A tenant has stopped paying: the notice, the count and the court in your state

Greymill AcademyUS6 min readReviewed Oct 202647 primary sourcesUK version

The short answer

Nonpayment cases fail on the notice: the wrong number of days, the wrong delivery method, or a federal notice you did not know applied.

The takeaway. Check for a CARES Act 30-day notice first, serve your state's notice counted and delivered its way, and never use a lockout or shutoff to remove a tenant.

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Written for landlords, property managers and short-term rental hosts across the US, with state detail for California, Texas, New York and Florida.

The short version

  1. Check the loan before you serve anything.Federally backed mortgages and covered federal housing programs mean a CARES Act 30-day notice; in Texas it delays removal, not filing (As of Oct 2026).
  2. Serve your state's notice, counted its way.Check the number of days, whether weekends and holidays count, and the delivery methods allowed. Never borrow another state's rules.
  3. Let the court remove the tenant.No lockouts, utility shutoffs or removing belongings. Send your eviction attorney the lease, ledger, notices with proof of service, and photos.

When rent is late, the notice you serve decides whether the eviction case survives. The rules differ by state, by building and sometimes by the loan on it, and in California a defective notice means starting again.

Before you serve anything

  1. Check the loan.Properties with federally backed mortgages, or in a covered federal housing program, need a 30-day notice to vacate for nonpayment under the CARES Act, generally before filing; Texas instead holds back the writ (below). For example, outside Texas, a tenant owing $3,000 in a building with a Fannie Mae loan generally cannot be taken to court on a 3-day notice. As of Oct 2026.
  2. Get the amount right.In California the notice must state the exact rent owed, with no late fees added.
  3. Do not take partial rent.Never accept partial rent after a notice without counsel's advice, because in some states it can waive the notice.
  4. Prepare the file.Send eviction counsel the lease, the ledger, the notices with proof of service, and the inspection photos.

The notice in the four big states

The rule

California

A 3-day notice to pay rent or quit, counted excluding Saturdays, Sundays and court holidays. After it expires, the unlawful detainer is filed in superior court; the tenant has 10 court days to respond, and the sheriff enforces the writ of possession. As of Oct 2026.

CCP 1161(2); AB 2347

The rule

Texas

From January 1, 2026, where the only issue is nonpayment by a tenant who was not late with rent before the month of the notice, you serve a notice to pay rent or vacate: 3 days by default, though the lease may vary it. Deliver it by mail or delivery service, conspicuous placement inside, hand delivery to a tenant aged 16 or older, agreed electronic delivery or actual receipt, not by posting on the outside door. Where federal law, such as the CARES Act, requires a longer notice, a landlord who gives this notice need not delay filing, but the writ cannot be served until that federal period has run from this notice's delivery: 30 days under the CARES Act. Justice court hears the suit and the constable executes the writ. As of Oct 2026.

Property Code 24.005(a), (c-1), (f-3) and (f-4); 15 USC 9058(c)

The rule

New York

A 14-day written rent demand before a nonpayment case, and a written notice by certified mail if rent is not received within 5 days of the due date. An LLC or corporation must appear by an attorney. As of Oct 2026.

RPAPL 711(2); RPL 235-e(d); CPLR 321(a)

The rule

Florida

A 3-day notice to pay rent or deliver possession, excluding Saturdays, Sundays and legal holidays. The case is filed in county court; a tenant raising any defense other than payment must pay the rent alleged into the court registry, or you can seek an immediate default for possession. The sheriff executes the writ after 24 hours' notice. As of Oct 2026.

Florida Statutes 83.56(3) and 83.60(2)

In any other state, the notice periods and eviction steps are set by that state's statute and the city code. Never borrow California or New York rules, and never count a 3-day notice in calendar days where the state excludes weekends and holidays.

No self-help

Court process is required to evict in all four states. Do not use lockouts, utility shutoffs or removal of belongings to get a tenant out.

The rule

The narrow Texas exception

Texas allows a temporary lock change for rent delinquency only under the lease and notice conditions, with a new key available at any hour regardless of payment. It is not an eviction. As of Oct 2026.

Texas Property Code 92.0081

AvoidFor example, taping a 3-day notice to the outside door of a Houston unit with a Fannie Mae loan, and counting on removal as soon as the court rules.
Do this insteadDelivering the Texas notice by a method section 24.005 lists, and on covered property planning for no writ to be served until 30 days after that delivery.

Outside-door posting is not a listed Texas method, so it fails unless the tenant actually receives the notice, and in Texas the CARES Act's 30 days run from a valid delivery to service of the writ.

An LLC landlord usually needs an attorney in court, although Texas justice courts let an authorized agent appear. Have a state-licensed attorney check any notice that may be relied on in court before it is served.

Asked in Greymill

Example question and answer from Contracts & Disputes
You
Tenant in our 8-unit Houston building owes $1,800 in rent. Building has a Fannie Mae loan. I'm taping a 3-day notice to the outside of their front door today and filing next week. Good plan?
Contracts & Disputes
Stop. The outside door is not a Texas delivery method, and this loan means no removal until 30 days after a valid notice.

The door: Texas lists mail or a delivery service, hand delivery to a tenant aged 16 or older, conspicuous placement inside, or agreed electronic delivery (As of Oct 2026). Taping it outside is not on the list.

The loan: a Fannie Mae loan is a federally backed mortgage, so the CARES Act 30-day period applies. Texas lets you file once a valid notice expires, but the writ (the removal order) cannot be served until 30 days after that notice was delivered (As of Oct 2026).

Start the file now: lease, ledger, every notice with proof of service, inspection photos. Don't take partial rent after a notice without your attorney's advice.

Never: lock them out, cut utilities or remove their things. Eviction has to go through the court.

Happy to draft the notice and a ledger for your eviction attorney to check.

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Your question

I run a property management business in [state], in the US. A tenant in [city] owes [$] for [months]; rent is [$] due on the [day]. The building has [number] units and its mortgage is [lender or loan type, if known]. Tell me which notice to serve, how many days and how to count them, how to deliver it, whether the CARES Act 30-day notice applies, and draft the notice and a ledger for our eviction attorney to check.

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Sources

The primary sources behind this lesson, checked Oct 2026.

  1. Rule 61J2-14 (Hard cases: rent increases, deposits, late fees and screening)
  2. 15 U.S.C. 9058(c)(1); Property Code 24.005(c-1) (SB 38 s4) (Hard cases: rent increases, deposits, late fees and screening)
  3. Civ. Code 1941.1, 1942.1; RPL 235-b(2); Prop. Code 92.052, 92.006(e) and (f); Fla. Stat. 83.51(1), (2) (Landlord-tenant basics and statewide rent caps)
  4. Civ. Code 1942.5; Prop. Code 92.331; Fla. Stat. 83.64 (Landlord-tenant basics and statewide rent caps)
  5. 1947.12(a), (d) (Landlord-tenant basics and statewide rent caps)
  6. Rent Stabilization percentages for 2026 and 2027; ORS 90.323 notice, first-year and exemption rules (Landlord-tenant basics and statewide rent caps)
  7. Annual rent increase limit; RCW 59.18.700(1) formula and first-year bar; RCW 59.18.140 notice (Landlord-tenant basics and statewide rent caps)
  8. Texas Local Government Code section 214.902(a) and (b) (Landlord-tenant basics and statewide rent caps)
  9. 1946.2(a), (b), (d) (California: AB 1482, deposits and unlawful detainer)
  10. California Civil Code section 1950.5(c)(5)(A) to (C) (California: AB 1482, deposits and unlawful detainer)
  11. 1161(2), (3) (California: AB 1482, deposits and unlawful detainer)
  12. 827(b) (California: AB 1482, deposits and unlawful detainer)
  13. 1946.1(b), (c) (California: AB 1482, deposits and unlawful detainer)
  14. SB 38 (89R, signed) s4 amending Property Code 24.005(a) and adding (c-1); ss17, 18(a) (Texas: property code chapters 24 and 92)
  15. Texas Property Code section 24.005(a), (f-3) and (f-4) (Texas: property code chapters 24 and 92)
  16. TRCP 510 (Texas: property code chapters 24 and 92)
  17. 92.103, 92.104, 92.107, 92.108, 92.109 (Texas: property code chapters 24 and 92)
  18. Local Gov. Code 214.902 (Texas: property code chapters 24 and 92)
  19. 7-108(1-a) (New york: hstpa, good cause and new york city rules)
  20. 7-103(2-a) (New york: hstpa, good cause and new york city rules)
  21. 238-a(1), (2) (New york: hstpa, good cause and new york city rules)
  22. 711(2) (New york: hstpa, good cause and new york city rules)
  23. 235-e(d) (New york: hstpa, good cause and new york city rules)
  24. 226-c (New york: hstpa, good cause and new york city rules)
  25. 83.49(2), (3) (Florida: chapter 83 and state preemption)
  26. 83.56(2), (3); 83.57 (Florida: chapter 83 and state preemption)
  27. 83.60(2) (Florida: chapter 83 and state preemption)
  28. 83.62(1) (Florida: chapter 83 and state preemption)
  29. 83.51; 83.64 (Florida: chapter 83 and state preemption)
  30. 83.425; 83.491 (Florida: chapter 83 and state preemption)
  31. B&P 10131(b); Tex. Occ. Code 1101.002; RPL 440; Fla. Stat. 475.01 (Property management practice: licenses, trust accounts, agreements)
  32. 1101.005; 1101.806(b) (Property management practice: licenses, trust accounts, agreements)
  33. 10 CCR 2831.2 (Property management practice: licenses, trust accounts, agreements)
  34. 1770(a)(29) (Property management practice: licenses, trust accounts, agreements)
  35. 16 CFR 464.1 (Property management practice: licenses, trust accounts, agreements)
  36. 3604(a) to (c), (f) (Fair housing, screening and vouchers)
  37. 12955(a), (p) (Fair housing, screening and vouchers)
  38. 296(5)(a) (Fair housing, screening and vouchers)
  39. Local Gov. Code 250.007 (Fair housing, screening and vouchers)
  40. 24 CFR 100.204; HUD and DOJ Joint Statement on Reasonable Accommodations, questions 4 and 5 (Fair housing, screening and vouchers)
  41. FHEO and Office of Enforcement memo, September 17, 2025 (summaries: NAA, NLIHC, LeadingAge) (Fair housing, screening and vouchers)
  42. 42 USC 4852d; 24 CFR 35.88 (Federal, state or local, and who signs off)
  43. 15 USC 9058(c) (Federal, state or local, and who signs off)
  44. 42 USC 4013(c) (Federal, state or local, and who signs off)
  45. thresholds; IRC 6050W(e) as amended (Pitfalls that embarrass the product)
  46. IRS Notice 2026-11 sections 2.01, 2.02 and 3.03; IRC section 168(k) (Pitfalls that embarrass the product)
  47. www.fincen.gov (Pitfalls that embarrass the product)

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