Your rights
My landlord gave me an eviction notice. What does it mean, and what do I do?
Key takeaways
- A notice is not an eviction. Only a court can order you to leave, and only an officer such as a sheriff, marshal or constable carries out that order.
- The notice for unpaid rent is 3 days in California and Florida (weekends and court holidays not counted), 3 days in Texas unless the lease says otherwise, and 14 days in New York.
- Court papers come with a short deadline: 10 court days to answer in California, 5 days in Florida. Miss it and the judge can rule against you without hearing your side.
An eviction notice starts a clock. It does not end your tenancy on its own. It tells you what the landlord wants, such as paying the rent, fixing a lease problem or moving out, and by when. If the deadline passes, the landlord still has to file a court case and win before anyone can make you leave.
Eviction rules are written by each state, and some cities add their own. Below are the common types of notice, what to do in the first days, and a side-by-side comparison of California, Texas, New York and Florida.
The first days after you get a notice
Do these first
- Read the whole notice today. Is it asking you to pay, to fix something or to move out, and what is the last day?
- Write down the date you got it and how it was delivered, and keep the notice.
- If you can pay or fix the problem before the deadline, do it, and keep proof: a receipt, a bank record or dated photos.
- Got court papers? Find the deadline on them today. Missing it can mean losing without a hearing.
- Contact legal aid or a court self-help center before you sign anything or agree to move out.
A notice is not an eviction
The notice is the landlord's first step. What happens next is up to a court, not the landlord.
- Only a court can order you out. If you do not do what the notice asks, the landlord must file an eviction case and win it. Changing the locks is not a lawful shortcut, except for the narrow Texas rule described below.N.Y. RPAPL § 711 · Fla. Stat. § 83.59(3) · Tex. Prop. Code § 92.0081(b)
- Only an officer carries out the order. After a judgment for the landlord, a sheriff, marshal or constable removes the tenant under a court writ or warrant. The landlord cannot do it alone.Cal. Code Civ. Proc. § 715.020 · Tex. Prop. Code § 24.0061 · Fla. Stat. § 83.62 · NY Attorney General
- Forcing you out yourself is against the law. In California, New York and Florida, a landlord may not lock you out, cut off utilities or remove your belongings to make you leave. Texas allows only a temporary lock change for unpaid rent, with a new key available at any hour.Cal. Civ. Code § 789.3 · N.Y. RPAPL § 768 · Fla. Stat. § 83.67 · Tex. Prop. Code § 92.0081
- You can tell the judge your side. You can answer the case and raise defenses, such as a defective notice or serious repair problems the landlord would not fix, as long as you meet the court's deadline.Cal. Code Civ. Proc. § 1167 · California Courts · N.Y. RPAPL § 743 · Fla. Stat. § 83.60
What a real eviction notice contains
A notice comes from your landlord, or someone acting for the landlord, not from a court. It tells you:
- The reason, such as unpaid rent or a broken lease rule.
- What to do: pay, fix the problem or move out.
- The deadline. The number of days, how they are counted and how the notice must be delivered vary by state.
- For unpaid rent in California: the amount due and who to pay.
The court date comes later. If the deadline passes, the landlord can file an eviction case, and you get court papers that name the landlord as plaintiff, give the reason, and set your deadline to answer or a court date. Neither is an order to leave: only a judge can order an eviction.
The common types of eviction notice
- Pay rent or quit. You are behind on rent: pay the full amount by the deadline, or move out. The deadlines for California, Texas, New York and Florida are in the table below.
- Cure or quit. You broke a rule in the lease, such as having a pet that is not allowed: fix it by the deadline, or move out. California gives 3 days, not counting weekends and court holidays; Florida gives 7 days.
- Unconditional quit. No chance to pay or fix: you are told to leave, usually for something serious. In California, 3 days for a nuisance, waste or illegal use of the home. In Florida, 7 days for problems such as intentional damage, or a repeat of a violation within 12 months of a written warning.
- End of a month-to-month tenancy. The landlord ends a rental with no fixed end date. California: 30 days if you have lived there less than a year, 60 days if longer. Texas: at least one month for a monthly rental, unless you both signed an agreement setting a different period. New York: 30, 60 or 90 days, depending on how long you have lived there. Florida: 30 days before the end of a monthly period.
Eviction deadlines in California, Texas, New York and Florida
| State | Notice for unpaid rent | Time to answer the court papers | Lockouts and utility shutoffs |
|---|---|---|---|
| California | 3 days to pay or move out, not counting Saturdays, Sundays and court holidays. The notice must state the amount due and who to pay, with a name, phone number and address. Cal. Code Civ. Proc. § 1161(2) | 10 days after you are served, not counting Saturdays, Sundays and court holidays. It can be longer depending on how you were served. The usual response is an Answer (form UD-105). Cal. Code Civ. Proc. § 1167 · California Courts | Banned. To force you out, a landlord may not cut off utilities, change the locks, remove doors or windows, or remove your belongings. It can owe your actual damages plus up to $100 a day, at least $250 for each claim. Cal. Civ. Code § 789.3 |
| Texas | 3 days' written notice to vacate, unless the lease sets a shorter or longer period. If you were not behind before this month, it must be a notice to pay rent or vacate. Weekends and holidays count, but a deadline that lands on one moves to the next weekday that is not a holiday. Tex. Prop. Code §§ 24.005, 24.0042 | Usually no written answer is required, but you must go to the trial, set 10 to 21 days after the landlord files. If the papers include a motion for summary disposition, file a written response within 4 days of being served. Tex. Prop. Code §§ 24.0051(c), 24.005106 · TRCP 510, per the Texas State Law Library | Limited, not banned. A lock change for unpaid rent is allowed only if the lease says so and after advance written notice, and you must get a new key at any hour, paid or not. Utilities may be cut only for repairs, construction or an emergency (separate rules cover electricity the landlord bills you for). Violations: one month's rent plus $1,000, plus damages and fees. Tex. Prop. Code §§ 92.0081, 92.008 |
| New York | 14 days' written demand for the rent before the landlord can go to court. Section 711 does not exclude weekends or holidays. N.Y. RPAPL § 711(2) | Nonpayment case: either 10 days after service to answer with the court clerk (§ 732), or papers served 10 to 17 days before the hearing, where you can answer orally or in writing (§§ 733, 743). Check your papers for the date. Holdover case: answer at the hearing. N.Y. RPAPL §§ 732, 733, 743 | Banned for anyone who has lived there 30 days or more or has a lease: no force or threats, no lockout without a key, no removing your belongings or the door, no cutting essential services. A crime, plus a civil penalty of $1,000 to $10,000 per violation. N.Y. RPAPL § 768 |
| Florida | 3 days to pay or leave, not counting Saturdays, Sundays and court-observed holidays. A lease cannot waive the notice. Fla. Stat. § 83.56(3), (4) | 5 days after service to file your answer. To raise any defense other than payment, you must also pay the rent claimed into the court registry, or ask the court to set the amount, within 5 days, not counting weekends and legal holidays, or the landlord can get an immediate default judgment. Fla. Stat. §§ 51.011(1), 83.59(2), 83.60(2) | Banned. No cutting utilities, changing the locks, removing doors, locks, walls or windows (except for repairs), or removing your belongings unless you surrendered or abandoned the unit or after a lawful eviction. The landlord owes your damages or 3 months' rent, whichever is greater, plus costs and attorney's fees. Fla. Stat. § 83.67 |
Cities and counties can add their own eviction rules, so check your local rules too.
What to do, step by step
- Read the notice closely. Find the type of notice, the amount claimed, the deadline and who to pay. In California, a notice to pay or quit must state the amount due and the name, phone number and address of the person to pay.
- Check the dates and the delivery. Count the days the way your state does (see the table). The law also says how a notice may be delivered: in Texas, for example, by mail, by hand to a tenant aged 16 or older, inside the home in a conspicuous place, or by email if you agreed to it in writing.
- Pay or fix it in time, if you can, and keep proof. Doing what the notice asks by the deadline usually stops the case from starting. Pay in a way you can prove and ask for a receipt. In New York, paying all the rent owed before the eviction is carried out can get a nonpayment case dismissed.
- Don't ignore court papers. A summons or notice of petition means a case has been filed. Find the deadline or the court date on it the same day.
- Answer on time, or be at the trial. File your answer by the deadline and list anything you disagree with and your defenses. In California, the Answer is form UD-105; filing fees run from $240 to $450, and you can ask for a fee waiver. In Texas, you usually do not have to file an answer, but you must attend the trial.
- Get legal help early. Contact legal aid, a court self-help center or your state bar's referral service. In Texas, the eviction papers must list the State Bar's toll-free number, 1-877-9TEXBAR.
- Ask about rental assistance. If money is the problem, contact your state or local government about emergency help paying rent. Each state sets its own eligibility rules.
Your situation, in questions
| If… | What to do | Good to know |
|---|---|---|
| The notice says pay or leave, and you can pay | Pay the full amount by the deadline in a way you can prove, and keep the receipt. | In a New York nonpayment case, you can only be evicted for rent, not for late fees or other added charges. |
| You can't pay all of it in time | Ask the landlord in writing for more time or a payment plan, and apply for rental assistance right away. | Get any agreement in writing, with the dates and amounts. |
| You think the notice is wrong | Write down what is wrong (the amount, the dates, how it was delivered) and get legal help before the deadline. | In California, the court may not allow an eviction if the landlord didn't follow the notice rules. In Florida, the landlord gets a chance to fix a defective notice before a case is dismissed. |
| The landlord changed the locks or cut off a utility | Contact legal aid right away. In Texas, you can ask the justice court for a writ of reentry. | The landlord can owe you money: at least 3 months' rent in Florida, or one month's rent plus $1,000 in Texas. |
| You were served with court papers | Find the deadline today and file your answer, or in Texas be at the trial. | Miss it and the judge can rule without hearing you. |
| You held back rent because of repair problems | Raise it as a defense in your answer and bring your written complaints and photos. | In Florida, you must have given the landlord 7 days' written notice first, and you may have to pay the rent into the court registry to raise the defense. |
What your landlord or the judge may say, and what you can say
“You have three days to get out.”
You can say: “I've read the notice and I'll respond by the deadline. I know only a court can order me to leave.”
“I'm changing the locks tomorrow.”
In California, New York or Florida, you can say: “Locking me out to make me leave is against the law. Please go through the court.”
“Pay the rent plus the late fees, or I'm filing.”
You can say: “Here is the rent that is due. Please give me a receipt.”
“Sign this and agree to be out by Friday.”
You can say: “I'd like time to read it and talk to legal aid before I sign anything.”
“When did you receive the notice, and how?”
In court, you can say: “On this date. It was left at my door. Here is the copy I kept.”
“Do you owe the rent your landlord is claiming?”
In court, you can say: “I paid part of it on this date; here is the receipt. I'm also asking the court to consider the repair problems I reported in writing.”
Eviction notice checklist
- The notice itself, and the date and way you received it.
- Your lease or rental agreement.
- Proof of every rent payment: receipts, bank records, money order stubs.
- Letters, texts and emails with your landlord, especially repair requests.
- Dated photos or video of any repair problems.
- The court papers, with the deadline or trial date circled.
- A copy of the answer you filed, and proof you served it if your court requires that.
- The name and number of a legal aid office or court self-help center.
- Any rental assistance application and its reference number.
Can I handle this on my own, or do I need a lawyer?
Many tenants answer an eviction case on their own with help from a court self-help center. Talk to a lawyer or a legal aid office if you have defenses such as serious repair problems, retaliation or discrimination, if you think the notice or the service was wrong, or if you live in rent-regulated or subsidized housing. Get help early: the deadlines are short.
Common questions
Can my landlord evict me with just a notice?
No. The notice gives you a deadline. If you don't pay, fix the problem or move out by then, the landlord has to file an eviction case and win it. Only then can a sheriff, marshal or constable remove you.
What should a real eviction notice include?
Who it is from, why the landlord wants to end your tenancy, what you can do (pay, fix the problem or move out) and the deadline. The number of days and how the notice must be delivered vary by state. A notice has no court date: that comes on court papers if the landlord files a case. A notice is not an eviction order; only a court can order you to leave.
Can my landlord change the locks or shut off my utilities?
Not to force you out in California, New York or Florida. In Texas, a landlord may change the locks for unpaid rent only if the lease allows it and after advance written notice, and must give you a new key at any hour, whether or not you pay. Texas landlords may not cut off utilities except for repairs, construction or an emergency.
How long do I have to respond to an eviction lawsuit?
In California, 10 days after you are served, not counting weekends and court holidays. In Florida, 5 days, and to raise defenses other than payment you must also pay the rent claimed into the court registry. In Texas you usually don't have to file an answer but must go to the trial, unless the papers include a motion for summary disposition, which gives you 4 days to respond. In New York, it depends on the type of case; check your papers.
What happens if I miss the deadline or the court date?
The judge can decide the case without hearing your side, called a default judgment. In California, if a landlord hasn't yet asked for a default, you may still be able to file an answer, but do it right away.
Can I stop the eviction by paying the rent?
Often, if you pay in full on time. Paying everything the notice asks for before the deadline usually means the landlord shouldn't start a case. In New York, you can have a nonpayment case dismissed by paying all the rent owed at any time before the eviction is carried out.
Do I have to move out when the notice runs out?
The end of the notice lets the landlord file a court case; it does not let the landlord remove you. But staying has risks: if you lose the case, the judge can order you to move out and may also order you to pay money.
Official sources
- California Code of Civil Procedure § 1161: notices before an unlawful detainer (eviction) leginfo.legislature.ca.gov
- California Code of Civil Procedure § 1167: time to respond to an eviction summons leginfo.legislature.ca.gov
- California Code of Civil Procedure § 715.020: executing a writ of possession leginfo.legislature.ca.gov
- California Civil Code § 789.3: utility shutoffs, lockouts and removing belongings leginfo.legislature.ca.gov
- California Civil Code § 1946.1: notice to end a periodic tenancy leginfo.legislature.ca.gov
- California Civil Code § 1946.2: just cause after 12 months (Tenant Protection Act) leginfo.legislature.ca.gov
- California Courts: If you get a notice selfhelp.courts.ca.gov
- California Courts: Summons and complaint in an eviction case selfhelp.courts.ca.gov
- California Courts: Fill out an Answer form in an eviction case selfhelp.courts.ca.gov
- California Courts: What happens if you lose your eviction case selfhelp.courts.ca.gov
- Texas Property Code, Chapter 24: eviction suits (as amended by S.B. 38, effective January 1, 2026) statutes.capitol.texas.gov
- Texas Property Code, Chapter 92: lockouts (§ 92.0081), utilities (§ 92.008), reentry (§ 92.009) statutes.capitol.texas.gov
- Texas Property Code § 91.001: notice to end a month-to-month tenancy statutes.capitol.texas.gov
- Texas State Law Library: The eviction process sll.texas.gov
- Texas State Law Library: Lockouts sll.texas.gov
- New York Assembly: S.6458 of 2019 (Chapter 36), text of RPAPL §§ 711, 732, 733, 743, 768 and Real Property Law § 226-c nyassembly.gov
- New York Attorney General: Residential tenants' rights guide ag.ny.gov
- NYC Human Resources Administration: Legal services for tenants facing eviction nyc.gov
- Florida Statutes § 83.56 (2026): termination of rental agreement, 3-day and 7-day notices flsenate.gov
- Florida Statutes § 83.57 (2026): ending a tenancy without a specific term flsenate.gov
- Florida Statutes § 83.59 (2026): right of action for possession flsenate.gov
- Florida Statutes § 83.60 (2026): defenses and paying rent into the court registry flsenate.gov
- Florida Statutes § 83.62 (2026): writ of possession flsenate.gov
- Florida Statutes § 83.67 (2026): prohibited practices flsenate.gov
- Florida Statutes § 51.011 (2026): summary procedure, 5 days to answer flsenate.gov
- Florida Department of Agriculture and Consumer Services: Landlord/tenant law in Florida fdacs.gov
- USA.gov: Get emergency rent assistance usa.gov
- HUD Housing Counselor Training, Module 6.2: tenancy and eviction (Sept. 2022) hud.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.