Pay or Quit vs Cure or Quit vs Unconditional Quit: Which Notice Do You Need?

Choosing the wrong type of eviction notice is one of the most common mistakes landlords make. Here's a clear breakdown of all three types and when to use each.

Pay or Quit Notice

A Pay or Quit notice is used when the tenant has failed to pay rent. It gives the tenant a specific number of days to pay all rent owed in full or vacate the premises. This is the most common type of eviction notice. Use it when rent is overdue, the tenant hasn't responded to informal requests for payment, and you're prepared to start eviction proceedings if payment isn't received.

Cure or Quit Notice

A Cure or Quit notice is used when the tenant has violated a term of the lease but the violation is something that can be fixed. Common violations include unauthorized pets, unauthorized occupants or subletting, excessive noise complaints, failure to maintain the property, and using the property for unauthorized purposes. The notice gives the tenant a specific number of days to "cure" (fix) the violation or vacate. If the tenant corrects the issue within the cure period, the eviction stops.

Unconditional Quit Notice

An Unconditional Quit notice is the most serious type. It tells the tenant they must vacate — period. There's no option to pay or fix the problem. This type is typically used for serious or repeated violations like illegal activity on the premises, major property damage, repeated lease violations after prior notices, threats or violence against other tenants, and situations where state law allows unconditional termination. Not all states allow unconditional quit notices for all situations. Check your state's laws carefully.

How to Choose the Right Notice

Ask yourself these questions: Is the issue about unpaid rent? Use Pay or Quit. Has the tenant violated a lease term they can fix? Use Cure or Quit. Is the violation too serious to allow a cure, or has the tenant been given prior chances? Use Unconditional Quit.

State Variations

Notice periods vary dramatically by state. California requires only 3 days for pay or quit, while New Jersey requires 30 days. Some states require different notice periods depending on whether the lease is month-to-month or fixed-term. Our eviction notice generator automatically applies the correct default period for your state.

When in Doubt

If you're unsure which notice type to use, consult with a landlord-tenant attorney in your state. Using the wrong notice type means starting the entire process over, which could cost you an additional month or more of lost rent. Our free tool can generate all three types — try it now.