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Received a 3-Day Eviction Notice? Here's What To Do

George Simons | January 15, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by Patrick Austin, J.D.

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

Summary: If you receive a 3-day eviction notice, you have some options for how to act. You can: pay the full amount of rent that is overdue, move out voluntarily, make a rent payment plan or moving plan in agreement with the landlord, temporarily stop the eviction by filing for bankruptcy, wait for the sheriff's deputy to show up to your doorstep, or try to fight the eviction in court. Whatever you do, don’t ignore your eviction notice.

Yikes. You've just been served a 3-day eviction notice, and you're already sweating bullets. Should you ignore it? Hide in the closet and hope they don't see you there? Secretly swap apartments with the neighbor in the night?

Unfortunately, this problem won't go away if you close your eyes and pretend you didn't see it. There's no time to waste. Instead, face your 3-day eviction notice head-on.

What is a 3-day eviction notice?

To better understand what a 3-day eviction notice is, you need to understand what it isn't. This isn't a threatening letter personally whipped up by your landlord, or a passive-aggressive Post-It note like the kind your roommates leave around. This isn't a non-compliance notice or a 30-day move-out request, either.

A 3-day eviction notice, also known as a 3 day notice to vacate, is a legal document that a landlord can serve to a tenant for certain violations, most commonly for not paying rent. This notice serves as a warning to the tenant that they must either remedy the violation or leave the rental property within three days.

You may have received a lot of different letters from your landlord over time, and it's understandable if you're confused about what they all mean.

In order for the letter in question to be classified as an official 3-day eviction notice, it must be:

  • Ordered by a judge
  • Legally classified as a “Forcible Entry and Detainer” action

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Is a 3-day eviction notice legal?

All right, so that piece of paper on your door really is an eviction notice. But wait — before you start packing your bags and bracing yourself for a life of couch surfing, you have to know if your 3-day eviction notice is even legal.

Yes. A 3-day eviction notice is completely legal, as long as it has been ordered by a judge. A landlord can't simply decide they want you out and serve up a hasty demand. But they can file for an eviction if they have already:

  • Legally ended the tenancy
  • Given the tenant three days to move out with a Notice to Quit (except if the landlord has been endangered by the tenant, or if they've already provided a Notice of Nonpayment)
  • Informed the tenant that the eviction process is starting with an Original Notice

4 ways a landlord can end tenancy

A landlord can end a tenancy for a variety of reasons, like if a tenant hasn't paid rent for several months or has broken the terms of the rental agreement.

Here are four types of end-of-tenancy notices you may have received before the 3-day eviction notice:

1. 3-day notice of unpaid rent

Whoops, you're late on your rent payment...again!

This type of letter informs you of how much rent you owe and gives you three days to pay it in full. If you pay the amount within three days, you're golden. It's back to binge-watching Netflix and munching on popcorn in your home, sweet home. But if you don't pay rent, your tenancy ends.

Let’s consider an example of a 3-day notice of unpaid rent.

Example: Terry lives in New York, and she has fallen behind on her rent and other bills. After a few weeks of missing this month’s rent, Terry’s landlord sends her a 3-day notice of unpaid rent. Luckily, Terry has a good relationship with her parents and asks them for help while she works to get back on track financially. They agree to send her half the cost of rent, and with their help, Terry is able to pay the rent before the three-day grace period runs out.

2. 7-day notice of non-compliance

Snuck a dog into your apartment? Or remodeled without asking the landlord?

If you've broken the terms of your lease, you could be served a 7-day notice of non-compliance, meaning you have seven days to fix whatever the issue is. Find a new home for Fido or un-remodel that bedroom (Is that possible? Hope so!), and you're in the clear. But if you don't address the problem, your landlord can end tenancy.

3. No-reason notice

Huh? A no-reason notice? Yes, this is really a thing. If you're on a month-to-month housing contract, your landlord has the right to end tenancy for any reason — as long as they deliver the notice in a specified amount of time. In most states, that timeframe is at least 30 days before your next rent payment is due, but there are several exceptions. Verify the law in your state before taking action.

Let’s take a look at another example.

Example: Jerry lives in Texas, and he has a great relationship with his landlord. With a month-to-month contract, Jerry never pays his rent late and takes good care of the property. When the housing market improves dramatically, Jerry’s landlord decides he wants to renovate the property and sell it for profit. He sends Jerry an eviction notice, giving him 30 days to vacate the property, as per Texas laws. Even though Jerry is sad to leave the place, there is nothing he can legally do to fight back since his lease ran on a month-to-month basis.

4. 3-day notice of clear and present danger

If the landlord feels threatened by a tenant in any way, they can end tenancy with a 3-day notice of clear and present danger. This type of notice is certainly vague. In fact, you might receive this type of notice if you've been the victim of an attack, or if you were in a fight.

In this case, you can file a domestic abuse protection order or tell the abuser that they will be reported for trespassing if they come back to your house. You'll need to provide a copy of this letter to your landlord to be in the clear.

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What is the 3-day eviction process?

So, how did you end up in this situation, anyway? Here's what had to happen before an eviction notice landed on your doorstep:

  1. Your landlord sends you a notice to end tenancy.
  2. Your landlord sends you a 3-Day Notice to Quit.
  3. The landlord files an eviction in court and sends you an Original Notice informing you that they have done so.
  4. The courts schedule a hearing and send you notice of the date of the trial.
  5. If you want to challenge the eviction, you have five days from the time of receiving the court date to send a written response to the court.
  6. You must attend the trial and present your case before the judge.
  7. The judge determines whether or not you should be evicted. (If you are evicted, a sheriff's deputy will come to your home to oversee the process of moving you out)

Keep in mind — the landlord cannot move you out of the house without a sheriff's deputy present, and you always have the right to share your experience in court before you get the boot.

What you can do about your eviction notice

Are wondering what happens after a 3-day eviction notice? Legalese got you down? If you've received a 3-day eviction notice, it's important to know that you have options.

Here's what you can do if you're being evicted and what happens after a 3-day eviction notice:

  • Pay the full amount of rent that is overdue (if this is why you're being evicted)
  • Move out voluntarily
  • Make a rent payment plan or moving plan in agreement with the landlord
  • Temporarily stop the eviction by filing for bankruptcy
  • Wait for the sheriff's deputy to show up to your doorstep (“Oh! Why, hello! Wasn't expecting you so soon!”)
  • Try to fight the eviction in court

What can void a three-day notice?

A three-day notice is usually the first step a landlord takes to initiate eviction proceedings due to non-payment of rent or lease violations. However, there are specific circumstances and errors that can render such a notice void, impacting the eviction process significantly.

Key factors that can void a three-day notice include:

  • Legal Compliance and Accuracy: The notice must strictly adhere to legal standards and include precise details like the exact amount of rent due, tenant's name, and property address. Any discrepancy, even minor, in the amount owed can invalidate the notice.
  • Proper Service Methods: Delivery of the notice must comply with legal requirements. Personal delivery directly to the tenant is preferred. If mailed, certain state-specific requirements, like a declaration of delivery, must be followed. Improper service can lead to invalidation.
  • Acceptance of Partial Payments: If a landlord accepts a partial payment after issuing a three-day notice, the notice becomes void. For example, if a tenant owes $1,000 and pays $300, the landlord can issue a new notice for the remaining $700, but the original notice is nullified.
  • Tenant’s Right to Cure: A tenant can nullify the notice by paying the full rent amount within the three-day period. Failure to pay or attempting to pay only part without moving out can lead to eviction through a lawsuit.
  • Defenses Available to Tenants: Tenants have defenses that can void a notice, such as disputing the amount due, claiming habitability issues, or demonstrating that the notice was served in retaliation for exercising legal rights.

Don't ignore your 3-day eviction notice

Whatever you do, don't throw your 3-day eviction notice in the trash and hope everybody forgets about it. At this point, you've likely been served several other notices, and soon the sheriff's deputy will come a-knockin' if you don't take action — quickly.

But it's not a lost cause just yet. Contact the courts immediately if you believe you're being wrongfully evicted. And if not? Move out peacefully and avoid having an eviction on your record for the long haul.

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