7 Common Eviction Notice Mistakes That Get Cases Thrown Out

A single mistake on your eviction notice can get your case dismissed in court, costing you months of additional lost rent. Here are the seven most common mistakes landlords make and how to avoid them.

1. Using the Wrong Notice Type

Each situation requires a specific type of notice. Using a Pay or Quit notice for a lease violation (when you should use Cure or Quit) can invalidate the entire proceeding. Make sure you match the notice type to the actual issue.

2. Wrong Notice Period

Every state mandates specific cure periods. Giving a tenant 3 days in a state that requires 14 days makes the notice legally defective. Always verify the required notice period for your state and notice type. Our eviction notice generator automatically sets state-specific defaults.

3. Improper Service

How you deliver the notice matters just as much as what it says. Most states require specific service methods like personal delivery, posting and mailing, or certified mail. Sending a text message or email is generally not legally sufficient service. Keep proof of how and when you served the notice.

4. Vague or Missing Details

Your notice must be specific. It should include the tenant's full legal name, the complete property address, the exact amount owed (for pay or quit), a specific description of the violation (for cure or quit), and the exact deadline date. Courts frequently dismiss notices that are too vague.

5. Not Including All Tenants

The notice must be addressed to all adult tenants listed on the lease. Missing one tenant can invalidate the entire eviction. Include "and all other occupants" as a catch-all, but always name every known tenant.

6. Accepting Partial Payment After Serving Notice

In many states, accepting any payment after serving an eviction notice resets the entire process. If a tenant offers a partial payment after you've served a Pay or Quit notice, be aware that accepting it may waive your right to continue the eviction.

7. Not Keeping a Copy

Always keep copies of the notice, the proof of service, and any related correspondence. If you end up in court, you'll need to prove exactly what notice you served, when, and how. No copy means no proof.

Avoid These Mistakes

Our free AI eviction notice generator helps you avoid these common errors by providing properly formatted templates with state-specific cure periods. Generate your notice now and review it with a local attorney before serving.