Receiving an eviction notice can be a stressful and confusing experience. If you’ve been served one, you might wonder, “Do I have 30 days after an eviction notice to move out?” The answer depends on your state laws, the type of eviction notice you received, and the reason for the eviction. While some tenants do get 30 days or more, others may have as little as three to five days to vacate. Understanding your tenant rights and legal options can help you navigate this difficult situation. In this guide, we will break down what happens after an eviction notice, the types of notices you may receive, how long you can stay, and what to do if you need more time.
What Happens After You Get an Eviction Notice?
When you receive an eviction notice, it means your landlord is asking you to move out of the rental property. However, this does not mean you must leave immediately. An eviction is a legal process, and your landlord must follow certain steps before they can force you to leave.
Here’s what happens after you receive an eviction notice:
- You are given a deadline – The notice will state how many days you have to move out or fix the issue (like paying rent).
- If you don’t comply, the landlord can file an eviction lawsuit – If you don’t move out or correct the issue, the landlord may go to court and start a formal eviction process.
- You will receive a court date – If the landlord files a lawsuit, you’ll be notified about a court hearing where you can present your case.
- A judge makes the final decision – If the judge rules in favor of the landlord, they will issue an eviction order, and you’ll be given a specific number of days to leave.
- Law enforcement may remove you – If you still don’t leave, the sheriff or police can legally remove you from the property.
Do You Always Get 30 Days to Move Out?
No, you don’t always get 30 days after receiving an eviction notice. The amount of time you have depends on:
- Your state laws – Some states require 30- or 60-day notices, while others allow landlords to issue a 3-day or 7-day notice for serious violations.
- The reason for eviction – If you’re being evicted for non-payment of rent, you may get a shorter deadline compared to a no-fault eviction where the landlord wants to end the lease.
- The type of lease agreement – If you have a month-to-month lease, your landlord may need to give a 30-day notice before asking you to leave.
It’s important to check local eviction laws in your state to understand how much time you have.
Types of Eviction Notices You Might Get
Your eviction notice will fall into one of these categories:
Pay Rent or Quit Notice
This type of notice is given when you haven’t paid rent on time. It typically gives you 3 to 5 days to either pay the overdue rent or move out. If you fail to do either, your landlord can start the eviction process in court.
Cure or Quit Notice
A Cure or Quit Notice is used when a tenant violates the lease agreement in a way that can be fixed. Common lease violations include:
- Keeping unauthorized pets
- Causing excessive noise or disturbances
- Subletting without permission
In most states, tenants are given a few days to correct the issue (like removing the pet) before the landlord moves forward with an eviction.
Unconditional Quit Notice
This is the strictest eviction notice because it does not give you a chance to fix the problem. You are simply required to vacate the rental unit within a certain number of days. This type of notice is usually issued when:
- You’ve repeatedly violated the lease
- You’ve engaged in illegal activities on the property
- You’ve caused major damage to the rental unit
How Long Can You Stay After an Eviction Notice?
The amount of time you can stay after an eviction notice depends on your specific situation. If you receive a:
- 3-day or 5-day notice – You have only a few days to leave or fix the issue.
- 30-day or 60-day notice – You have more time to find a new place.
- Court-ordered eviction – If your landlord wins the eviction case, you might be given 7 to 14 more days before law enforcement forces you out.
If you need more time, there are ways to legally delay or extend the eviction process.
What Happens If You Don’t Leave After the Notice Period?
If you ignore the eviction notice and stay beyond the deadline, your landlord can:
- File an eviction lawsuit (unlawful detainer case) – The court will set a hearing date, and you must appear to defend yourself.
- Obtain a court order for eviction – If the judge rules against you, a legal eviction order will be issued.
- Law enforcement will remove you – If you still refuse to leave, a sheriff or marshal will come and physically remove you and your belongings from the property.
- You may face legal and financial consequences – An eviction can damage your credit score, make it harder to rent in the future, and even lead to wage garnishment if you owe rent.
How to Legally Extend Your Time After an Eviction Notice
If you need more time to move out, you may have a few legal options:
Talk to Your Landlord
Sometimes, landlords are willing to negotiate. If you explain your situation, they may give you extra time or allow you to stay longer in exchange for partial rent.
Fight the Eviction in Court
If you believe the eviction is unfair, you can challenge it in court. Some common defenses include:
- The landlord didn’t follow proper procedures
- The eviction was based on discrimination or retaliation
- The rental unit had unsafe living conditions (which violates landlord responsibilities)
Request an Extension from the Judge
If you lose the eviction case, you can ask the judge for more time. Some judges allow tenants extra days or weeks to move out, especially if you have nowhere else to go.
Thoughts: Know Your Rights & Take Action
If you’ve received an eviction notice, don’t panic. You may have more options than you think. Read your notice carefully, understand your legal rights, and take action as soon as possible. Whether it’s negotiating with your landlord, fighting the eviction in court, or requesting more time, knowing what to do can help you avoid losing your home too quickly.
The Bottom Line
- Not all tenants get 30 days after an eviction notice. Your deadline depends on the type of notice and state laws.
- If you ignore the notice, your landlord can take you to court and get a legal order for eviction.
- You can delay eviction by negotiating, challenging the eviction in court, or asking the judge for an extension.
- Always know your rights and seek legal help if needed.
Eviction can be stressful, but understanding your legal options can help you navigate the process and find a solution that works best for you.