When rent goes unpaid or lease violations stack up, the 3 day notice to vacate becomes your legal starting point. It's short, it's serious, and if used properly, it's your first step toward reclaiming your property.
But there's a catch—this notice only works if it's executed correctly. Missteps can delay the eviction process or even get your case dismissed. So, let’s walk through exactly how to use a 3 day notice to vacate the right way.
What Is a 3 Day Notice to Vacate?
It’s a written demand given to a tenant, typically for nonpayment of rent. It gives the tenant three days to either pay what's owed or move out. If they do neither, you may proceed with an eviction.
Different states have their own requirements about what the notice must include and how it must be delivered. So while “3 day notice” sounds simple, the execution matters.
For deeper insights into how timing affects collections, check out The Importance of Timely Debt Recovery Action for Apartment Communities.
When Should You Use It?
Most landlords use this notice after a tenant misses rent. But it can also be used for other serious lease violations—like damaging the property or engaging in illegal activity.
That said, before you post that notice, ask yourself a few things:
- Is the rent truly overdue?
- Have you provided any grace period outlined in the lease?
- Are you following your state’s notice format?
Giving a 3 day notice too soon or with errors can ruin your legal standing. You’re better off double-checking than losing time in court.
For more on tenant behavior and lease enforcement, read How to Evict a Tenant Legally and Efficiently.
What to Include in the Notice
This isn’t the time to freestyle.
At minimum, your 3 day notice should include:
- The tenant’s full name and rental address
- The exact amount owed, if applicable
- A clear deadline: three business days from the date of delivery
- Instructions on how to pay or whom to contact
- A statement that failure to comply may result in eviction
It needs to be clear, factual, and unemotional. And don’t forget: weekends and holidays usually don’t count toward the three days.
Want a ready-made version that fits most situations? Check out our Free Printable Eviction Notice Template for Landlords.
Delivery: Make It Count
Some states require personal delivery. Others allow taping it to the door or mailing it. In many cases, you’ll need to document how it was served. If you don’t deliver it properly, it might not hold up in court.
Keep a copy. Note the date, time, and method of delivery. Take a photo, if necessary. This simple step could be the difference between a smooth legal process and a frustrating restart.
After the Notice: Your Next Move
If the tenant pays, great. Crisis averted.
If they move out voluntarily, that’s a clean resolution. But if they stay past the deadline and still haven’t paid, you’ll likely need to begin formal eviction proceedings or bring in a collection agency to recover the debt.
That’s where ACB comes in. We help landlords recover unpaid rent after the tenant is gone. Our team uses skip tracing to find them, reports to the credit bureaus, and operates on a contingency basis. That means no fees unless we collect.
You can read more about how we help in How Apartment Debt Collection Works.