What are the steps to evict a tenant for unpaid rent?
It depends on the state. Seayora holds a published statute for 21 states and the District of Columbia. The table below gives the figure for each, with the statute it comes from.
The first step, state by state
| State | The first step | Source |
|---|---|---|
| Arizona | Serve a 5-day notice for nonpayment | A.R.S. §§ 33-1368, 33-1377, 12-1173.01, 33-1367 |
| California | Serve a 3-day notice to pay rent or quit | Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act) |
| Colorado | Serve a 10-day demand for compliance or possession | C.R.S. §§ 13-40-104, 13-40-107.5, 13-40-111, 13-40-122 |
| Connecticut | Wait out the 9-day grace period | Conn. Gen. Stat. §§ 47a-15a, 47a-23, 47a-23a, 47a-26, 47a-35, 47a-43 |
| District of Columbia | Confirm the Basic Business License and rent registration | D.C. Code §§ 42-3505.01, 16-1501, 16-1502; D.C. Super. Ct. L&T R. 3 |
| Florida | Serve a 3-day notice to pay rent or vacate | Fla. Stat. §§ 83.56, 83.59, 83.60, 83.62, 83.67; Fla. Stat. § 51.011 |
| Georgia | Serve a 3-business-day notice to vacate or pay | O.C.G.A. §§ 44-7-50 (as amended by the Safe at Home Act, 2024), 44-7-51, 44-7-52, 44-7-55 |
| Illinois | Serve a 5-day notice for nonpayment of rent | 735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130 |
| Maryland | Serve a 10-day notice of intent to file | Md. Code, Real Prop. §§ 8-401, 8-402.1; Md. Rule 3-711 |
| Massachusetts | Serve a 14-day notice to quit for nonpayment | M.G.L. c. 186, §§ 11, 11A, 12, 15F; c. 239, §§ 1, 8A; Uniform Summary Process Rules |
| Michigan | Serve a 7-day demand for possession for nonpayment | MCL 554.134, 600.5714, 600.5741, 600.5744, 600.2918 |
| Minnesota | Serve the 14-day notice of nonpayment | Minn. Stat. §§ 504B.135, 504B.291, 504B.321, 504B.345, 504B.231 |
| Nevada | Serve a 7-day pay-or-quit notice | NRS 40.253, 40.2512, 118A.390; LVJCLRP Part 6 |
| New Jersey | Confirm the property registration is filed and served | N.J.S.A. 2A:18-53, 2A:18-61.1, 2A:18-61.2, 2A:42-10.16; N.J.S.A. 2A:39-1 |
| New York | Serve a 14-day written rent demand | RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019 |
| North Carolina | Make a 10-day demand for rent | N.C.G.S. §§ 42-3, 42-26, 42-28, 42-30, 42-25.6, 42-36.2 |
| Ohio | Serve the 3-day notice with the statutory language | O.R.C. §§ 1923.02, 1923.04, 1923.08, 5321.15 |
| Oregon | Wait until rent is at least 8 days late | ORS 90.394, 90.396, 90.427, 105.113, 105.137, 90.375 |
| Pennsylvania | Serve a 10-day notice to quit for nonpayment | 68 P.S. §§ 250.501, 250.502, 250.503; Pa. R.C.P.M.D.J. 501–521 |
| Texas | Give written notice to vacate, or to pay rent or vacate | Tex. Prop. Code §§ 24.005, 24.00505, 24.0051, 24.005107, 24.0053, 24.0061, 92.0081; Tex. R. Civ. P. 510 |
| Virginia | Serve a 14-day pay-or-quit notice | Va. Code §§ 55.1-1245, 55.1-1250, 8.01-124, 8.01-126, 55.1-1243 |
| Washington | Serve the statutory 14-day pay-or-vacate notice | RCW 59.18.057, 59.18.650, 59.12.030, 59.18.365, 59.18.290 |
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
Only states where Seayora holds a published statute appear above. Where no statute is recorded, no figure is shown rather than a guess.
The answer in full, for the biggest rental markets
What are the steps to evict a tenant for unpaid rent in California?
In California, an eviction for unpaid rent runs through 7 steps, each set by the statute or court rule beside it: (1) Serve a 3-day notice to pay rent or quit — Cal. Code Civ. Proc. § 1161(2); (2) Wait 3 court days, excluding weekends and holidays — Cal. Code Civ. Proc. § 1161(2); (3) File the unlawful detainer complaint — Cal. Code Civ. Proc. § 1166; (4) Serve the summons and complaint — Cal. Code Civ. Proc. § 415.10 et seq.; (5) Ten court days to respond — Cal. Code Civ. Proc. §§ 1167, 1170.5 (as amended by AB 2347); (6) Trial — Cal. Code Civ. Proc. § 1170.5; (7) Writ of possession and the sheriff’s 5-day notice — Cal. Code Civ. Proc. § 715.010. The three-day notice period and the ten-court-day response period both exclude weekends and judicial holidays. A three-day notice that demands more than is actually due is void in California, and the case fails with it. City of Los Angeles and San Francisco add requirements of their own. The procedure as a whole is set by Cal. Code Civ. Proc. §§ 1161, 1161.1, 1166, 1167, 1170.5; Cal. Civ. Code §§ 789.3, 1946.2 (Tenant Protection Act).
What are the steps to evict a tenant for unpaid rent in Texas?
In Texas, an eviction for unpaid rent runs through 6 steps, each set by the statute or court rule beside it: (1) Give written notice to vacate, or to pay rent or vacate — Tex. Prop. Code § 24.005; (2) File a sworn petition in the justice court for the precinct where the property is — Tex. Prop. Code §§ 24.0041, 24.00505, 24.00506; (3) The constable or sheriff serves the citation — Tex. Prop. Code § 24.0051(f); (4) Trial, 10 to 21 days after filing — Tex. Prop. Code § 24.0051(g); (5) Five days to appeal — Tex. Prop. Code §§ 24.005107, 24.0053, 24.0061(b); (6) Writ of possession, executed by the constable — Tex. Prop. Code § 24.0061. SB 38 rewrote Texas eviction procedure for suits filed on or after January 1, 2026: a sworn petition, notice-delivery methods set by statute, a pay-or-vacate notice for a tenant who was never late before, five business days for the constable to serve, and a trial 10 to 21 days after filing. The three-day notice period itself is unchanged and the lease may still shorten it — many Texas leases set 24 hours. The procedure as a whole is set by Tex. Prop. Code §§ 24.005, 24.00505, 24.0051, 24.005107, 24.0053, 24.0061, 92.0081; Tex. R. Civ. P. 510.
What are the steps to evict a tenant for unpaid rent in Florida?
In Florida, an eviction for unpaid rent runs through 6 steps, each set by the statute or court rule beside it: (1) Serve a 3-day notice to pay rent or vacate — Fla. Stat. § 83.56(3); (2) File a complaint for eviction in the county court — Fla. Stat. § 83.59; (3) Summons served by the sheriff or a process server — Fla. Stat. § 48.183; (4) Five working days to answer AND deposit the rent — Fla. Stat. § 83.60(2); (5) Judgment for possession — Fla. Stat. § 83.59; (6) Writ of possession — 24 hours’ notice — Fla. Stat. § 83.62. Florida’s registry-deposit rule is the most consequential detail in the state: a tenant who does not deposit the rent claimed loses the right to defend, and the landlord may move for a default judgment for possession. The procedure as a whole is set by Fla. Stat. §§ 83.56, 83.59, 83.60, 83.62, 83.67; Fla. Stat. § 51.011.
What are the steps to evict a tenant for unpaid rent in New York?
In New York, an eviction for unpaid rent runs through 8 steps, each set by the statute or court rule beside it: (1) Serve a 14-day written rent demand — RPAPL § 711(2); (2) Wait the full 14 days for payment — RPAPL § 711(2); (3) Prepare the notice of petition and petition — RPAPL § 741; (4) File and buy an index number — CPLR § 321(a); (5) Serve the notice of petition and petition, 10 to 17 days before the return date — RPAPL §§ 733, 735; (6) The return date — RPAPL § 732; (7) Judgment and warrant of eviction — RPAPL § 749; (8) Marshal’s 14-day notice of eviction — RPAPL § 749(2). Rent must be demanded in writing 14 days before a nonpayment proceeding, and the demand must state the rent due by month. A tenant may pay the full amount at any point up to the execution of the warrant and the proceeding ends. New York City adds requirements of its own. The procedure as a whole is set by RPAPL Article 7 (§§ 711, 731, 733, 735, 749); RPL § 235-e; Housing Stability and Tenant Protection Act of 2019.
What are the steps to evict a tenant for unpaid rent in Pennsylvania?
In Pennsylvania, an eviction for unpaid rent runs through 5 steps, each set by the statute or court rule beside it: (1) Serve a 10-day notice to quit for nonpayment — 68 P.S. § 250.501(b); (2) File a landlord/tenant complaint — Pa. R.C.P.M.D.J. 502; (3) Hearing, 7 to 15 days after filing — Pa. R.C.P.M.D.J. 503; (4) Ten days to appeal, then an order for possession — Pa. R.C.P.M.D.J. 1002, 1008; (5) Order for possession — 10 days’ notice — Pa. R.C.P.M.D.J. 515, 518. The ten-day notice for nonpayment may be waived by the lease, and many Pennsylvania leases do waive it. Read the lease before serving. Philadelphia adds requirements of its own. The procedure as a whole is set by 68 P.S. §§ 250.501, 250.502, 250.503; Pa. R.C.P.M.D.J. 501–521.
What are the steps to evict a tenant for unpaid rent in Illinois?
In Illinois, an eviction for unpaid rent runs through 6 steps, each set by the statute or court rule beside it: (1) Serve a 5-day notice for nonpayment of rent — 735 ILCS 5/9-209; (2) File a complaint for possession — 735 ILCS 5/9-106; (3) Summons served at least three days before the appearance date — 735 ILCS 5/9-107; (4) The appearance date — 735 ILCS 5/9-106; (5) Order for possession, with a stay — 735 ILCS 5/9-110; (6) The sheriff executes the order — 735 ILCS 5/9-117. A five-day notice for nonpayment must state the amount due, and payment of that amount in full within the five days ends it as a matter of law. Chicago adds requirements of its own. The procedure as a whole is set by 735 ILCS 5/9-104, 9-209, 9-106, 9-117; Chicago RLTO § 5-12-130.
What are the steps to evict a tenant for unpaid rent in Ohio?
In Ohio, an eviction for unpaid rent runs through 3 steps, each set by the statute or court rule beside it: (1) Serve the 3-day notice with the statutory language — O.R.C. § 1923.04; (2) File a forcible entry and detainer complaint — O.R.C. § 1923.02; (3) Hearing within 30 days of filing — O.R.C. § 1923.08. Ohio’s three-day notice must contain a specific statutory sentence, verbatim and conspicuously: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you..." A notice without it is void. The procedure as a whole is set by O.R.C. §§ 1923.02, 1923.04, 1923.08, 5321.15.
What are the steps to evict a tenant for unpaid rent in Georgia?
In Georgia, an eviction for unpaid rent runs through 5 steps, each set by the statute or court rule beside it: (1) Serve a 3-business-day notice to vacate or pay — O.C.G.A. § 44-7-50(c), (d); (2) File a dispossessory affidavit — O.C.G.A. § 44-7-50; (3) Seven days to answer — O.C.G.A. § 44-7-51; (4) The tenant’s right to pay and stay — O.C.G.A. § 44-7-52; (5) Writ of possession, seven days after judgment — O.C.G.A. § 44-7-55. For a residential lease entered into or renewed on or after 1 July 2024, a landlord must give a notice to vacate or pay all past-due rent, late fees, utilities and other charges within three business days before filing for nonpayment (the Safe at Home Act). A tenant may pay all rent and costs within seven days of the answer to stop the eviction, once every twelve months. O.C.G.A. § 44-7-50 is amended again from 1 January 2027. The procedure as a whole is set by O.C.G.A. §§ 44-7-50 (as amended by the Safe at Home Act, 2024), 44-7-51, 44-7-52, 44-7-55.
How Seayora uses this rule
Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Guides on this rule
- Can a Landlord Send an Eviction Notice by Email or Text? — The federal E-SIGN Act excludes eviction notices, so state law decides how a notice to pay or quit must be served. California, New York and Florida rules.
- Landlord Retaliation Laws: Protected Tenant Acts and Time Limits — When an eviction, rent increase or cut in services is presumed retaliatory: 180 days in California, six months in Texas, a year in New York.
- Texas Eviction Law After SB 38: The 2026 Procedure — How Texas evictions work for suits filed since January 1, 2026: pay-or-vacate notices, delivery rules, the 10-to-21-day trial, appeals and the writ.
- The CARES Act 30-Day Notice to Vacate: Is It Still Required? — The CARES Act 30-day notice to vacate still applies to properties with federally backed mortgages or federal assistance. Which properties are covered, and why.
Other rules compared across states
- How the interest works in 14 states
- Maximum deposit in 30 states
- Deadline to return the deposit in 49 states
- Notice before entry in 24 states
- Notice before a nonpayment case in 49 states
- Notice to end a tenancy in 48 states
- Notice before a rent increase in 29 states
- Maximum late fee in 17 states
- Grace period before a late fee in 14 states
- Application fee limit in 12 states
- Time to respond in 22 states
- The rule on lockouts in 22 states
- Cause needed to end a tenancy in 5 states
- Rent control in 33 states
- Housing vouchers in 30 states
- Retaliation period in 39 states
- Repair and deduct in 19 states
- Labor on an appliance repair in 20 states
- Capital improvement in 8 states
- Repair labor on real property in 15 states
- How the contractor is treated in 51 states
Every rule for one state
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