Eviction Process

Pay or Quit Notice: What It Means and What to Do

A pay-or-quit notice gives you 3 to 14 days, in most states, to pay overdue rent in full or move. What to pay, when you can still pay later, and your defenses.

On this page
  1. How many days you have
  2. What amount you have to pay
  3. Does the landlord have to accept your payment?
  4. Where rental assistance fits
  5. Paying later to stop the eviction
  6. Defenses that apply to unpaid rent

A pay-or-quit notice is your landlord's written demand that you pay the overdue rent in full by a deadline or move out. State law sets the deadline, usually 3 to 14 days, and in most states paying everything the notice lawfully demands before it runs out ends the matter for that rent. If you cannot pay in time, the landlord can file an eviction case, but you stay until a court rules, and many states let you pay later and keep your home.

How many days you have

California and Florida give 3 days, excluding weekends and court holidays. Texas generally gives 3 days unless a written lease or agreement sets a shorter or longer period. Texas counts weekends and state or federal holidays, but a deadline ending on one extends to the next day that is neither a weekend nor a state or federal holiday. Georgia gives 3 business days for leases signed or renewed since July 1, 2024. Five to 10 days is common: 5 in Arizona and Illinois, 7 in Michigan, and 10 in Colorado and Maryland. Pennsylvania gives 10 days unless the lease shortens or waives notice. New York, Massachusetts, Minnesota, Virginia, and Washington give 14 days, and New Jersey requires no notice before a landlord files for unpaid rent. Not every notice lets you pay: Ohio's 3-day notice only tells you to leave, and in Texas a tenant who was late in an earlier month can get a notice to vacate with no option to pay. Every state's period is in our state-by-state eviction timeline.

Two federal rules can give you more time. In public housing and buildings with project-based Section 8 assistance, HUD requires at least 30 days' notice, the notice must itemize the rent owed by month, and the landlord cannot file if you pay that amount within the 30 days. In properties covered by the CARES Act, which include voucher rentals and buildings with a federally backed mortgage, the landlord cannot make you leave until 30 days after a notice to vacate; most courts say this still applies, though the Iowa Supreme Court held in 2025 that it does not.

Some states also limit how early the notice can come. In Oregon, a 10-day notice cannot be served before the 8th day of the rental period (ORS 90.394), and Connecticut and Rhode Island let a landlord act only after rent is 9 and 15 days late (Conn. Gen. Stat. 47a-15a; Rhode Island Gen. Laws 34-18-35).

What amount you have to pay

The notice should state a dollar amount. Compare it with your receipts and the landlord's ledger, the record of charges and payments, before you pay.

States differ on what the landlord can include:

  • Rent only. A California three-day notice is not legally effective if it demands more rent than is due or adds late charges, utility charges, bounced-check fees, or interest. In the District of Columbia, an unpaid late fee cannot be the basis for an eviction, and a landlord cannot file for unpaid rent unless you owe at least $600 (D.C. Code 42-3505.01).
  • Rent plus fees. A Georgia notice can demand past-due rent, late fees, utilities, and other charges (O.C.G.A. 44-7-50). In Arizona, paying the rent plus a reasonable late fee set in your written lease before the landlord files reinstates the tenancy (A.R.S. 33-1368).

If the amount is wrong, California's tenant guide advises offering the amount you actually owe, in writing, and keeping a copy.

Does the landlord have to accept your payment?

Before the deadline, paying the full amount properly due keeps your tenancy in states such as California, and Delaware law says a landlord may not refuse rent paid by you or on your behalf (25 Del. C. 5502). A partial payment is different. A California landlord can refuse it, and in Illinois a partial payment does not cancel a notice that states only full payment will stop the termination (735 ILCS 5/9-209).

After the deadline, a California landlord can refuse your payment and file, or accept it and give up the right to evict for that late rent. Pay by cashier's check or money order, and get a receipt signed by the landlord or agent that shows the date and amount.

Where rental assistance fits

Apply for help the day the notice arrives; rent assistance programs lists where to start. Several states give a pending or approved application legal weight:

  • Washington: the landlord must accept a written pledge of emergency rental assistance from a government or nonprofit program that covers the rent owed if it arrives before the notice expires, and must pause any court case for 14 court days after giving the program its payment information.
  • Massachusetts: the court must postpone a case for unpaid rent, and cannot enter judgment, while your emergency rental assistance application is pending, if the nonpayment came from a financial hardship.
  • Virginia: a written commitment to pay from a local government or nonprofit, presented at the first court date, gets the case continued for 10 days so the money can arrive.
  • Minnesota and Maryland: a written guarantee from a government agency or rental assistance nonprofit (Minnesota) or a government check (Maryland) counts as your payment.

Paying later to stop the eviction

Once a case is filed, Florida tenants who want to raise any defense other than payment must deposit the rent claimed with the court within 5 business days after being served, or file a motion asking the court to set the amount, with documents supporting why the claimed amount is wrong. They must also keep depositing rent with the court as it becomes due during the case. In these states, paying what you owe after the notice expires can still end a case based only on unpaid rent:

State (law) What you pay Deadline
Arizona (A.R.S. 33-1368) Past-due rent, reasonable late fees, attorney fees, and court costs Before judgment; after judgment, only if the landlord agrees
Delaware (25 Del. C. 5502) All rent due under the lease Any time after filing; after judgment, the landlord can require a certified check or money order
Georgia (O.C.G.A. 44-7-52) The rent claimed plus the cost of the eviction filing Within 7 days of being served, once in any 12 months
Maine (14 M.R.S. 6002) All rent owed, the current rent, and the landlord's filing and service fees Before the court issues the removal order, for tenants without a lease
Maryland (Real Prop. 8-401) All past-due amounts set by the court plus court costs and fees Before the eviction is carried out, unless you had 3 rent judgments in the prior 12 months
Michigan (MCL 600.5744) The judgment amount plus court costs By the deadline in the possession judgment, ordinarily at least 10 days after entry
Missouri (RSMo 535.160) All rent owed plus costs On the judgment date, or by paying the money judgment and costs before the judgment becomes final
Minnesota (Minn. Stat. 504B.291) Rent owed, interest, court costs, and an attorney fee of no more than $5 Any time before you are removed
New Hampshire (RSA 540:9) All rent due, other lawful lease charges, $15, and filing and service fees Before the hearing, up to 3 times in 12 months
New Jersey (state courts' tenant guide) All rent owed plus proper court costs By the end of the trial day, or within 3 business days after a lockout
New York (RPAPL 749) The full rent due Before the warrant (removal order) is carried out, unless the court finds you withheld rent in bad faith
North Carolina (G.S. 42-33) The rent due and court costs Before judgment; this defense does not apply when the landlord relies on an enforceable lease clause terminating the tenancy for nonpayment
Pennsylvania (Pa.R.Civ.P.M.D.J. 518) Rent in arrears plus costs, paid to the officer Before the officer gives the landlord possession
Virginia (Va. Code 55.1-1250) Rent, late charges, attorney fees, and court costs At or before the first court date; later, all amounts plus sheriff fees at least 48 hours before the scheduled eviction. A landlord with 4 or fewer rental units may limit this right to once per lease period by giving you written notice
Washington (RCW 59.18.410) Rent, court costs, late fees of no more than $75, and attorney fees if awarded Before judgment or within 5 court days after it, or until the eviction date with a rental assistance pledge letter

In states without a rule like these, a payment after the deadline stops the case only if the landlord agrees, so get that agreement in writing before you pay. Negotiating with your landlord to avoid eviction covers payment plans.

Defenses that apply to unpaid rent

  • You paid or offered in time. Bring receipts, bank records, or the dated written offer the landlord refused.
  • The notice was defective. It demanded the wrong amount or charges your state does not allow, gave too few days, or came before the law allowed.
  • Serious repair problems. In Florida, a landlord's failure to meet the building, housing, and health code duties in Fla. Stat. 83.51(1) is a complete defense if you gave 7 days' written notice of the problem and of your intent to withhold rent, and the court can reduce the rent you owe.
  • A federal notice rule applies. Raise the HUD or CARES Act 30-day rule if your building is covered and you got less time.
  • Social Security hardship in California. Since January 1, 2026, a California tenant whose Social Security benefits were stopped, delayed, or reduced through no fault of their own can raise this as a defense. If you prove that the interruption prevented you from paying rent, the court pauses the case until 14 days after benefits are restored or 6 months after the pause begins, whichever comes first. It does not cancel the rent; within 14 days after benefits are restored, you must pay all past-due rent or enter a payment plan agreed to by you and the landlord.

Put each defense in your written answer, or tell the judge at the first hearing if your court does not require an answer. Defenses against eviction covers retaliation, discrimination, and the evidence each defense needs.

Sources

  1. California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026), three-day notices and eviction (California Department of Real Estate)
  2. Florida Statutes section 83.60 (defenses; depositing rent into the court registry) (The Florida Legislature)
  3. 24 CFR 247.4 (termination notice in HUD-subsidized projects, 30 days for nonpayment) (eCFR (National Archives))
  4. RCW 59.18.410 (reinstatement after nonpayment; rental assistance pledges) (Washington State Legislature)
  5. Mass. General Laws chapter 239, section 15 (rental assistance continuance in nonpayment cases) (Massachusetts Legislature)
  6. Va. Code section 55.1-1250 (tenant's right of redemption) (Virginia General Assembly)
  7. CARES Act Eviction Notice Requirements: Background and Recent Developments (R48955, May 20, 2026) (Congressional Research Service)
  8. Residential Landlord-Tenant Law Benchbook section 5.3 (nonpayment claims; payment deadline) (Michigan Judicial Institute)
  9. Texas Property Code sections 24.0042 and 24.005 (notice periods and time computation) (Texas Legislature)
  10. Pennsylvania Landlord and Tenant Act of 1951, section 501 (notice to quit and lease exceptions) (Pennsylvania General Assembly)
  11. Landlord and Tenant Rights and Obligations (lease termination and payment defense) (North Carolina State Bar)
  12. 2026 Real Estate Law: Civil Code section 1946.3 (Social Security hardship eviction defense) (California Department of Real Estate)

Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.

Rules in your state

State law sets many of the limits and deadlines described above. These pages cite the statute for each state.

StateGuides
CaliforniaYour Right to Habitable Housing in California, Rent Payment Protections for California Tenants, Requesting Repairs in California Rentals, Understanding Your Lease Rights in California, California Eviction Protections for Tenants
New YorkUnderstanding Your Lease Rights in New York, New York Eviction Protections for Tenants
TexasRent Payment Protections for Texas Tenants, Understanding Your Lease Rights in Texas, Texas Eviction Protections for Tenants
FloridaRequesting Repairs in Florida Rentals, Florida Eviction Protections for Tenants
New JerseyYour Right to Habitable Housing in New Jersey, Rent Payment Protections for New Jersey Tenants, Understanding Your Lease Rights in New Jersey, New Jersey Eviction Protections for Tenants
IllinoisYour Right to Habitable Housing in Illinois, Requesting Repairs in Illinois Rentals, Illinois Eviction Protections for Tenants
MassachusettsYour Right to Habitable Housing in Massachusetts, Rent Payment Protections for Massachusetts Tenants, Massachusetts Eviction Protections for Tenants
PennsylvaniaRequesting Repairs in Pennsylvania Rentals, Understanding Your Lease Rights in Pennsylvania, Pennsylvania Eviction Protections for Tenants
WashingtonYour Right to Habitable Housing in Washington, Rent Payment Protections for Washington Tenants, Understanding Your Lease Rights in Washington, Washington Eviction Protections for Tenants
MarylandYour Right to Habitable Housing in Maryland, Requesting Repairs in Maryland Rentals, Maryland Eviction Protections for Tenants

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