90 Day Eviction Notice Template for the United States

A 90 Day Eviction Notice is a formal legal document that provides tenants with 90 days' notice to vacate rental property. Unlike shorter notice periods used for lease violations, this extended timeframe is typically required for no-fault evictions or in jurisdictions with strong tenant protection laws. You'll need to ensure your notice complies with both federal regulations and your specific state's landlord-tenant laws to make it legally enforceable.

When do you need this document?

You'll need a 90 Day Eviction Notice when terminating tenancies in subsidized housing programs, rent-controlled properties, or jurisdictions requiring extended notice periods. This notice is commonly used when you plan to sell the property, move in as an owner-occupant, or conduct substantial renovations that require vacant possession. Some states mandate 90-day notice periods for month-to-month tenancies, elderly tenants, or tenants with disabilities. You may also need this extended notice period if your property receives federal funding or participates in government housing programs subject to CARES Act provisions.

Key legal considerations

Your notice must clearly state the legal grounds for eviction and cannot be discriminatory under the Fair Housing Act. Include complete landlord and tenant information, property address, and specific vacation date calculated from the notice service date. The document should reference applicable state statutes and comply with local rent control ordinances if applicable. Avoid retaliatory evictions following tenant complaints about habitability issues or exercise of legal rights. Consider whether the CARES Act applies to your property, as federally-backed mortgages or federal housing programs may impose additional restrictions on evictions and require longer notice periods.

Legal requirements in United States

Federal law requires compliance with the Fair Housing Act, prohibiting discrimination based on race, color, religion, national origin, sex, familial status, or disability. The Americans with Disabilities Act mandates reasonable accommodations for tenants with disabilities throughout the eviction process. State laws vary significantly regarding notice periods, service methods, and permissible grounds for eviction. Many states require specific language, formatting, or translations for notices served on non-English speaking tenants. You must serve the notice according to your state's prescribed methods, which typically include personal service, posting on the premises, or certified mail. Document the service method and date carefully, as improper service can invalidate your notice and delay eviction proceedings. Some jurisdictions require registration with local rent control boards or housing authorities before serving eviction notices.