises. Failure to do so will result in a lawsuit to recover possession, rent, costs and attorneys' fees.

Landlord: [Name, address, phone]
Payment may be made to: [Address, hours or electronic method]

What must be stated

Exact rent amount past due (not late fees, not utilities in California).
Period the rent covers.
Name, address, phone and acceptable payment method of the landlord.
A clear "pay or quit" alternative with the deadline.
Proper service: personal, substituted, or post and mail.

Tenant defenses

Rent was actually paid (receipts, bank records).
Amount demanded is inflated with fees or future rent.
Notice was not properly served.
Warranty of habitability breached — tenant offset.
Retaliation for a code complaint.
Partial payment was accepted — waiver of the notice.

FAQs

What is a 3-day notice to pay or quit?

A 3-day notice to pay or quit is a landlord's written demand that a tenant pay overdue rent or vacate the premises within three days. If the tenant does neither, the landlord may file an unlawful-detainer lawsuit to recover possession and damages.

Do weekends count in a 3-day notice?

It depends on the state. In California (since 2019), the three days exclude Saturdays, Sundays and judicial holidays. In Texas, calendar days are counted unless the lease says otherwise. In Florida, the count is three business days excluding weekends and legal holidays.

What amount can a landlord claim in a 3-day notice?

Only rent that is currently past due. Late fees, utility charges and estimated future rent generally cannot be included in the demand amount in California — an inflated figure can invalidate the notice and derail the eviction.