What to do when a tenant does not pay rent: the pay or quit notice
Start with a conversation, then serve the written notice your state requires: a demand to pay the rent owed within a set number of days or leave. The notice period is set by law, for example 14 days in New York and Washington, three days excluding weekends and court holidays in Florida, and 10 or 13 days in Oregon. Only a court can order a tenant out.
The first few days: talk before you serve
Most missed payments have an ordinary cause: a paycheck delay, a bank limit, a forgotten transfer. Before any notice, check your bank account carefully for a payment that arrived under another name, then contact the tenant on the day after the grace period ends. Ask when they can pay and whether a rent assistance program could help.
If the tenant cannot pay, or does not answer, the next step is the formal notice your state requires. Do not change the locks, remove belongings or shut off utilities to force a tenant out. In most states only a court can order a tenant to leave; check yours.
Notice periods in four states
| State | Notice | Key details | Statute |
|---|---|---|---|
| New York | Written demand for the rent | At least 14 days’ notice before a nonpayment proceeding | RPAPL 711(2) |
| Florida | Three-day notice | Three days excluding Saturday, Sunday and court-observed holidays; statutory wording | Fla. Stat. 83.56(3) |
| Oregon | 10-day or 13-day notice (72 hours for week-to-week) | 10-day notice no sooner than the 8th day of the period, or 13-day no sooner than the 5th; must state amount and the date and time to pay; must include the state’s rental assistance notice | ORS 90.394, 90.395 |
| Washington | 14-day notice to pay rent or vacate | Statutory form with itemized amounts and resources for tenants | RCW 59.18.057 |
Sources: New York RPAPL 711, Florida 83.56, Oregon ORS chapter 90, Washington RCW 59.18.057. Cities can add rules, so check local law too.
The pay or quit notice, step by step
- Confirm the rent is truly unpaid. Check every deposit for the month, including partial payments.
- Work out the exact amount owed for rent only. Some states, such as Oregon, do not let an unpaid late fee alone support a nonpayment termination.
- Use your state’s required form or wording. Florida and Washington set the wording in the statute.
- Date the notice and count the days exactly as your state counts them. Florida leaves out weekends and court holidays; Oregon sets the earliest day you may serve.
- Serve it by a method your state allows and keep proof: a photo, a witness, a mailing receipt.
- Track any payment during the notice period. Accepting part of the rent may affect the notice; see partial rent payments.
- If the tenant pays the full amount in time, the matter ends. Record it and stop.
- If not, file in the right court. Only a court order, carried out by the officer your state names, can remove a tenant.
Worked examples
Example a made-up Florida tenant owes $1,400 due on the 1st. The owner delivers a three-day notice on a Thursday. Saturday and Sunday do not count, so the three days are Friday, Monday and Tuesday. If Monday were a court-observed holiday, Wednesday would be the third day instead.
Example a made-up Oregon month-to-month tenant owes $1,250 due on the 1st. The owner can serve a 13-day notice on the 5th, giving a deadline of the 18th, or a 10-day notice on the 8th, also giving the 18th. The notice must state the $1,250 owed and the exact date and time to pay, and must come with the rental assistance notice the state publishes.
Example a made-up New York tenant owes $2,000. The owner serves a written rent demand on the 10th giving at least 14 days’ notice, so a nonpayment case cannot start before the 24th.
Mistakes that send owners back to the start
- Demanding more than the rent owed, such as adding fees your state does not allow in the notice.
- Counting days wrong, or serving before the earliest day the law allows.
- Using a generic internet form in a state that prescribes its own wording.
- Accepting part of the rent without following your state’s partial payment rule.
- Leaving out required attachments, such as Oregon’s rental assistance notice.
Eviction law is strict and local. For any case that goes to court, a local landlord-tenant attorney is worth the call.
How DoorKeeping handles it
DoorKeeping shows which units are unpaid from each property’s ledger, because every tenant pays your own bank with a memo like 12B SMITH and an exact amount. Any notice to a tenant is a legal step, so it waits for your one-tap approval, and you can ask your AI app for a list of units past their grace period. DoorKeeping does not give legal advice or file eviction cases.
Sources
- New York Real Property Actions and Proceedings Law 711, read Oct 29, 2026
- Florida Statutes 83.56, read Oct 29, 2026
- Oregon Revised Statutes chapter 90 (ORS 90.260, 90.394, 90.395), read Oct 29, 2026
- Washington RCW 59.18.057, read Oct 29, 2026
Questions
- How many days does a pay or quit notice give?
- It depends on the state: 14 days in New York and Washington, three days excluding weekends and court holidays in Florida, and 10 or 13 days in Oregon for month-to-month tenancies.
- Can I change the locks if a tenant does not pay?
- No, not in most states. Only a court order, carried out by the officer your state names, can remove a tenant.
- Can I put late fees in a pay or quit notice?
- Some states limit it. Oregon lets a landlord note a late charge only if the notice makes clear the tenant can cure by paying the overdue rent alone. Check your state.