If you don’t abide by the terms of the termination notice, it is then that your landlord can then begin an eviction lawsuit.
Every state requires landlords to follow certain procedures when terminating a tenancy, and state laws regarding the timing of and required content of termination notices—often called “quit” or “pay rent or quit” notices—vary greatly. You’ll need to check your state’s law on termination for nonpayment of rent for the specifics about:
When you receive a notice to pay rent or quit, read it carefully, and evaluate your options. Pay the rent if you can before the deadline, or contact your landlord to see if you can negotiate a payment plan or get an extension. If you’re able to come to an agreement, get it in writing.
If you receive an unconditional quit notice, or you know you can’t pay rent, try to move out before the deadline. Even if you move out, your landlord is still entitled to rent and late fees due. Your landlord might deduct what you owe from your security deposit, and, if the deposit isn’t enough, can sue you for the remaining amount. However, moving out voluntarily is preferable to being evicted, and your landlord might decide it’s not worth the effort to sue you. On the other hand, if your landlord is forced to evict you, you’ll not only have an eviction judgment against you, but also possibly a judgment for rent, late fees, attorneys’ fees, and court costs.
Your landlord can’t evict you—that is, physically throw you and your possessions out of the rental—without a court order. To secure a court order, your landlord must follow all termination and eviction lawsuit procedures, and demonstrate at trial that you’ve done something wrong (like not paying the rent) that justifies eviction. If you have a defense—a reason why you shouldn’t be evicted—you will be able to present it to the court.
For a discussion of eviction procedure, including time periods, negotiation strategies, and an overview of an eviction lawsuit, see Every Tenant’s Legal Guide (California residents, see California Tenants' Rights) and Every Landlord's Legal Guide.
]]>Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Statute or case: Ala. Code § 35-9A-421
Time tenant has to cure the violation or more before landlord can file for eviction: 7 business days.
Statute or case: Alaska Stat. §§ 09.45.090, 34.03.220
Time tenant has to cure the violation or more before landlord can file for eviction: 10 days for violations of agreement materially affecting health and safety. If the notice is because of the tenant's failure to pay utility bills that has resulted in a shut-off, the landlord can serve the tenant with a 5-day notice to quit. The tenant has 3 days from the date of the notice to reinstate service and reimburse landlord for any costs. If the tenant doesn't cure in those 3 days, they have the remaining 2 days of the 5-day notice to move out.
Statute or case: Ariz. Rev. Stat. § 33-1368
Time tenant has to cure the violation or more before landlord can file for eviction: 5 days for violations materially affecting health and safety; 10 days for other violations of the lease terms. If there's an additional act of noncompliance during the same lease term, the landlord can give a 10-day notice to quit (no chance to cure). If the violation is material, irreparable, and relates to health and safety (or is a criminal act), the landlord can give tenant a notice to quit immediately.
Statute or case: Ark. Stat. §§ 18-17-701, 18-17-702
Time tenant has to cure the violation or more before landlord can file for eviction: Tenant has 14 days to cure a remediable violation. If violation materially affects tenant's health and safety, tenant must remedy as promptly as conditions require in case of emergency (or within 14 days after written notice by the landlord if it is not an emergency); failure entitles landlord to terminate the tenancy.
Statute or case: Cal. Civ. Proc. Code § 1161(3)
Time tenant has to cure the violation or more before landlord can file for eviction: 3 days, excluding Saturdays, Sundays, and other judicial holidays.
Statute or case: Colo. Rev. Stat. §§ 13-40-104(1)(d.5)-(e), 13-40-107.5
Time tenant has to cure the violation or more before landlord can file for eviction: 10 days to cure a (non-substantial) lease violation, unless the property is leased under an “exempt residential agreement” (in which case it’s 5 days to cure). No opportunity to cure substantial lease violations, landlords must give 3 days’ notice to move.
Statute or case: Conn. Gen. Stat. § 47a-15
Time tenant has to cure the violation or more before landlord can file for eviction: 15 days; no right to cure for serious nuisance.
Statute or case: Del. Code tit. 25, § 5513(a)
Time tenant has to cure the violation or more before landlord can file for eviction: 7 days. If there's a repeat within one year, the landlord can file for eviction right away. If the breach is something that violates a law or threatens harm to person or property, there's no right to cure, and the landlord can file for eviction right away.
Statute or case: D.C. Code § 42-3505.01
Time tenant has to cure the violation or more before landlord can file for eviction: 30 days.
Statute or case: Fla. Stat. § 83.56(2)
Time tenant has to cure the violation or more before landlord can file for eviction: 7 days (no cure for certain substantial violations).
Statute or case: Ga. Code § 44-7-50
Time tenant has to cure the violation or more before landlord can file for eviction: Although statute doesn’t specifically mention lease violations as grounds for eviction, Georgia courts allow lease violation as a ground for an unconditional quit notice under the statute.
Statute or case: Haw. Rev. Stat. §§ 521-72, 666-3
Time tenant has to cure the violation or more before landlord can file for eviction: 10 days’ notice to cure, landlord must file for eviction within 30 days if the violation hasn't been cured by the deadline in the notice. For a nuisance, 24 hours to cease the nuisance. If the nuisance hasn't stopped within 24 hours, the landlord can terminate with a written 5-day notice.
Statute or case: Idaho Code § 6-303
Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.
Statute or case: 735 Ill. Comp. Stat. 5/9-210
Time tenant has to cure the violation or more before landlord can file for eviction: 10 days.
Statute or case: Ind. Code § 32-31-1-8
Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can terminate with an unconditional quit notice.
Statute or case: Iowa Code § 562A.27(1)
Time tenant has to cure the violation or more before landlord can file for eviction: 7 days.
Statute or case: Kan. Stat. § 58-2564(a)
Time tenant has to cure the violation or more before landlord can file for eviction: 14 days to cure and an additional 16 to vacate. If there's a repeat violation, no opportunity to cure and landlord can file eviction suit after 30 days' notice.
Statute or case: Ky. Rev. Stat. § 383.660(1)
Time tenant has to cure the violation or more before landlord can file for eviction: 15 days to cure. If there's a repeat violation within 6 months, the landlord can give an unconditional 14-day notice to quit.
Statute or case: La. Civ. Proc. art. 4701
Time tenant has to cure the violation or more before landlord can file for eviction: 5 days, no opportunity to cure necessary.
Statute or case: Me. Rev. Stat. tit. 14 § 6002
Time tenant has to cure the violation or more before landlord can file for eviction: 7 days.
Statute or case: Md. Code Real Prop., § 8-402.1
Time tenant has to cure the violation or more before landlord can file for eviction: 30 days unless breach poses clear and imminent danger, then 14 days (no cure).
Statute or case: Mass. Gen. Laws ch. 186, § 12
Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can terminate with 30 days' notice or one full rental period in advance of termination date, whichever is longer.
Statute or case: Mich. Comp. Laws § 600.5714
Time tenant has to cure the violation or more before landlord can file for eviction: For causing serious, continuous health hazards or damage to the premises: 7 days after receiving notice to restore or repair or quit (domestic violence victims excepted).
Statute or case: Minn. Stat. §§ 504B.171 (Subd. 2), 504B.285 (Subd. 4)
Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can immediately file for eviction.
Statute or case: Miss. Code § 89-8-13
Time tenant has to cure the violation or more before landlord can file for eviction: 14 days. If there’s a repeat violation within 6 months, no opportunity to cure is necessary.
Statute or case: Mo. Rev. Stat. § 441.040
Time tenant has to cure the violation or more before landlord can file for eviction: 10 days’ unconditional notice to quit.
Statute or case: Mont. Code § 70-24-422
Time tenant has to cure the violation or more before landlord can file for eviction: 14 days; 3 days if unauthorized pet or person on premises, or if the noncompliance is from verbal abuse of the landlord by a tenant.
Statute or case: Neb. Rev. Stat. § 76-1431
Time tenant has to cure the violation or more before landlord can file for eviction: 14 days to cure, 16 additional days to vacate if not cured within 14 days. If substantially the same violation recurs within 6 months, the landlord can terminate without opportunity to cure with 14 days’ notice.
Statute or case: Nev. Rev. Stat. § 40.2516
Time tenant has to cure the violation or more before landlord can file for eviction: 5 days.
Statute or case: N.H. Rev. Stat. §§ 540:2, 540:3
Time tenant has to cure the violation or more before landlord can file for eviction: 30 days; 7 days if there’s substantial damage to the premises by the tenant or tenant poses a risk to health or safety of other tenants or the landlord.
Statute or case: N.J. Stat. §§ 2A:18-53(c), 2A:18-61.1(e)(1)
Time tenant has to cure the violation or more before landlord can file for eviction: 3 days; lease must specify which violations will result in eviction. (Some courts have ruled that the tenant must be given an opportunity to cure the violation or condition any time up to the entry of judgment in favor of the landlord.)
Statute or case: N.M. Stat. § 4-8-33(A)
Time tenant has to cure the violation or more before landlord can file for eviction: 7 days.
Statute or case: N.Y. Real Prop. Acts Law §§ 711, 753(4) (NYC)
Time tenant has to cure the violation or more before landlord can file for eviction: Regulated units: 10 days or as set by applicable rent regulation. Nonregulated units: No statute. Lease sets applicable cure and/or termination notice periods. State-wide: When eviction is based on violation of lease, court must grant a 30-day stay of the eviction warrant to give tenant an opportunity to cure the breach.
Statute or case: No statute
Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can terminate with an unconditional quit notice if lease specifies termination for violation.
Statute or case: N.D. Cent. Code § 47-32-02
Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.
Statute or case: Ohio Rev. Code §§ 1923.02(A)(9) and 1923.04
Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.
Statute or case: Okla. Stat. tit. 41, § 132(A), (B)
Time tenant has to cure the violation or more before landlord can file for eviction: 10 days to cure, additional 5 days to vacate.
Statute or case: Or. Rev. Stat. §§ 90.392, 90.405
Time tenant has to cure the violation or more before landlord can file for eviction: 14 days to cure, additional 16 days to vacate; 10 days to remove an illegal pet.
Statute or case: 68 Pa. Con. Stat. § 250.501
Time tenant has to cure the violation or more before landlord can file for eviction: 15 days if the lease is for 1 year or less; 30 days if lease is for more than a year.
Statute or case: R.I. Gen. Laws § 34-18-36
Time tenant has to cure the violation or more before landlord can file for eviction: 20 days for material noncompliance.
Statute or case: S.C. Code § 27-40-710(A)
Time tenant has to cure the violation or more before landlord can file for eviction: 14 days.
Statute or case: S.D. Codified Laws §§ 21-16-1(7), 21-16-2
Time tenant has to cure the violation or more before landlord can file for eviction: In some situations, landlord must give tenant 3 days’ notice to quit (no opportunity to cure) before filing for eviction. Other situations require no notice.
Statute or case: Tenn. Code §66-28-505(a)(3)
Time tenant has to cure the violation or more before landlord can file for eviction: 14 days.
Statute or case: Tex. Prop. Code § 24.005
Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.
Statute or case: Utah Code §78B-6-802
Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.
Statute or case: Vt. Stat. tit. 9 § 4467(b)(1)
Time tenant has to cure the violation or more before landlord can file for eviction: 30 days; 14 days for criminal activity, drug activity, or acts of violence.
Statute or case: Va. Code § 55.1-1245
Time tenant has to cure the violation or more before landlord can file for eviction: 21 days to cure, additional 9 to quit; 30 if violation can’t be cured.
Statute or case: Wash. Rev. Code §§ 59.12.030(4), 59.18.650
Time tenant has to cure the violation or more before landlord can file for eviction: 10 days; 3 days if tenant commits or permits waste or nuisance, engages in unlawful activity, or other substantial or repeated and unreasonable interference with the use and enjoyment of the premises by the landlord or neighbors.
Statute or case: W. Va. Code § 55-3A-1
Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can immediately file for eviction; no notice is required.
Statute or case: Wis. Stat. § 704.17
Time tenant has to cure the violation or more before landlord can file for eviction: 5 days, no opportunity to cure for public housing tenants who have committed drug-related violations. If it’s a repeat violation, 14 days with no opportunity to cure.
Statute or case: Wyo. Stat. §§ 1-21-1002, 1-21-1003
Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.
Updated: December 20, 2023
]]>An unconditional termination notice orders the tenant to move out within a short period of time or (in some cases) immediately. All states allow landlords to use unconditional quit notices when a tenant has repeatedly violated a lease clause, has substantially damaged the rental unit, is dealing drugs, or for other specified reasons. Here are state rules on when a landlord can use an unconditional quit termination notice and how much time the landlord must give the tenant to vacate the rental unit before the landlord can file an eviction lawsuit. As noted, the amount of time might differ depending on the circumstances. For additional details, see your state statute. (The citation is provided here, and you can visit the Library of Congress's legal research site for links to state statutes).
The following termination rules might be tempered in domestic violence situations, depending on state law.
State Laws on Unconditional Quit Terminations |
|||
State |
Statute |
Time to Move Out Before Landlord Can File For Eviction |
When Unconditional Quit Notice Can Be Used |
Alabama |
Ala. Code § 35-9A-421 |
7 business days |
Intentional misrepresentation of a material fact in a rental application or rental agreement; possession or use of illegal drugs in the rental |
Alaska
|
Alaska Stat. § 34.03.220(a)(1)(2) |
5 days |
Tenant repeats a violation of the lease or other violation of law within 6 months. |
Alaska Stat. §§ 09.45.090(a)(2)(G), 34.03.310(c)(3) |
5 days |
Tenant is committing waste or nuisance, is using the rental for an illegal purpose, or is using the rental for purposes other than living or dwelling (in violation of the lease or rental agreement). |
|
Alaska Stat. §§ 09.45.090(a)(2)(G), 34.03.120(b), 34.03.220(a)(1), and 34.03.310(c)(3) |
24 hours to 5 days |
Tenant or guest intentionally inflicts “substantial damage” (damage greater than $400) to the premises; or engages in prostitution, an illegal activity involving a place of prostitution, an illegal activity involving alcoholic beverages, an illegal activity involving gambling or promoting gambling, an illegal activity involving a controlled substance, or an illegal activity involving an imitation controlled substance, or knowingly permit others in the premises to engage in one or more of those activities at the rental premises. |
|
Alaska Stat. § 34.03.220(e) |
3 days |
Failure to pay utility bills that resulted in service termination twice within 6 months. |
|
Alaska Stat. § 34.03.300(a) |
10 days |
Refusal to allow the landlord to enter. |
|
Arizona |
Ariz. Rev. Stat. § 33-1368 |
10 days |
Material misrepresentation of criminal record, current criminal activity, or prior eviction record; additional act of noncompliance of same or similar nature after a previous remedy of noncompliance. |
Immediately |
Discharging a weapon; homicide, prostitution, criminal street gang activity; use or sale of illegal drugs, assaults, acts constituting a nuisance or breach of the rental agreement that threaten harm to others. |
||
Arkansas |
Ark. Code §§ 81-17-701, 18-16-101 |
5 days |
Noncompliance by the tenant with the rental agreement when the violation is not remediable; using (or allowing another person to use) the premises in a way constituting a common nuisance, or permitting/conducting specified criminal offenses; rent unpaid within five days of rent due date. If rent is unpaid within ten days of due date, tenant may be charged with a misdemeanor (fine only). |
California |
Cal. Civ. Proc. Code § 1161(4) |
3 days |
Assigning or subletting without permission, committing waste or a nuisance, illegal activity on the premises. |
Colorado |
Colo. Rev. Stat. §§ 13-40-104(1)(d.5), (1)(e.5), (5)(b); 13-40-107.5 |
3 days for substantial violations. (Colo. Rev. Stat. § 13-40-107.5.) |
When tenant has substantially violated lease clause. (Colo. Rev. Stat. §§ 13-40-104 (1)(d.5), 13-40-107.5.) |
Connecticut |
Conn. Gen. Stat. §§ 47a-23, 47a-23b, 47a-15a |
3 days (or 10 days if the tenant is not a resident of the state) |
Nonpayment of rent, serious nuisance, violation of the rental agreement, same violation within 6 months relating to health and safety or materially affecting physical premises, rental agreement has terminated (by lapse of time, stipulation, violation of lease, nonpayment of rent after grace period, serious nuisance, occupancy by someone who never had the right to occupy), when summary eviction is justified (refusal to a fair and equitable increase, intent of the landlord to use as a principal residence, removal of the unit from the housing market), domestic or farm worker who does not vacate upon cessation of employment and tenancy. |
Conn. Gen. Stat. § 47a-31 |
Immediately |
Conviction for prostitution or gambling that occurred at the rental. |
|
Delaware |
Del. Code tit. 25, § 5513(a) |
7 days |
Violation of a lease provision that also constitutes a violation of municipal, county, or state code or statute; or a violation of a material lease provision repeated within 12 months of a substantially similar previous violation. |
Del. Code tit. 25, § 5513(b) |
Immediately |
Violation of law or breach of the rental agreement that causes or threatens to cause irreparable harm to the landlord's property or to other tenants. |
|
District of Columbia |
D.C. Code § 42-3505.01(c) |
30 days |
Court determination that an illegal act was performed within the rental unit. |
Florida |
Fla. Stat. § 83.56(2)(a) |
7 days |
Intentional destruction of the rental property or other tenants’ property or unreasonable disturbances; for destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance (after written warning within previous 12 months); a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation. |
Georgia |
Ga. Code §§ 44-7-50, 44-7-52 |
Immediately |
Nonpayment of rent more than once within 12 months; holding over. |
Hawaii |
Haw. Rev. Stat. §§ 521-69, 521-71, 521-72 |
Immediately |
Tenant fails to use the property according to law and the failure causes or threatens to cause damage to any person, certain property, or constitutes a violation of certain codes; tenant fails to maintain unit according to law, and the failure causes or threatens to cause irremediable damage to any person or property. When tenant continues in possession after the agreed date of termination without the landlord's consent, the landlord can give unconditional notice to quit immediately within the first 60 days of holdover. |
Haw. Rev. Stat. § 666-3 |
5 days |
Second failure to abate a nuisance within 24 hours of receiving notice. |
|
Idaho |
Idaho Code § 6-303 |
Immediately |
Using, delivering, or producing a controlled substance on the property at any time during the lease term. |
3 days |
Assigning or subletting without the consent of the landlord or causing serious damage to the property. |
||
Illinois |
735 Ill. Comp. Stat. § 5/9-210 |
10 days |
Failure to abide by any term of the lease. |
740 Ill. Comp. Stat. § 40/11 |
5 days |
Unlawful use or sale of any controlled substance. |
|
Indiana |
Ind. Code § 32-31-1-8 |
Immediately |
Tenants with lease: holding over. Tenants without lease: committing waste. |
Iowa |
Iowa Code § 562A.27 |
7 days |
Repeating same violation of lease within 6 months that affects health and safety. |
Iowa Code § 562A.27A |
3 days |
Creating a clear and present danger to the health or safety of the landlord, tenants, or neighbors within 1,000 feet of the property boundaries. |
|
Kansas |
Kan. Stat. § 58-2564(a) |
30 days |
Second similar material violation of the lease after first violation was corrected. |
Kentucky |
Ky. Rev. Stat. § 383.660(1) |
14 days |
Repeating the same material violation of the lease within 6 months of being given a first cure or quit notice. |
Louisiana |
La. Civ. Code Art. 2686; La. Code Civ. Proc. art. 4701 |
5 days |
Failure to pay rent, using dwelling for purpose other than the intended purpose (lease may specify shorter or longer notice, or eliminate requirement of notice), or upon termination of the lease for any reason. |
Maine |
Me. Rev. Stat. tit. 14, §§ 6001, 6002, 6025 |
7 days |
Holdover tenants if notice is served within 7 days of the end of the original term; substantial and unrepaired damage to the premises; causing, permitting, or maintaining a nuisance; tenant is a perpetrator of domestic violence, sexual assault, or stalking and the victim is also a tenant; tenant or tenants guest is a perpetrator of violence, a threat of violence, or sexual assault against certain others; the person occupying the premises is not an authorized occupant of the premises. Landlord can also terminate when a tenant changes the lock and refuses to provide landlord with a duplicate key. |
Maryland |
Md. Code Real Prop., § 8-402.1(a) |
14 days |
Breaching lease by behaving in a manner that presents a clear and imminent danger to the tenant himself, other tenants, guests, the landlord, or the landlord’s property, lease provides for termination for violation of lease clause, and landlord has given 14 days’ notice. |
Md. Code Real Prop., § 8-401 |
10 days |
When tenant hasn't paid rent and has had 3 judgments of possession entered for rent due and unpaid in the 12 months prior. |
|
Massachusetts |
Mass. Gen. Laws ch. 186, § 12 |
14 days |
Tenant at will receiving second notice to pay rent or quit within 12 months. |
Michigan |
Mich. Comp. Laws § 600.5714(d) and (e) |
7 days |
Failure to pay rent, causing or threatening physical injury to an individual (landlord must have filed a police report). |
Mich. Comp. Laws § 554.134 |
24 hours |
Manufacture, dealing, or possession of illegal drugs on leased premises (landlord must first file a police report). |
|
Minnesota |
Minn. Stat. §§ 504B.135, 504B.321(1a) |
14 days for termination based on unpaid rent or other monetary obligation. For other terminations, the notice period must be at least as long as the interval between when rent is due or three months, whichever is less. |
Tenant at will who fails to pay rent or other monetary obligation when due |
Mississippi |
Miss. Code § 89-8-13 |
14 days |
Repeating the same act—which constituted a lease violation and for which notice was given—within 6 months; nonremediable violation of lease or obligations imposed by statute. |
Missouri |
Mo. Rev. Stat. §§ 441.020, 441.030, 441.040 |
10 days |
Using the premises for gambling, prostitution, or possession, sale, or distribution of controlled substances; assigning or subletting without consent; seriously damaging the premises or violating the lease. |
Montana |
Mont. Code § 70-24-422(1)(e) |
5 days |
Repeating the same act (that constituted a lease violation and for which notice was given) within 6 months. |
Mont. Code § 70-24-422 |
3 days |
Unauthorized pet or person living on premises; destroying or removing any part of the premises; creating a reasonable potential that the premises may be damaged or destroyed, or that neighboring tenants might be injured, due to tenant’s drug, or gang-related, or other illegal activity. |
|
Mont. Code § 70-24-422(1)(d) |
14 days |
Any other noncompliance with rental agreement that can’t be remedied or repaired. |
|
Nebraska |
Neb. Rev. Stat. § 76-1431(1) |
14 days |
Repeating the same act (that constituted a lease violation and for which notice was given) within 6 months. |
Neb. Rev. Stat. § 76-1431(4) |
5 days |
When tenant or guest engages in violent criminal activity or sells a controlled substance on the premises, or acts in a way that threatens the health or safety of other tenants, landlord, landlord's employees or agents. |
|
Nevada |
Nev. Rev. Stat. § 40.2514 |
3 days |
Assigning or subletting in violation of the lease; substantial damage to the property; conducting an unlawful business; permitting or creating a nuisance; causing injury and damage to other tenants or occupants of the property or adjacent buildings or structures; unlawful possession for sale, manufacture, or distribution of illegal drugs. |
Nev. Rev. Stat. § 40.2516 |
Immediately |
Violation of lease term that can’t be cured. |
|
New Hampshire |
N.H. Rev. Stat. § 540:1-a |
Different rules apply depending on whether the property is “restricted” (most residential property) or “nonrestricted” (single-family houses, if the owner of such a house does not own more than 3 single-family houses at any one time; rental units in an owner-occupied building containing a total of 4 dwelling units or fewer; and single-family houses acquired by banks or other mortgagees through foreclosure). |
|
N.H. Rev. Stat. §§ 540:2, 540:3 |
7 days |
Restricted property: Neglect or refusal to pay rent due and in arrears, upon demand; substantial damage to the premises; failure to comply with a material term of the lease; behavior of the tenant or members of tenant’s family that adversely affects the health or safety of the other tenants or the landlord or landlord’s representatives; failure of the tenant to accept suitable temporary relocation required by lead-based paint hazard abatement; other good cause. Nonrestricted: Neglect or refusal to pay rent due and in arrears, upon demand; substantial damage to the premises; behavior of the tenant or members of tenant’s family that adversely affects the health or safety of the other tenants or the landlord or landlord’s representatives; failure of the tenant to accept suitable temporary relocation required by lead-based paint hazard abatement; failure to prepare unit for insect (including bed bug) remediation. |
|
30 days |
Nonrestricted only: For any legal reason other than those specified just above (for which 7 days’ notice is required). |
||
New Jersey |
N.J. Stat. §§ 2A:18-53(c), 2A:18-61.2(a), 2A:19-61.1 |
3 days |
Disorderly conduct; willful or grossly negligent destruction of landlord’s property; assaults upon or threats against the landlord; termination of tenant’s employment as a building manager, janitor, or other employee of the landlord; conviction for use, possession, or manufacture of an illegal drug either on the property or adjacent to it within the last two years, unless the tenant has entered a rehabilitation program (includes harboring anyone so convicted); conviction or civil liability for assault or terroristic threats against the landlord, landlord’s family, or landlord’s employee within the last two years (includes harboring); liability in a civil action for theft from landlord, landlord’s family, landlord’s employee, or another tenant; committing or harboring human trafficking. |
N.J. Stat. §§ 2A:18-61.2(b), 2A:18-61.1 |
One month |
Habitual failure to pay rent after written notice; continued violations, despite repeated warnings, of the landlord’s reasonable rules and regulations; at the termination of a lease, refusal to accept reasonable changes of substance in the terms and conditions of the lease, including specifically any change in the term thereof. |
|
New Mexico |
N.M. Stat. § 47-8-33(I) |
3 days |
Substantial violation of the lease. |
N.M. Stat. § 47-8-33(B) & (C) |
7 days |
Repeated violation of a term of the rental agreement within 6 months. |
|
New York |
N.Y. Real Prop. Acts. § 711 |
Immediately |
When there is a landlord-tenant relationship, the landlord can begin a special proceeding to remove the tenant when tenant: Holds over after the lease has expired; has a lease for a term of three years or less and has (during the tenancy) taken the benefit of an insolvency statute or been declared bankrupt; or uses the rental as a “bawdy-house," for prostitution, or other illegal business. |
North Carolina |
N.C. Gen. Stat. § 42-26(a) |
Immediately |
Violation of a lease term that specifies that eviction will result from noncompliance or holdover of tenancy. |
North Dakota |
N.D. Cent. Code § 47-32-01 |
no notice required |
Entering by force, intimidation, fraud, or stealth; committing acts of force, threats, or menacing conduct; retaining possession by menacing and threats of violence; unreasonably disturbing other tenants' peaceful enjoyment of the premises. |
N.D. Cent. Code §§ 47-32-02 and 47-32-01 |
3 days |
Holding over after the lease has expired; failing to pay rent for three days after it's due; holding over after a sale or any judicial process ending the tenancy; violating a material term of the lease. |
|
N.D. Cent. Code § 47-16-07.6 |
no notice required |
Making a false claim of a legal disability, in an attempt to obtain an accommodation (waiver of landlord's no pets rule); or knowingly providing fraudulent documentation in connection with such a claim. Each violation is an infraction and entitles the landlord to evict and demand a damage fee of up to $1,000. |
|
Ohio |
Ohio Rev. Code §§ 1923.02 to 1923.04, 5321.17 |
3 days |
Nonpayment of rent; violation of a written lease or rental agreement; when the landlord has “reasonable cause to believe” that the tenant has used, sold, or manufactured an illegal drug on the premises (conviction or arrest not required). |
Oklahoma |
Okla. Stat. tit. 41, § 132 |
Immediately |
Criminal or drug-related activity or repeated violation of the lease. |
Oregon |
Ore. Rev. Stat. §§ 90.396, 90.398, 90.403 |
24 hours |
Violence or threats of violence by tenant or a guest; intentionally causing substantial property damage; giving false information on an application within the past year regarding a criminal conviction (landlord must terminate within 30 days of discovering the falsity); committing any act "outrageous in the extreme" (see statute); intentionally or recklessly injuring someone (or placing them in fear of imminent danger) because of the tenant's perception of the person's race, color, religion, national origin, or sexual orientation; second failure to remove a pet that has caused substantial damage; a repeat within six months of a prior drug or alcohol violation of which notice was given. |
Pennsylvania |
68 Pa. Cons. Stat., § 250.501(b) and (d) |
10 days |
Nonpayment of rent. |
15 days (lease 1 year or less or lease of unspecified time) |
Violations of the terms of the lease. |
||
30 days (lease more than 1 year) |
Violations of the terms of the lease. |
||
68 Pa. Cons. Stat., § 250.505-A |
10 days (any tenancy) |
First conviction for illegal sale, manufacture, or distribution of an illegal drug; repeated use of an illegal drug; seizure by law enforcement of an illegal drug within the leased premises. |
|
Rhode Island |
R.I. Gen. Laws § 34-18-36(e) |
20 days |
Repeating an act that violates the lease or rental agreement or affects health or safety twice within 6 months (notice must have been given for the first violation). |
R.I. Gen. Laws §§ 34-18-24, 34-18-36(f) |
Immediately |
Any tenant who possesses, uses, or sells illegal drugs or who commits or attempts to commit any crime of violence on the premises or in any public space adjacent; “Seasonal tenant” whose lease runs from May 1 to October 15 or from September 1 to June 1 of the next year, with no right of extension or renewal, who has been charged with violating a local occupancy ordinance, making excessive noise, or disturbing the peace. |
|
South Carolina |
S.C. Code § 27-40-710 |
Immediately |
Nonpayment of rent after receiving one notification during the tenancy or allowing illegal activities on the property. |
South Dakota |
S.D. Codified Laws §§ 21-16-1, 21-16-2 |
3 days |
Nonpayment of rent, substantial damage to the property, or holdover. |
Tennessee |
Tenn. Code §§ 66-28-406, 66-28-505, 66-28-517 (applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census) |
3 days // 14 days // 7 days // immediately |
3 days when tenant or guest willfully or intentionally commits a violent act, threatens health, safety, or welfare or life or property of others on premises, or is an unauthorized subtenant or occupant who refuses to leave. (Tenn. Code § 66-28-517) // 14 days when tenant materially violates the lease or rental agreement or engages in acts that materially affect health and safety, and the action is not remediable. (Tenn. Code § 66-28-505(a)(3)) // 7 days when tenant repeats within six months a violation of being late with rent or damaging property. (Tenn. Code § 66-28-505(a)(2)(B)) // Immediately when tenant misrepresents a disability or disability-related need for the use of a service or support animal or provides false documentation stating that an animal is a service or support animal. (Tenn. Code §§ 66-28-505(f) and 66-28-406(f)) |
Tenn. Code §§ 66-7-109, 66-7-111 (applies only in counties of less than 75,000 residents, according to the 2010 federal census) |
14 days // 14 days // 30 days // 3 days // 3 days // immediately |
14 days when tenant willfully or intentionally commits a violent act or threatens health, safety, or welfare of property or people; but if the tenant is in a housing authority or is not mentally or physically disabled, the landlord can give only 3 days' notice. (Tenn. Code § 66-7-109(a)(1) and (d)) // 14 days if repeats within six months a violation of being late with rent or damaging property. (Tenn. Code § 66-7-109(a)(2)) // 30 days when tenant violates lease agreement in another way. (Tenn. Code § 66-7-109(b)) // 3 days when tenant engages in any drug-related criminal activity. (Tenn. Code § 66-7-109(d)(2)) // 3 days when the landlord seeks to remove an unauthorized subtenant or occupant. (Tenn. Code § 66-7-109(f)) // Immediately when tenant misrepresents a disability or disability-related need for the use of a service or support animal or provides false documentation stating that an animal is a service or support animal. (Tenn. Code § 66-7-111) |
|
Texas |
Tex. Prop. Code § 24.005 |
3 days (lease may specify a shorter or longer time) |
Nonpayment of rent or holdover. |
Utah |
Utah Code § 78B-6-802 |
3 days |
Holdover, assigning or subletting without permission, substantial damage to the property, carrying on an unlawful business on the premises, maintaining a nuisance, committing a criminal act on the premises. |
Vermont |
Vt. Stat. tit. 9, § 4467 |
30 days (for material breach of lease or rental agreement) // 14 days (for criminal activity, illegal drug activity, or acts of violence) |
Violation of a material term of the lease; failure to comply with state's landlord-tenant law. // 14 days' notice applies for termination based on criminal activity, illegal drug activity, or acts of violence which threaten the health or safety of other residents. |
Virginia |
Va. Code § 55.1-1245 |
30 days |
30 day unconditional quit notice used when: (a) tenant commits an unremediable breach; or (b) tenant repeats a violation of lease (after earlier violation was cured and tenant intentionally commits another breach similar to the first). |
Immediately |
When tenant breaches the lease or rental agreement by committing a willful or criminal act that is a threat to the health or safety of others. |
||
Washington |
Wash. Rev. Code §§ 59.12.030, 59.18.650 |
3 days |
Holdover, serious damage to the property, carrying on an unlawful business, maintaining a nuisance, or gang-related activity. |
West Virginia |
W.Va. Code § 55-3A-1 |
Immediately |
Failure to pay rent, violation of any lease provision, or damage to the property. |
Wisconsin |
Wis. Stat. § 704.17 |
14 days (month-to- month tenants) |
Failing to pay rent, violating the rental agreement, or causing substantial damage to the property. |
14 days (tenants with a lease of less than one year, or year-to- year tenants) |
Failing to pay the rent on time, causing substantial property damage, or violating any lease provision more than once within one year (must have received proper notice for the first violation). |
||
5 days (all tenants) |
Causing a nuisance on the property (landlord must have written notice from a law enforcement agency regarding the nuisance). |
||
Wyoming |
Wyo. Stat. §§ 1-21-1002, 1003 |
3 days |
Nonpayment of rent, holdover, damage to premises, interference with another’s enjoyment, denying access to landlord, or violating duties defined by statute (such as maintaining unit, complying with lease, disposing of garbage, etc.). |
Updated: December 19, 2023
]]>Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Ala. Code § 35-9A-421
Time tenant has to pay rent or move before landlord can file for eviction: 7 business days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Alaska Stat. §§ 09.45.090, 34.03.220
Time tenant has to pay rent or move before landlord can file for eviction: 7 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Ariz. Rev. Stat. § 33-1368
Time tenant has to pay rent or move before landlord can file for eviction: 5 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Ark. Code §§ 18-16-701, 18-17-101, 18-60-304
Time tenant has to pay rent or move before landlord can file for eviction: 3 days if landlord is filing a civil eviction ("unlawful detainer"); 10 days if landlord is filing a criminal eviction ("failure to vacate") under Ark. Code § 18-16-101. (Arkansas uses unconditional quit notices, meaning that tenant does not have the opportunity to pay rent owed. Tenants who are evicted under the criminal failure to vacate statute are guilty of a misdemeanor and can be fined no more than $25 for each day the tenant remains in the rental after the notice has expired.)
Legal late period: How long must landlord wait before giving notice to pay rent or quit? 5 days
Cal. Civ. Proc. Code § 1161(2)
Time tenant has to pay rent or move before landlord can file for eviction: 3 days, excluding Saturdays, Sundays, and other judicial holidays
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Colo. Rev. Stat. §§ 13-40-104(1)(d), (5)(b)
Time tenant has to pay rent or move before landlord can file for eviction: 10 days, 5 for single-family houses being rented under an “exempt residential agreement.” (Landlords who own 5 or fewer single-family rental homes may state in the lease or rental agreement for a single-family home that only 5 days’ notice to pay rent or quit is required.)
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Conn. Gen. Stat. §§ 47a-23, 47a-15a
Time tenant has to pay rent or move before landlord can file for eviction: 9 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? Unconditional quit notice can’t be delivered until the rent is 9 days late.
Del. Code tit. 25, §§ 5501(d), 5502
Time tenant has to pay rent or move before landlord can file for eviction: 5 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? If rental agreement provides for a late charge, but landlord doesn’t maintain an office in the county in which the rental unit is located, due date for the rent is extended 3 days; after that, the landlord can serve a 5-day notice.
D.C. Code § 42-3505.01
Time tenant has to pay rent or move before landlord can file for eviction: At least 30 days before filing, the landlord must provide the tenant with written notice of the intent to file for eviction. The landlord can't provide this notice unless the tenant has failed to pay $600 or more of rent. A tenant might be able to further prevent an eviction and obtain funds to pay the rent by filing an Emergency Rental Assistance Program application. (Before filing a complaint for nonpayment of rent, landlord must send the tenant a notice of past due rent that contains language specified by D.C. Code § 42-3505.01(a-1)(2).)
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Fla. Stat. § 83.56(3)
Time tenant has to pay rent or move before landlord can file for eviction: 3 days, excluding Saturdays, Sundays, and legal holidays
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Ga. Code §§ 44-7-50, 44-7-52
Time tenant has to pay rent or move before landlord can file for eviction: Landlord can demand the rent as soon as it is due and, if not paid, can file for eviction. Tenant then has 7 days to pay to avoid eviction.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Haw. Rev. Stat. § 521-68
Time tenant has to pay rent or move before landlord can file for eviction: 5 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Idaho Code § 6-303(2)
Time tenant has to pay rent or move before landlord can file for eviction: 3 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
735 Ill. Comp. Stat. § 5/9-209
Time tenant has to pay rent or move before landlord can file for eviction: 5 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Ind. Code § 32-31-1-6
Time tenant has to pay rent or move before landlord can file for eviction: 10 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Iowa Code § 562A.27(2)
Time tenant has to pay rent or move before landlord can file for eviction: 3 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Kan. Stat. § 58-2564(b)
Time tenant has to pay rent or move before landlord can file for eviction: 3 days (if notice is delivered by mailing, add 2 days from date of mailing)
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Ky. Rev. Stat. § 383.660(2)
Time tenant has to pay rent or move before landlord can file for eviction: 7 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
La. Civ. Proc. Code art. 4701
Time tenant has to pay rent or move before landlord can file for eviction: Landlord can terminate with an unconditional quit notice.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Me. Rev. Stat. tit. 14, § 6002
Time tenant has to pay rent or move before landlord can file for eviction: 7 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? Notice can’t be delivered until the rent is 7 days late, and landlord must tell tenant that tenant can contest the termination in court (failure to give this notice prohibits entry of a default judgment).
Md. Code Real Prop., § 8-401
Time tenant has to pay rent or move before landlord can file for eviction: 10 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Mass. Gen. Laws ch. 186, §§ 11, 11A, 12
Time tenant has to pay rent or move before landlord can file for eviction: Tenants with rental agreements or leases: Whatever amount of time is specified in agreement or lease, but if not addressed in the agreement, 14 days’ notice in writing (but tenant can avoid by paying rent and costs on or before day the answer is due). Holdover tenants (tenants at sufferance): No specific time for notice to quit, but landlord must give them a reasonable period of time to remove themselves and property from the premises. (For tenants at will who haven’t received notices in the preceding 12 months, 10 days to pay, 4 more to quit (unless notice is insufficient, then 14 days to pay).)
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Mich. Comp. Laws § 554.134(2)
Time tenant has to pay rent or move before landlord can file for eviction: Landlord may terminate immediately with 7-day notice.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Minn. Stat. §§ 504B.321, 504B.291
Time tenant has to pay rent or move before landlord can file for eviction: 14 days' notice or 30 days' notice for leases with a term of more than 20 years.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Miss. Code § 89-8-13
Time tenant has to pay rent or move before landlord can file for eviction: 3 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Mo. Rev. Stat § 535.010
Time tenant has to pay rent or move before landlord can file for eviction: Landlord can terminate with an unconditional quit notice
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Mont. Code § 70-24-422(2)
Time tenant has to pay rent or move before landlord can file for eviction: 3 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Neb. Rev. Stat. § 76-1431(2)
Time tenant has to pay rent or move before landlord can file for eviction: 7 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Nev. Rev. Stat. §§ 40.2512, 40.253
Time tenant has to pay rent or move before landlord can file for eviction: 7 days. Under Nevada’s “summary eviction” procedures, after a landlord serves the tenant with a notice to pay rent or quit, the tenant must go to court within 7 days of notice to contest the notice. If the tenant doesn’t, the landlord can file a complaint for eviction in court and get an order for law enforcement to remove the tenant within 24-36 hours of the order.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
N.H. Rev. Stat. §§ 540.2, 540.3, 540.9
Time tenant has to pay rent or move before landlord can file for eviction: 7 days. If the tenant pays all rent due, all other lawful charges contained in the lease, $15 liquidated damages, and any filing fee and service charges the landlord incurs, the court will dismiss the eviction action if the landlord files a receipt of the payments to the court before the scheduled hearing date. If the tenant pays but the landlord doesn’t submit a receipt, the hearing on the action will happen, but if the tenant proves payment in full the court will dismiss the case. A tenant can have the eviction dismissed in this manner no more than 3 times in a 12-month period.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
N.J. Stat. §§ 2A:18-53, 2A:18-61.1, 2A:18-61.2, 2A:42-9
Time tenant has to pay rent or move before landlord can file for eviction: Landlord can terminate with an unconditional quit notice. When tenants fail to pay rent or pay a valid rent increase, landlords can immediately file for eviction. Following the posting of a warrant for removal or a lockout, tenants have 3 days to pay all rent due, which will result in the court dismissing the case. If, after 4 or more days, tenants pay all rent plus the landlord’s costs, the court will also dismiss the case. In limited situations, landlords may evict a tenant who is “habitually late” with the rent with 1 month’s notice, with no opportunity for the tenant to cure the default.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
N.M. Stat. § 47-8-33(D)
Time tenant has to pay rent or move before landlord can file for eviction: 3 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
N.Y. Real Prop. Law § 235-e(d); N.Y. Real Prop. Acts. Law § 711(2)
Time tenant has to pay rent or move before landlord can file for eviction: 14 days. If tenant offers landlord full amount of past due rent at any time before the eviction hearing, landlord must accept it and the eviction proceeding will not take place.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? Landlords must send written notice (via certified mail) to tenants who are 5 days late paying rent. Failure to provide this written notice of nonpayment of rent can be used by tenant as a defense to an eviction suit.
N.C. Gen Stat. § 42-3
Time tenant has to pay rent or move before landlord can file for eviction: 10 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
N.D. Cent. Code § 47-32-01
Time tenant has to pay rent or move before landlord can file for eviction: Landlord can file for eviction when rent is 3 days overdue, and can terminate with an unconditional quit notice.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Ohio Rev. Code § 1923.02(A)(9)
Time tenant has to pay rent or move before landlord can file for eviction: Landlord can terminate with an unconditional quit notice
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Okla. Stat. tit. 41, § 131
Time tenant has to pay rent or move before landlord can file for eviction: 5 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Or. Rev. Stat. §§ 90.394(2)(a), 90.394(2)(b)
Time tenant has to pay rent or move before landlord can file for eviction: Landlord has a choice: To serve a pay or quit notice after rent is 8 days late, giving tenant 10 days to pay rent or leave, OR to serve a pay or quit notice earlier, after rent is 5 days late, but give tenant 13 days to pay or quit.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? Notice can’t be delivered until rent is either 5 or 8 days late, depending on how long the landlord wants to give the tenant to pay the rent (see above).
68 Pa. Stat. § 250.501(b)
Time tenant has to pay rent or move before landlord can file for eviction: 10 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
R.I. Gen. Laws § 34-18-35
Time tenant has to pay rent or move before landlord can file for eviction: 5 days. Tenants can stay if they pay rent prior to commencement of suit. If tenants haven’t received a pay or quit notice for nonpayment of rent within the past 6 months, they can stay if they pay rent and costs prior to eviction hearing.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? 15 days
S.C. Code §§ 27-37-10(B), 27-40-710(B)
Time tenant has to pay rent or move before landlord can file for eviction: 5 days. If there is a written lease or rental agreement that specifies in bold, conspicuous type that landlord may file for eviction as soon as tenant is 5 days late (or if there is a month-to-month tenancy following such an agreement), landlord may do so without further notice to tenant. If there is no such written agreement, landlord must give tenant 5 days’ written notice before filing for eviction.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
S.D. Codified Laws §§ 21-16-1(4), 21-16-2
Time tenant has to pay rent or move before landlord can file for eviction: Landlord must give a 3-day notice to quit (unconditional quit notice) before filing for eviction.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? 3 days
Tenn. Code § 66-28-505 (in counties with a population of more than 75,000 according to the 2010 census); Tenn. Code § 66-7-109 (in counties with a population with fewer than 75,000)
Time tenant has to pay rent or move before landlord can file for eviction: 14 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Tex. Prop. Code § 24.005
Time tenant has to pay rent or move before landlord can file for eviction: 3 days’ notice to move (lease may specify a shorter or longer time)
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Utah Code § 78B-6-802
Time tenant has to pay rent or move before landlord can file for eviction: 3 business days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Vt. Stat. tit. 9, § 4467(a)
Time tenant has to pay rent or move before landlord can file for eviction: 14 days
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Va. Code §§ 55.1-1245, 55.1-1250
Time tenant has to pay rent or move before landlord can file for eviction: 5 days. After landlord has filed and before the date tenant must answer, tenant who offers to pay rent, costs, interest, and reasonable attorneys’ fees has 10 days to do so, after which the lawsuit will be dismissed (if tenant doesn’t make the payment, the landlord gets a judgment for possession and all amounts due). Post-judgment, the case will be dismissed if tenant pays all amounts due, including late fees, civil recoveries, and sheriff fees within 2 days of the scheduled eviction.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Wash. Rev. Code §§ 59.12.030(3), 59.18.057, 59.18.650
Time tenant has to pay rent or move before landlord can file for eviction: 14 days. The notice must conform with the requirements in Wash. Rev. Code § 59.18.057.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
W.Va. Code § 55-3A-1
Time tenant has to pay rent or move before landlord can file for eviction: Landlord can file for eviction immediately, no notice required, no opportunity to cure.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Wis. Stat. § 704.17
Time tenant has to pay rent or move before landlord can file for eviction: Month-to-month tenants: 5 days; landlord can use an unconditional quit notice with 14 days’ notice. Tenants with a lease less than one year, and year-to-year tenants: 5 days (landlord can’t use an unconditional quit notice). Tenants with a lease longer than one year: 30 days (landlord can’t use an unconditional quit notice).
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Wyo. Stat. §§ 1-21-1002 to 1-21-1003
Time tenant has to pay rent or move before landlord can file for eviction: Landlord must give a 3-day unconditional notice to quit before filing for eviction.
Legal late period: How long must landlord wait before giving notice to pay rent or quit? None
Updated: December 18, 2023
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State laws set out detailed requirements to end a tenancy. The type of termination notice a landlord must serve depends on the situation, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered ("served").
Although terminology varies somewhat, when landlords have a reason (cause) for wanting a tenant out, they can use one of three types of termination notices:
In some states, landlords are not required to give tenants the opportunity to pay overdue rent or fix a lease violation. In these states, landlords may use unconditional quit notices right away—they can extend second chances if they wish, but no law requires them to do so. See Nolo's chart of state laws on unconditional quit terminations for more details.
When tenants have received notice but do not move or fix the lease or rental agreement violation by the deadline in the notice, the landlord can file an eviction lawsuit.
Typically, landlords who do not have cause cannot terminate the tenancy of a tenant with a fixed-term lease.
When the tenancy is subject to a month-to-month or other shorter term rental agreement, landlords can terminate without cause. They simply must provide the tenant with the amount of notice required by state law. (Note that many rent control laws do not allow landlords to terminate even month-to-month or shorter term rental agreements without cause.)
If the tenant decides to mount a defense against an eviction suit, it might add weeks—even months—to the eviction process. A tenant can point to mistakes in the notice or the eviction complaint, or improper service (delivery) of either, in an attempt to delay or dismiss the case.
Courts often take into account a landlord's past action (or lack of action) when deciding an eviction suit. When a landlord has failed to keep the rental in a safe and habitable condition, or when the landlord has filed the eviction suit in retaliation for a tenant's legal acts, courts are less likely to find in favor of eviction.
Landlords who win an eviction suit receive a judgment for possession of the property, and possibly an order that the tenant pay any unpaid rent. However, even a landlord receives a judgment for possession, it is illegal for the landlord to try to remove the tenant by locking the tenant out or turning off utilities. Rather, landlords must follow the state and local procedures for the physical removal of tenants. These often require landlords to retain the sheriff or other local law enforcement to carry out the actual eviction.
Typically, you must give the court judgment to a local law enforcement officer (sheriff or marshal), along with a fee that is charged to the tenant as part of your costs to bring suit. The sheriff or marshal gives the tenant a notice that the officer will be back within a number of days to physically remove the tenant if the tenant isn't gone by then.
For details, see Nolo's chart of state laws on handling tenants' abandoned property.
Landlords often chafe at the detailed rules that they must follow. There is a reason, however, why most states insist on strict compliance. First of all, eviction lawsuits are, relatively speaking, fast legal procedures. (How many other civil cases are over and done with after a few weeks?) The price to pay for this streamlined treatment is unwavering adherence to the rules.
Second, what's at stake here—a tenant's home—is arguably more important than a civil case concerning money or business. Consequently, legislators have been extra careful to see that tenants get adequate notice and an opportunity to respond.
Unless you thoroughly know your legal rights and duties before evicting a tenant, and unless you dot every "i" and cross every "t," you might end up on the losing side.
If you need help understanding the eviction processes and rules in other states or need state-specific guidance on legally evicting a tenant, see our state-by-state guides on evicting tenants.
For an overview of terminations and evictions in other states, including relevant state laws on termination for nonpayment of rent and for lease violations, see Nolo's Every Landlord’s Legal Guide.
]]>California law explicitly prohibits landlords from taking retaliatory measures against tenants who exercise a legal right. Here’s what landlords and tenants need to know about a tenant’s right to voice a concern without fear of retribution from the landlord.
California law specifically mentions certain acts that might be considered landlord retaliation in response to a tenant’s legally protected acts.
As long as a tenant is current with rent, a landlord who takes any of the following actions within 180 days of a tenant exercising a legally protected right might be found liable for wrongful tenant retaliation:
It’s also improper for the landlord to threaten to do any of these acts in response to the tenant exercising a legally protected act. (Cal. Civ. Code § 1942.5 (2023).)
California landlords also cannot disclose or threaten to disclose to any government authority information regarding tenants’ or occupants’ immigration or citizenship status for the purpose of retaliating. Landlords who violate this law might be liable to the complaining party for actual damages, punitive damages, and attorneys’ fees. (Cal. Civ. Code § 1940.35 (2023).)
In California, it’s illegal for a landlord to retaliate against a tenant who has exercised certain legal rights. The protected acts include:
(Cal. Civ. Code § 1942.5 (2023).)
Depending on the situation, there are several ways a tenant can respond to the retaliation. For example, if the landlord retaliates by bringing an eviction lawsuit against the tenant, the tenant can present the retaliation as a defense to being evicted.
If the retaliation takes another form besides eviction—such as the landlord threatening to call immigration officials—the tenant can file a lawsuit against the landlord.
The tenant can claim illegal retaliation against the landlord only once in any 12-month period—the courts want to make sure that tenants aren’t claiming retaliation lightly. (Cal. Civ. Code § 1942.5(b) (2023).)
When a landlord is found liable for illegal retaliation, the tenant is entitled to recover:
(Cal. Civ. Code § 1942.5 (2023).)
Either party—the landlord or the tenant—can request at the beginning of the lawsuit that the court order the losing party to pay the other’s attorneys’ fees. (Cal. Civ. Code § 1942.5(i) (2023).) So, if you’re a tenant considering asserting that your landlord is retaliating against you, be sure to assess the strength of your case before moving forward—otherwise, you might be on the hook for paying your landlord’s attorney.
For advice on suspected landlord retaliation and other tenant issues, see Tenants Together, a statewide tenants' rights organization. Another useful resource on landlord-tenant law is LawHelpCA. Also, the Nolo book California Tenants’ Rights includes provides more detail on illegal retaliatory evictions.
Also, check your local housing ordinances for any city or county rules that protect tenants from landlord retaliation. To find yours, call your mayor or city manager’s office or check your city or county website.
]]>New York laws require the landlord to end a tenancy in very specific ways. Different types of notices and procedures are needed for different situations. This article will provide a general overview of the rules landlords and tenants must follow when evicting a tenant or ending a tenancy in New York.
It is important to note that eviction laws and rules might be different depending on whether the rental property is located within New York City or outside the city, and whether the property is rent regulated or not. For further information or questions, contact a lawyer or a landlord trade group such as the Rent Stabilization Association of New York City.
If a landlord wants to terminate a tenancy early, or have a tenant move out before the rental term has expired, the landlord will need to have cause. The tenant can be evicted early for a couple of different reasons, including not paying rent or violating the lease or rental agreement. To start the eviction process, the landlord must give the tenant written notice. The type of notice needed will be determined by the reason for the eviction.
A landlord can't end a tenancy early without cause. A landlord who doesn't have cause to terminate the tenancy must wait until the end of the lease or rental period before asking or expecting the tenant to move. The landlord may still need to give the tenant notice that the lease isn't being renewed, though.
When a tenant has a month-to-month rental agreement and the landlord wants the tenant to move but does not have cause, the amount of required notice depends on how long the tenant has been living in the rental.
(N.Y. Real Prop. § 226-c (2023).)
When a tenant has a fixed-term tenancy, such as six months or one year, and the landlord doesn't have cause to terminate the tenancy early, the landlord must wait until the end of the term before expecting the tenant to move. Once the term ends, the landlord doesn't need to give the tenant notice to move, unless the terms of the lease require the landlord to do so; the landlord can expect the tenant to move out of the rental unit at the end of the term (unless the tenant has indicated otherwise, such as by asking for a lease renewal).
Even though a landlord thinks there is cause to evict a tenant, the tenant may decide to fight the eviction. This would increase the amount of time the eviction lawsuit takes. The tenant may have several valid defenses, including:
It is illegal for a landlord to try to force a tenant to move out of a rental unit. The tenant can only be removed after the landlord has successfully won an eviction lawsuit. Even then, the only person who can legally remove the tenant from the rental unit is a sheriff. Illegally removing a tenant can have serious consequences for the landlord.
After the tenant has moved out, the landlord might find that the tenant left behind personal property. Unlike most states, New York doesn't have laws that tell a landlord how to deal with this property. However, the landlord shouldn't dispose of the property immediately. Instead, the landlord should notify the tenant of the abandoned property and give the tenant reasonable time to claim it. If the tenant doesn't claim it within a reasonable time, then the landlord can either sell or dispose of the property.
Landlords must carefully follow all the rules and procedures required by New York law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, the rules are there for a reason. Evictions often occur very quickly, with the end result being that the tenant has lost their home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live.
]]>Different types of notices and procedures will be needed for different situations. This article explains the rules and procedures landlords must follow when evicting a tenant or ending a tenancy in Illinois.
A landlord must have a legal reason, or cause, to make a tenant move out of a rental unit before the tenancy term has ended. There could be several potential reasons for a landlord to end a tenancy early. The most common reasons have to do with the tenant not paying rent or violating the lease or rental agreement. The landlord can also end a tenancy early if the tenant has used or dealt drugs at the rental unit. Different notices are needed for these different situations.
If a landlord does not have cause to terminate a tenancy, then the landlord must wait until the end of the lease term before expecting the tenant to move. In some cases, the landlord may still need to give the tenant notice.
If a landlord would like to terminate a month-to-month rental agreement or lease, the landlord will need to give the tenant a 30-day notice. This notice will inform the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time (see 740 Ill. Comp. Stat. § 5/9-207). Illinois Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If a tenant has a lease or rental agreement that is for a fixed term, such as six months or one year, and the landlord wants the tenant to move but does not have cause, then the landlord will need to wait until the end of the tenancy before doing anything. The lease or rental agreement may require the landlord to give the tenant written notice to move at the end of the term. However, if the lease or rental agreement does not require this, then the landlord does not need to give the tenant any notice to move. The landlord can expect the tenant to move at the end of the term, unless the tenant has indicated a desire to stay.
A tenant always has the option to fight the eviction, even if the landlord thinks the eviction lawsuit is justified. If a tenant does wish to defend against the eviction, then the landlord should expect the lawsuit to take longer than normal. The tenant may have a valid defense, such as the landlord making procedural mistakes during the eviction (for example, improperly serving a notice or not waiting long enough before filing the eviction lawsuit) or the landlord failing to maintain the rental unit according to law. For more information on tenant defenses, see Tenant Defenses to Eviction Notices in Illinois.
It is illegal for a landlord to try to force a tenant to move out of a rental unit. Even if the landlord is successful with the eviction lawsuit, the only person authorized to remove the tenant is a sheriff or constable. Illegal Eviction Procedures in Illinois has more information on this topic.
After the tenant moves out of the rental unit, the landlord might find personal property that the tenant left behind. If the rental unit is in Chicago city limits, the landlord must store the personal property for seven days. If the tenant does not claim the property within seven days, then the landlord can dispose of the property (see City of Chicago Residential Landlord and Tenant Ordinance § 5-12-130). For abandoned property in a location other than the city of Chicago, the landlord should take reasonable steps to inform the tenant of the property and give the tenant a reasonable amount of time to claim the property before the landlord disposes of it. Handling a Tenant’s Abandoned Property in Illinois has more information on this topic.
Landlords must carefully follow all the rules and procedures required by Illinois law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, with the end result being that the tenant has lost his or her home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live.
]]>Landlords who take matters into their own hands often think that their behavior will be excused by the tenant's egregious conduct. However, the fact that the tenant didn't pay rent, left the property a mess, verbally abused the manager, or otherwise acted outrageously will not be a valid defense—and in fact, a landlord may well end up on the wrong end of a lawsuit for trespass, assault, battery, slander or libel, intentional infliction of emotional distress, and wrongful eviction. Defending this lawsuit will cost far more than evicting the tenant using legal court procedures.
Landlords or property managers who are tempted to take the law into their own hands to force or scare a troublesome tenant out of the property should heed the following advice: Don't do it! Shortcuts such as threats, intimidation, utility shutoffs, or attempts to physically remove a tenant are illegal and dangerous. So, although the eviction process can often entail considerable expense and delay, consider it the only legal game in town. (For information on the steps you must take to evict a tenant legally, see How Evictions Work: Rules for Landlords and Property Managers and your state rent rules regarding termination for nonpayment of rent.)
Virtually every state that forbids "self-help" evictions also imposes penalties for landlords who break the law. When tenants sue after being locked out or frozen out, they can not only sue for their actual money losses (such as the cost of temporary housing, the value of food that spoiled when the refrigerator stopped running, or the cost of an electric heater when the gas was shut off), but they can also sue for penalties, such as several months' rent. In some states, the tenant can collect and still remain in the premises; in others, tenants are entitled to monetary compensation only.
Even in states that have not legislated against self-help evictions, landlords who throw tenants out on their own run a risk of serious practical and legal entanglements. The potential for nastiness and violence is great—picture the arrival of a patrol car while tenant and landlord wrestle over the sofa on the lawn.
Landlords who lock out their tenants often find themselves sued over the "disappearance" of their tenant's valuable possessions. The tenant will claim they were lost or taken when the landlord locked them up or removed them. Using a neutral law enforcement officer to enforce a judge's eviction order will avoid these unpleasantries.
For a comprehensive and up-to-date legal and practical guide for residential landlords, get Every Landlord's Legal Guide, by Ralph Warner, Marcia Stewart and Janet Portman (Nolo).
]]>In Texas, a landlord can terminate a tenancy early if the tenant does not pay rent or violates the lease or rental agreement (for example, by having a dog when none are allowed or continually throwing loud parties). Before filing an eviction lawsuit, the landlord must first give the tenant a three-day notice to vacate, unless the lease or rental agreement provides for a shorter or longer notice period. The landlord does not have to give the tenant the option to fix the violation or pay the rent. If the tenant does not move out of the rental unit at the end of the three days, then the landlord can file an eviction lawsuit (also known as a forcible detainer suit) with the court. (Tex. Prop. Code § 24.005 (2021).)
The rules for terminating a tenancy without cause vary depending on whether the tenancy is month-to-month (pursuant to a rental agreement) or for a fixed term (pursuant to a lease).
When a Texas landlord wishes to end the tenancy of a tenant who has a month-to-month rental agreement, the amount of notice required depends on how often the tenant pays rent:
This notice must state the date by which the tenancy will end and that the tenant must move out of the rental unit by that time. (Tex. Prop. Code § 91.001 (2021).) For more information on ending a month-to-month tenancy in Texas, see Texas Notice Requirements to Terminate a Month-to-Month Tenancy.
A landlord cannot end a fixed-term tenancy early without cause—a lease guarantees tenants the right to stay at the property (so long as they don’t violate its terms) for the duration of the time stated. When landlords wish to have tenants with a lease move out without having cause (such as a failure to pay rent), they must wait until the term ends. However, the landlord is not required to give the tenant notice that the lease isn’t being renewed, unless the lease specifically requires it. For example, if the tenant has a year-long lease that expires in December and the tenant has not requested a renewal, the landlord does not need to give the tenant notice to move out of the rental unit by the end of December (unless such notice is required in the lease). When December comes around, the landlord can expect the tenant to move out of the rental unit by the end of the month.
When tenants don’t move out at the end of a lease, they become holdover tenants—tenants who do not have the protection of a lease. To remove a holdover tenant in Texas, the landlord must give the tenant a three-day notice to vacate. If the tenant does not move out by the end of the three-day period, then the landlord can file an eviction lawsuit with the court. (Tex. Prop. Code Ann. § 24.005 (2021).)
When tenants decide to fight an eviction, the duration of time between the service of the notice to vacate and the actual eviction can increase significantly. Depending on the circumstances, tenants might have several reasons why they shouldn’t be evicted (defenses). One of the most common—and most successful—defenses is that the landlord did not follow all the rules when terminating the tenancy. For example, when a landlord improperly serves the notice to vacate or doesn’t wait long enough before filing the eviction lawsuit, a tenant who asserts these defenses will likely win the eviction suit, and the landlord will be back at square one in any attempt to remove the tenant. Other potential defenses to eviction in Texas include a landlord’s failure to maintain habitable premises and a landlord’s unlawful discrimination.
The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant. The only person who can do that is an officer of the law, authorized by the judge who allowed the eviction to occur. Texas law has made it illegal for the landlord to personally remove the tenant from the rental unit. See Illegal Eviction Procedures in Texas for more information on the topic.
Landlords must carefully follow all the rules and procedures required by Texas law when evicting a tenant; otherwise, the court can refuse to issue an order of eviction. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, with the end result being that evicted tenants lose their homes. The rules help ensure that evictions are justified and that evicted tenants have enough time to find a new place to live.
]]>For a landlord to evict a tenant in Colorado before the tenant’s rental term has expired, the landlord must have legal cause—no matter whether it’s a fixed-term lease or a periodic rental agreement (one that renews automatically after the end of each term). Under Colorado law, a landlord can end a tenancy for cause when the tenant:
To evict the tenant for one of these reasons, the landlord must first terminate the rental agreement or lease by providing the tenant with a notice that provides a reason for the termination.
When a landlord wants to terminate a tenancy because the tenant hasn’t paid rent, the landlord must serve the tenant with a 10-day notice to pay rent or quit (move out). (The notice might be called a Demand for Compliance or Right to Possession Notice.) If the tenant doesn’t pay in full the rent owed before the end of the 10 days, the landlord can file an eviction lawsuit (also called an “unlawful detainer” suit).
Colorado landlords who have an exempt residential agreement can shorten the notice period by serving a five-day notice to pay rent or quit.
(Colo. Rev. Stat. § 13-40-104(1)(d) (2022).)
The tenant can avoid eviction by paying the rent owed in full at any time before the court enters a judgment for possession.
When a landlord wants to terminate a tenancy because the tenant violated a portion of the lease or rental agreement, such as a no-pets policy, the landlord must serve the tenant with a 10-day notice to cure (fix the problem) or quit (a Demand for Compliance or Right to Possession notice). If the tenant doesn’t fix the problem before the end of the 10 days, the landlord can file an eviction lawsuit.
Colorado landlords who have an exempt residential agreement can shorten the notice period by serving a five-day notice to cure or quit.
(Colo. Rev. Stat. § 13-40-104(e) (2022).)
If a landlord has already served a notice to cure or quit for a lease violation, and the tenant repeats the same violation at a later time, the landlord can send the tenant a notice to quit without an opportunity to fix the matter (sometimes called an unconditional notice to quit). A good example of such a situation is when a tenant has received a notice to cure or quit for violating a no-pets policy by having a dog at the rental. If the tenant removed the dog after receiving the notice, but then brings in a cat, the landlord doesn’t have to give the tenant another chance to follow the no-pets policy.
To terminate the tenancy, the landlord simply needs to serve a 10-day written notice to quit. (A five-day notice to quit can be served if it’s an exempt residential agreement.) (Colo. Rev. Stat. § 13-40-104(e.5) (2022).)
Special rules apply for terminations and evictions caused by “substantial violations” of a lease or rental agreement. Colorado law defines a substantial violation as an act or series of acts by the tenant (or their guest) that occurs:
Landlords can serve tenants who substantially violate the lease or rental agreement with a three-day notice to quit. If the tenant does not move out of the rental unit by the end of three days, then the landlord can file an eviction lawsuit against the tenant. (Colo. Rev. Stat. §§ 13-40-104, 13-40-107.5 (2022).)
When a Colorado landlord doesn’t have a legally recognized reason (cause) to evict a tenant, the landlord’s options for ending the tenancy depend on the type of tenancy.
Unless a Colorado landlord has cause, they can’t end the tenancy until the lease expires. The landlord doesn’t have to give the tenant a notice to quit or other notice that the lease is about to end, unless the lease specifically requires notice. Otherwise, without a renewal of the lease, the landlord can simply wait for the lease term to end, and the tenant must move out.
If the tenant fails to move out when the lease expires, the landlord can immediately file an eviction lawsuit, without giving the tenant any notice to leave. (Colo. Rev. Stat. § 13-40-104(1)(c) (2022).)
A periodic tenancy is one that is typically for a short amount of time, but renews automatically under the terms of a rental agreement. The most popular form of periodic tenancy is month-to-month.
In Colorado, landlords who want to end a periodic tenancy without cause must give a certain amount of written notice to terminate.
The amount of notice required depends on the length of the rental agreement’s term. For example, if the landlord wants to end a month-to-month tenancy without cause, the landlord must give the tenant a 21-day notice to quit. (Colo. Rev. Stat. § 13-40-107(1)(c) (2022).) The notice must describe the property and the particular time when the tenancy will terminate, and be signed by the landlord or landlord’s agent. If the tenant doesn’t move out by the deadline in the notice, the landlord may evict the tenant.
After the time in the notice to quit has passed (and, if the tenant hasn’t cured when given the opportunity to do so), the landlord can file an unlawful detainer (eviction) lawsuit. The court will set a date for a hearing on the matter, and the landlord must serve notice of the lawsuit on the tenant.
If a tenant doesn’t appear at the hearing, the court will most likely enter a default (automatic) judgment for the landlord. The court will enter the judgment into the official court records.
Colorado courts issue a writ of restitution 48 hours after the judgment is entered. The landlord can then take the writ of restitution to a law enforcement officer (usually the sheriff), and the sheriff will then be responsible for the physical removal of the tenant. Only a law enforcement officer can carry out the physical eviction—under Colorado law, it is never legal for a landlord to attempt to force the tenant to move out of the rental unit, and the tenant could sue the landlord for trying.
Even though a landlord might have a valid legal reason to evict a tenant, the tenant can still choose to fight the eviction. The tenant could have a valid legal defense, such as, the landlord failing to maintain the rental unit or the landlord retaliating against the tenant. This decision to fight the eviction could increase the cost of the lawsuit or increase the amount of time the tenant has to remain in the rental unit. Tenant Defenses to Evictions in Colorado has more information.
After an eviction, the landlord might find that the tenant has left behind personal belongings. Unlike most states, the landlord is not required to contact the tenant before disposing of the property. (Colo. Rev. Stat. § 13-40-122 (2022).) The property is considered abandoned, and the landlord can immediately dispose of it. If the landlord chooses to store the property until the tenant claims it, the landlord can charge the tenant the costs of the storage. However, the landlord is not liable to the tenant for any damage that may come to the property while the landlord is storing it.
You can find forms and detailed information about the eviction process in Colorado on the Colorado Judicial Branch’s website. Nolo’s Legal Resources for Tenants provides advice on how renters can find legal help and other assistance, and the Landlords & Tenants section provides more information about landlord-tenant laws and the landlord-tenant relationship.
]]>Generally, the landlord’s first step in the eviction process is to terminate the lease or rental agreement. This can only be done when the landlord has legal cause to evict the tenant. Alabama state law has defined legal cause as failure to pay rent, violation of the lease or rental agreement (including lying in the application process), and engagement in certain illegal activity. To terminate the lease, the landlord must first give the tenant notice. In Alabama, the landlord is required to give a seven-day notice in all of these situations. However, the tenant’s options will vary depending on the reason they are receiving the notice.
(Ala. Code § 35-9A-421.)
When a landlord does not have legal cause to evict a tenant, the landlord must wait until the lease or rental agreement has expired before expecting the tenant to move. The landlord might still need to give the tenant written notice to move in some cases.
When the landlord wishes to end a month-to-month tenancy but does not have legal cause to evict the tenant, then the landlord can give the tenant a 30-day written notice to vacate. This notice must inform the tenant that the tenancy will expire in 30 days and the tenant must move out of the rental unit by then. (Ala. Code § 35-9A-441.)
When the landlord wants to end a fixed-term lease but does not have legal cause to evict the tenant, the landlord must wait until the lease has expired before expecting the tenant to move. Unless the terms of the lease specifically require it, the landlord is not required to give the tenant written notice to move before the end of the lease. When the lease has expired, the landlord can expect the tenant to move.
Even when a landlord has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could also have a valid legal defense to the eviction, such as the landlord evicting the tenant in retaliation or the landlord discriminating against the tenant. If the tenant decides to fight the eviction, this could increase the costs of the lawsuit and give the tenant more time to remain in the rental unit.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, the landlord must not actually evict the tenant. That can only be done by a law enforcement officer with a court order. It is illegal for the landlord to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.
If the tenant leaves personal property behind in the rental unit after the tenant has been evicted, the landlord must store the personal property for up to 14 days. If the tenant does not claim the property during this time, then the landlord can dispose of the personal property, with no further liability to the tenant. (Ala. Code § 35-9A-423(d).)
Landlords must carefully follow all the rules and procedures required by Alabama law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>The first step in all Arizona evictions (also called “special detainer actions”) is to terminate the tenancy by delivering a written notice to the tenant. Whether (and how) a landlord can terminate a tenancy early depends on if the landlord has “cause”—a legal reason—to do so.
Landlords can’t end a tenancy early (before the lease or rental agreement has ended) unless there’s cause for doing so. The most common causes landlords cite for ending a tenancy early are the tenant’s:
Landlords must give the tenant a written notice to terminate a tenancy early. The type of notice required will depend on the reason for the termination. There are five types of notice in Arizona:
(Ariz. Rev. Stat. § 33-1368(A) (2022).)
Unless a landlord has cause to terminate a tenancy early, the landlord can’t make the tenant move out before the end of the lease or rental agreement. Whether the landlord has to give the tenant notice that the tenancy won’t be renewed depends on the type of tenancy.
When a tenant has a fixed-term lease, such as for six months or one year, the landlord can’t make the tenant move out until the term has ended. The landlord doesn’t have to provide the tenant with notice ending the tenancy unless the lease specifically requires it. Otherwise, the landlord can expect the tenant to move by the end of the tenancy—and if the tenant doesn’t move out, the landlord can file an eviction lawsuit.
To end a month-to-month tenancy in Arizona, the landlord must give the tenant at least 30 days’ written notice. The notice must inform the tenant that the tenancy will be ending in 30 days and the tenant must move out of the rental unit by then. If the tenant doesn’t move out by the end date stated in the notice, the landlord can file an eviction lawsuit against the tenant. (Ariz. Rev. Stat. § 33-1375 (2022).)
Arizona law requires landlords to deliver the written notice terminating the tenancy by:
When the notice is mailed, the number of days to comply with the notice begins to run either on the date the tenant actually receives the notice or five days after the notice is mailed—whichever occurs first. (Ariz. Rev. Stat. § 33-1313 (2022).)
The landlord can file an eviction lawsuit on the day after the deadline given in the notice.
Even when a landlord has a legal cause to evict a tenant, the tenant may still choose to fight the eviction. If the tenant has a valid defense, the court might dismiss the landlord’s eviction suit. Valid defenses to eviction in Arizona include:
A tenant can fight eviction by showing that the landlord is trying to evict the tenant for engaging in any of these activities. (Ariz. Rev. Stat. § 33-1381 (2022).)
When a tenant defends themselves against an eviction, the court usually allows the tenant to remain in the rental until the matter is decided. Once an eviction is contested in this manner, the costs of the eviction suit typically increase greatly for the landlord.
The only way a tenant can be removed from a rental unit is if the landlord wins an eviction lawsuit against the tenant. When a landlord wins an eviction lawsuit, the landlord must go back to court five days after the judgment against the tenant and get a writ of restitution from the court. The landlord can then give the writ of restitution to a law enforcement officer who is qualified to physically remove the tenant from the rental. The landlord must never try to force the tenant to move out of the rental unit.
After an eviction occurs, the landlord may find that the tenant has left personal property in the rental unit. The landlord cannot just dispose of the property. The landlord must notify the tenant in writing that the tenant has 14 days to claim the property. If the tenant does not claim the property in 14 days, the landlord can donate the property to charity or sell the property (the landlord can charge the tenant reasonable fees for storage).
If the landlord sells the property, the landlord can use the proceeds to cover outstanding rent or other costs (as specified in the rental agreement) that the tenant owes the landlord. After the sale, the landlord must give any remaining money to the tenant. Landlords may destroy or dispose of property if the landlord reasonably determines that the value of the property is so low that storing or selling it wouldn’t be worth it. For full details on how to dispose of tenants’ abandoned personal property in Arizona, read Arizona Revised Statute section 33-1370.
The Arizona Department of Housing has information on its website about Arizona’s landlord and tenant laws. You can read the text of the Arizona statutes mentioned in this article on the Arizona state legislature’s website. People with limited financial means might qualify for reduced-fee or free legal aid. Finally, the Arizona Judicial Branch has a helpful self-help website for landlords and tenants that provides information about how to file and how to respond to an eviction lawsuit.
]]>If a landlord wants to evict a tenant before the tenant’s lease has expired, the landlord must have legal cause. In Arkansas, legal cause includes failing to pay rent, violating the lease or rental agreement, failing to maintain a safe rental, or committing certain illegal acts.
Before a landlord can file an eviction lawsuit (called an "unlawful detainer" suit in Arkansas), the landlord must terminate the tenancy—this means that the landlord must give the tenant written notice that the tenancy is ending. Different types of notice are required depending on the reason for the eviction.
If the landlord wants to end a fixed-term lease but does not have legal cause to evict the tenant, then the landlord will have to wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so.
If the landlord wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, then the landlord can give the tenant a written 30-day notice to vacate. This notice will inform the tenant that the tenancy will terminate in 30 days and the tenant must move out of the rental unit by that time. If the tenant does not move out by that time, then the landlord can file an unlawful detainer lawsuit. (Ark. Code Ann. § 18-17-704 (2021).)
Even though a landlord has a valid legal reason to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a valid legal defense, such as the landlord failing to maintain the premises of the rental unit or the landlord discriminating against the tenant. The tenant’s decision to fight the eviction could increase the costs of the eviction lawsuit and allow the tenant more time to remain living in the rental unit. Tenant Defenses to Evictions in Arkansas has more information on this subject.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. The landlord must never try to force the tenant to move out of the rental unit. Even after the landlord wins the eviction lawsuit, the tenant can only be removed by a law enforcement officer with a court order. If the landlord tries to illegally force the tenant to move out of the rental unit, the tenant can sue the landlord for damages.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property. In Arkansas, this property is considered abandoned, and the landlord can immediately dispose of it. The landlord is not required to contact the tenant or hold onto the property for any length of time before disposing of it. (Ark. Code Ann. § 18-16-108 (2021).)
]]>To evict a tenant in Kentucky, the landlord must first have legal cause (a good reason recognized by law). The most common reasons for eviction are the tenant’s failure to pay rent or the tenant’s violation of the lease or rental agreement. Once there is legal cause, the landlord can terminate the lease or rental agreement by giving the tenant notice. The type of notice required will depend on the reason for the eviction.
When a landlord does not have legal cause to terminate a tenancy, the landlord must wait until the tenancy expires before expecting the tenant to move. In some cases, such as with a month-to-month tenancy, the landlord will still need to give the tenant written notice.
When a Kentucky landlord wishes to end a month-to-month tenancy but does not have legal cause to evict the tenant, the landlord must give the tenant a 30-day notice. This notice must inform the tenant that the landlord wishes to end the month-to-month tenancy and that the tenant must move out of the rental unit by the end of 30 days. When the tenant does not move out of the rental unit by that time, the landlord can consider the tenant a holdover tenant (a tenant who remains in the rental unit after the tenancy has expired) and file an eviction lawsuit against the tenant. (Ky. Rev. Stat. Ann. § 383.695.)
When a landlord wishes to end a fixed-term lease but does not have legal cause to evict the tenant, the landlord must simply wait until the end of the tenancy before expecting the tenant to move. The landlord is not required to give the tenant written notice to move unless the terms of the lease or rental agreement specifically require the landlord to do so.
Even though a landlord might have legal cause to evict a tenant, the tenant might also have a valid legal defense against the eviction. Legal defenses include the landlord discriminating against the tenant or failing to maintain the rental unit. If a tenant chooses to fight the eviction with one of these defenses, it could increase the cost of the eviction lawsuit and allow the tenant more time to remain living in the rental unit. Tenant Defenses to Evictions in Kentucky has more information.
The only way to remove a tenant from a rental unit is for a landlord to win an eviction lawsuit in court against the tenant. Even then, the landlord does not have the authority to physically remove the tenant from the rental unit. That can only be done by a law enforcement officer with a court order. The state of Kentucky has made it illegal for the landlord to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.
After the tenant is evicted and has moved out of the rental unit, the landlord might find that the tenant has left behind personal property. Unlike most states, Kentucky does not have any laws regulating what the landlord should do with tenants' abandoned property. That does not mean that the landlord should immediately dispose of it, though. The best practice for the landlord would be to send the tenant a written notice detailing the items left behind and give the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property, then the landlord can dispose of the property in any legal manner (such as, disposing of it or selling it).
Landlords must carefully follow all the rules and procedures required by Kentucky law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>A landlord who wants to evict a tenant must have a good reason (legal cause) to do so. West Virginia defines legal cause as failing to pay rent, violating the lease or rental agreement, or damaging the rental unit. To evict the tenant for one of these reasons, the landlord must first terminate the tenancy. Unlike most states, the landlord in West Virginia does not need to give the tenant written notice before filing an eviction lawsuit against the tenant. As soon as the tenant fails to pay rent, violates the lease or rental agreement, or damages the rental unit, the landlord can immediately terminate the tenancy and go straight to court. (W. Va. Code § 55-3A-1 (2021).)
How to terminate a tenancy without cause in West Virginia depends on whether the rental is governed by a month-to-month rental agreement or a lease.
A landlord who wants to end a month-to-month tenancy but does not have legal cause for eviction, can give the tenant a written 30-day notice to move. This notice must inform the tenant that the landlord is terminating the tenancy and that the tenant must move out of the rental unit by the end of 30 days. If the tenant does not move out of the rental unit, then the landlord can proceed with an eviction. (W. Va. Code § 37-6-5 (2021).)
A landlord who wants to end a fixed-term lease, but does not have legal cause for eviction, must wait until the lease has ended before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require it. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should not accept any further rent from the tenant and can proceed with an eviction.
Even when a landlord has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a legal defense, such as the landlord discriminating against the tenant or failing to maintain the rental unit. The tenant’s decision to fight the eviction could increase the costs of the eviction lawsuit or allow the tenant more time to remain living in the rental unit.
The landlord must never force the tenant to move out of the rental unit. The only way the landlord can remove the tenant is by winning an eviction lawsuit against the tenant. Even after the landlord wins the eviction lawsuit, the only person authorized to remove the tenant is a law enforcement officer with a valid court order. West Virginia has made it illegal for the landlord to ever try to force the tenant to move, and the tenant can sue the landlord for attempting an illegal eviction.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property. If the tenant has informed the landlord in writing that the belongings are abandoned, then the landlord can dispose of the items immediately without any liability to the tenant. Otherwise, the landlord must wait for 30 days before disposing of the property. The landlord can either leave the property in the rental unit or remove it to a storage unit. If the tenant does not claim the property within 30 days (and pay for the costs of storage, if applicable), then the landlord can dispose of the property without any liability to the tenant. (W. Va. Code § 55-3A-3(h) (2021).)
Landlords must carefully follow all the rules and procedures required by West Virginia law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the basic rules and procedures landlords and property managers must follow when evicting a tenant in New Mexico.
A landlord who wants to evict a tenant before the tenancy has expired must have legal cause (a good reason). New Mexico law defines legal cause as the tenant’s failure to pay rent or the tenant’s violation of the lease or rental agreement. To evict the tenant for one of these reasons, the landlord must first terminate the rental agreement. The landlord does this by giving the tenant written notice. Different notices are needed depending on the reason for the eviction.
A landlord who wants to evict a tenant but does not have legal cause to do so must wait until the tenant’s tenancy has expired before expecting the tenant to move. In some cases, the landlord might still need to give the tenant written notice to move.
A landlord who wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, must give the tenant a written 30-day notice. This notice will inform the tenant of the landlord’s desire to end the month-to-month tenancy and that that tenant must move out of the rental unit by the end of the 30 days. If the tenant does not move out of the rental unit by that time, then the landlord can file an eviction lawsuit against the tenant. (N.M. Stat. Ann. § 47-8-37 (2021).)
A landlord who wishes to end a fixed-term lease (such as a lease for one year) but does not have legal cause to evict the tenant, must wait until the lease has expired before expecting the tenant to move. Unless the terms of the lease specifically require it, the landlord is not required to give the tenant written notice to move. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should not accept further rent from the tenant and can file an eviction lawsuit against the tenant.
Even though a landlord might have good legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a good legal defense against the eviction, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit premises. By fighting the eviction, the costs of the lawsuit could increase and the tenant could remain living in the rental unit for a longer period of time. Tenant Defenses to Evictions in New Mexico has more information.
A landlord must never try to force a tenant to move out of a rental unit. The only way the tenant can be removed from the rental unit is if the landlord wins an eviction lawsuit against the tenant. Even then, the only person authorized to remove the tenant is a law enforcement officer with a valid court order. New Mexico law has made it illegal for the landlord to try to remove the tenant in any other way, and the tenant can sue the landlord for an illegal eviction.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property. The landlord must hold on to the property for at least three days after the eviction has occurred, allowing the tenant time to claim the property. If the tenant does not claim the property by the end of three days, then the landlord can dispose of the property, through sale or otherwise. (N.M. Stat. Ann. § 47-8-34.1(C) (2021).)
Landlords must carefully follow all the rules and procedures required by New Mexico law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
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The first step in an eviction is for the landlord to terminate the tenancy. This can only be done if the landlord has legal cause to evict the tenant. Mississippi law defines legal cause as either the tenant failing to pay rent or violating the lease or rental agreement. To terminate the tenancy for one of these reasons, the landlord must give the tenant written notice.
If a landlord wants to terminate a tenancy but does not have legal cause, then the landlord will have to wait until the term of the tenancy has expired. In some cases, the landlord will still need to give the tenant written notice to move.
A landlord who wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, can give the tenant a written 30-day notice to move. This notice will inform the tenant that the landlord is terminating the month-to-month tenancy and that the tenant needs to move out of the rental unit within 30 days. If the tenant does not move out, then the landlord can proceed with an eviction lawsuit against the tenant. (Miss. Code Ann. § 89-8-19 (2021).)
A landlord who wants to end a fixed-term lease (such as a lease for one year) but does not have legal cause, must wait until the end of the term before expecting the tenant to move. Unless the terms of the lease specifically require it, the landlord is not required to give the tenant written notice to move.
The tenant might decide to fight the eviction, even if the landlord has a valid legal cause to evict the tenant. The tenant could also have a valid legal defense, such as the landlord failing to maintain the rental unit or the landlord not following all of the legally required eviction procedures. The tenant’s decision to fight the eviction could increase the costs of the lawsuit and allow the tenant more time to remain living in the rental unit.
A tenant can only be removed from a rental unit after a landlord has won an eviction lawsuit against the tenant. At that time, a law enforcement officer with a court order will remove the tenant from the rental unit. The landlord is never allowed to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.
After the tenant is evicted, the landlord might find that the tenant has left behind personal belongings. When a landlord includes the following language in an eviction summons, then, once an eviction order is issued, the landlord can dispose of any abandoned property at the landlord's discretion:
At the hearing, a judge will determine if the landlord is granted exclusive possession of the premises. If the judge grants possession of the premises to the landlord and you do not remove your personal property, including any manufactured home, from the premises before the date and time ordered by the judge, then the landlord may dispose of your personal property without any further legal action.
(Miss. Code Ann. § 89-7-31 (2021).)
Landlords must carefully follow all the rules and procedures required by Mississippi law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>If a landlord wants to evict a tenant, the landlord must have legal cause. Idaho statutes define legal cause as, among other things, failing to pay rent, violating the lease or rental agreement, or seriously damaging the rental unit. To evict the tenant for one of these reasons, the landlord must first terminate the tenancy. The landlord does this by giving the tenant written notice. The type of notice required will depend on the reason for the eviction.
If a landlord wants a tenant to move out of the rental unit but does not have legal cause to evict the tenant, then the landlord has to just wait until the term of the tenancy has ended before expecting the tenant to move. In some cases, the landlord will still need to give the tenant written notice to move.
If the landlord wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, then the landlord can give the tenant a 30-day notice. This notice must inform the tenant that the month-to-month tenancy will end at the end of 30 days and that the tenant must be moved out of the rental unit by that time. If the tenant does not move out of the rental unit by that time, then the landlord can file an eviction lawsuit against the tenant. (Idaho Code § 55-208 (2021).)
If the landlord wants a tenant with a fixed-term lease to move but does not have legal cause to evict the tenant, then the landlord will just have to wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant does not move out by the end of the lease term, then the landlord should stop accepting rent from the tenant and file an eviction lawsuit against the tenant.
Although a landlord has legal cause to evict a tenant, the tenant can still decide to fight the eviction. The tenant might have a valid legal defense to the eviction, such as the landlord not maintaining the rental unit or discriminating against the tenant. If the tenant fights the eviction, this could increase the costs of the eviction lawsuit and allow the tenant more time to remain living in the rental unit.
The only way for a landlord to remove a tenant from a rental unit is by going to court and winning an eviction lawsuit against the tenant. Even after winning the eviction lawsuit, the landlord cannot personally evict the tenant. The eviction must be performed by a law enforcement officer with a court order. If the landlord ever tries to force the tenant to move out of the rental unit, the tenant can sue the landlord for an illegal eviction.
If the landlord wins the eviction lawsuit, then the court will set a date by which the tenant must move out of the rental unit. If the tenant does not move out of the rental unit by that date, then a sheriff will come to the property and remove the tenant. If the tenant has moved out but has left behind personal belongings (other than trash), then only the sheriff is allowed to remove those belongings. The landlord must not remove the personal property or dispose of it. The sheriff will store the belongings in a safe place and try to contact the tenant to collect the personal property.
Landlords must carefully follow all the rules and procedures required by Idaho law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>If a landlord wants to evict a tenant before the tenant’s lease or rental agreement has expired, then the landlord must have legal cause (a reason). Hawaii law defines legal cause as failure to pay rent, violation of the lease or rental agreement, or serious damage to the rental unit or another person. To evict the tenant for one of these reasons, the landlord needs to terminate the tenancy. The landlord can terminate the tenancy by giving the tenant notice.
If a landlord wants a tenant to move but does not have legal cause to evict the tenant, then the landlord has to wait until the tenant’s lease or rental agreement has ended before expecting the tenant to move. The landlord will still need to give the tenant written notice to move in some cases.
If the landlord wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, then the landlord must give the tenant a written 45-day notice. This notice must inform the tenant that the landlord is ending the month-to-month tenancy and that the tenant must move out of the rental unit by the end of 45 days. If the tenant does not move out of the rental unit in time, then the landlord can bring an eviction lawsuit against the tenant. (Haw. Rev. Stat. § 521-71 (2021).)
If the landlord wants to end a fixed-term lease but does not have legal cause to evict the tenant, then the landlord must just wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should stop accepting rent payments from the tenant and file an eviction lawsuit against the tenant.
It is important to note that in Hawaii, the landlord only has 60 days after the lease term has ended to file an eviction lawsuit against the tenant. If the landlord waits longer than 60 days, then the tenant will become a month-to-month tenant. The landlord will then have to give the tenant a 45-day notice to move before being able to proceed with the eviction (see Haw. Rev. Stat. § 521-71(e) (2021)).
Even if a landlord follows all the rules and has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could also have a valid legal defense to eviction, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. The tenant’s decision to fight the eviction could increase the cost of the eviction or allow the tenant more time to remain living in the rental unit.
A landlord must never try to force a tenant to move out of a rental unit. Even after the landlord wins an eviction lawsuit against the tenant, the only person authorized to remove the tenant is a law enforcement officer with a court order. Hawaii has made it illegal for the landlord to ever try to remove the tenant or create a situation that forces the tenant to move out of the rental unit. A landlord who takes self-help measures can be penalized for illegally evicting a tenant.
The tenant might abandon personal property in the rental unit after the tenant is evicted. When the landlord believes the property has value, then the landlord must send the tenant written notice to claim the property before the landlord disposes of it. While waiting for the tenant’s response, the landlord can store the property and charge the cost of the storage to the tenant. After giving the tenant notice, the landlord can choose to sell or donate the property.
Sale of abandoned property. The landlord can sell the property after advertising the sale in a daily paper of general circulation within the circuit in which the rental is located for at least three days in a row. The landlord can use the proceeds from the sale to cover unpaid rent and the costs of storing and selling the abandoned property. When there are funds remaining after these deductions, the landlord must hold the funds in trust for the tenant for 30 days. If the tenant doesn't claim the funds during those 30 days, the landlord can keep it.
Donation of abandoned property. If the landlord prefers to donate the property, the landlord can do so 15 days after sending the notice.
The landlord can dispose of any items left after the sale or that the landlord believes to have no value at the landlord's discretion. (Haw. Rev. Stat. § 521-56 (2021).)
Landlords must carefully follow all the rules and procedures required by Hawaii law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
Hawaii's Department of Commerce and Consumer Affairs website has a helpful landlord-tenant resource page where you can find the text of Hawaii's landlord-tenant statutes as well as a comprehensive Hawaii residential landlord-tenant handbook.
]]>States have specific rules and procedures on terminations and evictions. Typically, landlords can immediately send a non-rent-paying tenant a termination notice for nonpayment of rent giving the tenant a few days in which to pay up or move. These are usually called pay rent or quit notices—they give the tenant a few days to pay or move out (“quit”). If a tenant neither pays nor moves within the time limit, the landlord can then file an eviction lawsuit against the tenant.
Rules for terminating a tenancy for nonpayment of rent vary widely among states, including:
States set very specific rules for how and when landlords can evict a tenant who doesn’t pay rent on time. Learn more about specific renters' and tenants' rights information by state. For details on your state rules, see State Laws on Termination for Nonpayment of Rent.
]]>This article will explain how a landlord can evict a tenant in Virginia.
The first step in evicting a tenant is terminating the tenancy. If a landlord wants to evict a tenant before the term of the tenancy has ended, then the landlord must have legal cause. The most common legal causes of eviction are the tenant’s failure to pay rent or violation of the lease or rental agreement. However, the landlord can also evict the tenant for committing an illegal act, such as drug use or possession on the premises. For most of these situations, the landlord will first need to give the tenant notice—and possibly the chance to fix the problem—before terminating the tenancy and filing an eviction lawsuit.
A landlord cannot evict a tenant simply because the landlord does not like that person. If the landlord does not have a legal reason for eviction, then the landlord must wait until the term of the tenancy has expired before expecting the tenant to move. Depending on the type of tenancy, the landlord may still need to provide the tenant with notice.
To end a month-to-month tenancy in Virginia, the landlord must give the tenant a 30-day notice informing the tenant that the tenancy will end at the end of the 30-day time frame. If the tenant has not moved out of the rental unit by the end of the 30 days, then the landlord can file an eviction lawsuit against the tenant. (Va. Code Ann. § 55.1-1253A (2020).)
If the tenant has a fixed-term lease or rental agreement, such as for one year, the landlord must wait until the end of the term before expecting the tenant to move. The landlord does not need to give the tenant notice to move unless the lease specifically requires it.
Even though a landlord might have a valid legal cause to evict a tenant, the tenant can still decide to fight the eviction. The tenant might have a valid defense against the eviction, such as the landlord discriminating against the tenant or the landlord failing to follow proper eviction procedures. By fighting the eviction, the tenant could delay the eviction and remain in the rental unit for longer. Tenant Defenses to Evictions in Virginia has more information.
The only legal way for a landlord to remove a tenant is by winning an eviction lawsuit. Even then, the landlord is not authorized to remove the tenant from the rental unit; only a law enforcement officer can do that. It is illegal for a landlord in Virginia to attempt to force a tenant to move out of a rental unit, and the tenant can sue the landlord for an illegal eviction..
If the tenant leaves property on the premises, the manner in which the landlord can dispose of the property depends on the circumstances:
Landlords must carefully follow all the rules and procedures required by Virginia law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures might seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>If a landlord wishes to evict a tenant before the tenant’s lease or rental agreement has expired, the landlord must have legal cause. Legal cause is defined by Oregon law. The most common legal cause for eviction is the tenant's failure to pay rent. However, under Oregon law, the landlord can also evict the tenant for violating the lease or rental agreement or committing an illegal act on the premises of the rental unit (among other things). The first step in evicting the tenant for one of these reasons is to terminate the tenancy. This is done by giving the tenant notice. The type of notice will depend on the reason for the eviction.
For all tenancies other than week-to-week:
Oregon law allows landlords to terminate tenancies without cause under only limited circumstances.
Landlords may terminate a month-to-month tenancy without cause only during the first year of occupancy. During the first year, the landlord can give the tenant a 30-day notice to terminate. (Ore. Rev. Stat. § 90.427(3)(b).)
After the first year, landlords must have cause as described by Oregon law (such as the tenant’s violation of a lease term or the landlord’s desire to demolish the building). (Ore. Rev. Stat. § 90.427(3)(c).)
A landlord may terminate the tenancy during a fixed term (such as when the tenant has a lease or other written rental agreement for one year) only with cause and proper notice. (Ore. Rev. Stat. § 90.427(4)(a).) If the tenancy expires within the first year of occupancy, the landlord may terminate without cause by giving 30 days’ written notice. (Ore. Rev. Stat. § 90.427(4)(b).) If the tenancy terminates on a date after the first year of occupancy, the fixed-term tenancy becomes a month-to-month tenancy upon the expiration of the fixed term, unless the landlord and tenant agree to a new fixed-term tenancy, the tenant gives 30 days’ notice, or the landlord has cause to terminate and gives proper notice. (Ore. Rev. Stat. § 90.427(4)(c).)
Even when a landlord has a valid reason to evict a tenant, the tenant might decide to challenge the eviction in court. The tenant could also have a valid legal defense, such as the landlord retaliating against the tenant or failing to maintain the premises of the rental unit. The tenant’s decision to fight the eviction could lead to increased costs of the lawsuit for both the landlord and the tenant and allow the tenant more time to remain living in the rental unit. If a court finds that a landlord unlawfully removes or excludes a tenant from a rental, the tenant might be able to recover possession or recover the greater of up to two month’s rent or twice the tenant’s actual damages. (Ore. Rev. Stat. § 90.375.)
Even after a landlord wins an eviction lawsuit against a tenant, the landlord is not authorized to remove the tenant from the rental unit. Only a law enforcement officer with a court order can do that.
Tenants sometimes leave personal property behind at the rental unit after an eviction has occurred. If this happens, Oregon law requires the landlord to store the property in a safe location and then send a written notice to the tenant. This notice must inform the tenant of the property the tenant left behind and that the tenant has 30 days to claim the property. If the tenant does not claim the property within 30 days, then the landlord can dispose of it. The landlord can also charge the tenant for the costs of storing the property. (Ore. Rev. Stat. § 90.425.)
Landlords must carefully follow all the rules and procedures required by Oregon law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>The first step in the eviction process is to terminate the lease or rental agreement. A landlord can only do this if the landlord has legal cause. Legal cause is defined by Oklahoma law as unpaid rent, lease violations, and criminal activity. To terminate the tenancy for one of these reasons, the landlord must give the tenant notice. The type of notice will depend on the reason for the eviction.
See Okla Stat. Ann. tit. 41 § 132.
If a landlord does not have cause to terminate a lease or rental agreement, then the landlord must wait until the tenancy has expired. In some cases, the landlord may still need to give the tenant notice.
If the landlord wishes to end a month-to-month tenancy but does not have legal cause, then the landlord can give the tenant a 30-day notice. This notice must inform the tenant that the month-to-month tenancy will end in 30-days and that the tenant must be moved out of the rental unit by that time. If the tenant does not move out by that time, then the landlord can go to court and file an eviction lawsuit against the tenant (see Okla Stat. Ann. tit. 41 § 111).Oklahoma Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If the landlord wishes to end a fixed-term lease but does not have cause, then the landlord must wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so.
Even though a landlord may have valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a valid legal defense to the eviction, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. If the tenant fights the eviction, this could increase the costs of the eviction lawsuit and allow the tenant more time in the rental unit. Tenant Defenses to Evictions in Oklahoma has more information on this topic.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit in court. Even if the landlord is successful with the eviction lawsuit, the landlord still is not authorized to remove the tenant. Only a law enforcement officer with a court order can actually evict the tenant. It is illegal for the landlord to ever attempt to force the tenant to move out of the rental unit. Illegal Eviction Procedures in Oklahoma has more information on this topic.
The tenant might leave personal property in the rental unit after the tenant has been evicted. If this happens, the landlord must send written notice to the tenant, allowing the tenant 30 days to claim the property. During this 30-day period, the landlord must store the property in a safe location. If the tenant does not claim the property within 30 days of receiving notice, then the landlord can either dispose of the property or sell the property (see Okla. Stat. Ann. tit. 41 § 130)
Landlords must carefully follow all the rules and procedures required by Oklahoma law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the rules and procedures landlords must follow when evicting a tenant in New Jersey.
To terminate a tenancy early in New Jersey, a landlord must have cause, or a legal reason. The most common reasons for a landlord to end a tenancy early are when the tenant fails to pay rent, violates the lease or rental agreement, or commits an illegal act on the premises. In most of these cases, the landlord must provide the tenant with notice. The type of notice required (or not required) will depend on the reason for the termination.
For a more complete list, see New Jersey Stat. Ann. § § 2A:18-53(c) and 2A:18-61.2(a).
If a landlord does not have a legal reason to evict a tenant, then the landlord must wait until the end of the tenancy before expecting the tenant to move. However, depending on the type of tenancy, the landlord may still need to provide the tenant with a written notice to move.
If the landlord wishes to end a month-to-month tenancy, the landlord must give the tenant a written one-month notice. This notice must state that the tenancy will end at the end of the month, and the tenant must move out of the rental unit by that time. At the end of the month, if the tenant has not moved out of the rental unit, then the landlord can file an eviction lawsuit against the tenant on the grounds that the tenant is a holdover tenant (see New Jersey Stat. Ann. § 2A:18-56(b)). New Jersey Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If the tenant has a fixed-term lease or rental agreement, such as for one year or six months, then the landlord does not need to give the tenant any kind of notice to move, unless the terms of the lease specifically require it. The landlord can expect the tenant to move by the end of the lease term. If the tenant does not move out by the end of the lease term, then the landlord can file an eviction lawsuit against the tenant.
Even though a landlord may feel that an eviction is justified, a tenant may still decide to fight the eviction. This could delay the eviction and increase the costs of the lawsuit. The tenant could have several valid defenses against the eviction, including the landlord failing to follow proper eviction procedures or the landlord discriminating against the tenant.Tenant Defenses to Evictions in New Jersey has more information.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit. Even after winning the lawsuit, the landlord is not the one who will actually remove the tenant. This is done by a law enforcement officer. It is illegal for a landlord to force a tenant to move out of a rental unit, and the tenant can sue the landlord who tries. Illegal Eviction Procedures in New Jersey has more information on illegal evictions.
The landlord may find that the tenant has left personal property at the rental unit after the tenant has moved out. Before disposing of the property, the landlord must first notify the tenant of the property. To do this, the landlord must send the tenant notice through the mail (either certified mail or receipted first class) informing the tenant that the tenant has 33 days to claim the property or the landlord will dispose of it. If the tenant does not claim the property during the appropriate time frame, then the landlord can either sell the property or dispose of it. The landlord can also charge the tenant for the storage costs of the property during this time (see New Jersey Stat. Ann. § § 2A:18-72 through 2A:18-84).
Landlords must carefully follow all the rules and procedures required by New Jersey law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>For a landlord to evict a tenant before the tenant’s lease or rental agreement has expired, the landlord must have a valid legal cause. The most common cause for eviction is failure to pay rent. However, the landlord can also evict the tenant for violating the lease or rental agreement or using the rental unit for illegal activities. To evict a tenant for one of these reasons, the landlord must first terminate the tenancy. This happens when the landlord gives the tenant notice. The type of notice required will depend on the reason for the eviction.
See Mo. Rev. Stat. § § 441.020, 441.030, and 441.040.
A landlord must have cause to evict a tenant early. If the landlord does not have cause, then the landlord must wait until the term of the tenancy has expired before expecting the tenant to move. In some cases, the landlord will still need to give the tenant written notice to move.
If the landlord wants to end a month-to-month tenancy, then the landlord must provide the tenant with a written one-month notice, specifying the date by which the tenant needs to move. If the tenant does not move out by that date, then the landlord can file an eviction lawsuit against the tenant (see Mo. Rev. Stat. § 441.060). Missouri Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this subject.
If the landlord wants to end a fixed-term tenancy, such as, a lease for one year, but does not have cause, the landlord must wait until the tenancy has expired. The landlord does not need to provide the tenant with written notice to move unless the terms of the lease or rental agreement specifically requires it. At the end of the tenancy, the landlord can expect the tenant to move.
Even if a landlord has a valid legal cause to evict a tenant, the tenant may still choose to fight the eviction. The tenant could also have a valid legal defense, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. Fighting the eviction could increase the costs of the eviction lawsuit for both the landlord and the tenant and increase the amount of time the tenant has to stay in the rental unit. Tenant Defenses to Evictions in Missouri has more information on this topic.
The only way a tenant can be removed from the rental unit is when a landlord wins an eviction lawsuit against the tenant. Even then, the landlord is not the one who actually removes the tenant. Only a law enforcement officer has that authority. Missouri law has made it illegal for the landlord to force the tenant out of the rental unit, and the tenant can sue the landlord for damages if the landlord tries. Illegal Eviction Procedures in Missouri has more information.
After the tenant moves out of the rental unit, the landlord may find that the tenant has left behind personal property. Before the landlord can dispose of the property, the landlord must try to notify the tenant. The landlord must mail a written notice to the tenant’s last known address informing the tenant of the abandoned property and of the landlord’s desire to dispose of it. The tenant will have ten days to respond. If the tenant does not claim the property within ten days, then the landlord can dispose of it (see Mo. Rev. Stat. § 441.065). Handling a Tenant’s Abandoned Property in Missouri has more information on this topic.
Landlords must carefully follow all the rules and procedures required by Missouri law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>To evict a tenant early, that is, before the tenancy has expired, a landlord must have legal cause. The most common legal cause of eviction is failure to pay rent. However, the landlord can also evict the tenant who poses a harm to others on the property or the property itself, or the tenant who violates the lease or rental agreement.
If the landlord is evicting the tenant for failing to pay rent, the landlord is not required to give the tenant notice before filing the eviction lawsuit. As soon as rent is late, the landlord can go to court and file an eviction lawsuit against the tenant (see Md. Code Ann. [Real Prop.] § 8-401). Eviction Notices for Nonpayment of Rent in Maryland has more information.
In all other cases, the landlord must give the tenant the following type of notice:
If a landlord does not have legal cause to evict a tenant, then the landlord must wait until the end of the tenancy before expecting the tenant to move. The landlord may still need to give the tenant notice, depending on the type of tenancy.
If the tenant is in a month-to-month tenancy and the landlord wishes to end the tenancy, then the landlord must give the tenant a written one-month notice. This notice must inform the tenant that the tenancy will end at the end of one month and that the tenant must move out of the rental unit by that time. If the tenant does not move out by that time, then the landlord can file an eviction lawsuit against the tenant (see Md. Code Ann. [Real Prop.] § 8-402(b)(3)).Maryland Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If the landlord wishes to end a fixed-term lease, such as for one year, but the landlord does not have cause, then the landlord must wait until the term expires before expecting the tenant to move. Unless the lease or rental agreement says otherwise, the landlord is not required to give the tenant notice to move. The landlord can expect the tenant to move by the end of the term. If the tenant does not move, then the landlord can file an eviction lawsuit against the tenant.
Even if the landlord has cause to evict the tenant, the tenant may still fight the eviction in court. The tenant may have a valid defense, such as the landlord failing to maintain the rental unit or the landlord discriminating against the tenant. The tenant’s decision to fight the eviction could increase the cost of the lawsuit and increase the amount of time the tenant has to stay in the rental unit. Tenant Defenses to Evictions in Maryland has more information on this subject.
A tenant can only be removed from a rental unit after a landlord has won an eviction lawsuit against the tenant. Even then, the only person allowed to remove the tenant is a law enforcement officer. Maryland law has made it illegal for the landlord to force the tenant to move out of the rental unit through any other means. Illegal Eviction Procedures in Maryland has more information.
After the tenant is evicted, the landlord may find that the tenant has left behind personal property. If the rental unit is located within the Baltimore city limits, then this property is considered abandoned. The landlord does not need to send the tenant any kind of notification, and the landlord can dispose of the property in any legal way, such as, taking it to a landfill or donating it to charity (see Baltimore City Code, Article 13, § 8A).
If the rental unit is located outside the Baltimore city limits, Maryland law does not give much guidance on what the landlord should do with the tenant’s abandoned personal property. The best practice is for the landlord to try to notify the tenant of the abandoned property and the landlord’s desire to dispose of it. The landlord should give the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property, then the landlord can dispose it.
Landlords must carefully follow all the rules and procedures required by Maryland law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the different rules and procedures landlords must follow when evicting a tenant in Georgia.
For a landlord to terminate a tenancy early, the landlord must have cause, or a legal reason. In Georgia, those legal reasons are failing to pay rent or violating the terms of the lease or rental agreement. If a tenant fails to pay rent or violates the terms of the lease or rental agreement, the landlord must give the tenant a written notice, also called a demand, asking for rent to be paid or for the tenant to come into compliance with the lease or rental agreement. However, unlike most other states, George law does not state how long the landlord must wait before filing the eviction lawsuit. The landlord could give the tenant as little as 24 hours or as long as 10 days to comply with the notice. If the tenant does not comply, the landlord can file the eviction lawsuit (see Ga. Code Ann. § 44-7-50).
If a landlord does not have cause to terminate a tenancy early and evict a tenant, then the landlord must wait until the lease term has ended before expecting the tenant to move. In some cases, the landlord may still need to give the tenant written notice to move.
If a tenant is in a month-to-month tenancy and the landlord wishes to end the tenancy, the landlord needs to give the tenant a written 60-day notice. This notice will inform the tenant that the landlord is terminating the tenancy and the tenant must move out of the rental unit by the end of 60 days. If the tenant does not move out of the rental unit by that time, then the landlord can file an eviction lawsuit with the court (see Ga. Code Ann. § 44-7-7). For more information on this topic, check out Georgia Notice Requirements to Terminate a Month-to-Month Tenancy.
If a landlord does not have cause to evict a tenant who is in a fixed-term tenancy (such as for six months or one year), then the landlord must wait until the end of the term before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease or rental agreement specifically require the landlord to do so. The landlord can expect the tenant to move by the end of the term.
A tenant may choose to fight an eviction, even if the landlord feels positive that the eviction is justified. If the tenant chooses to fight the eviction, this could increase the amount of time the lawsuit will take. The tenant could have several potential defenses, including the landlord failing to maintain the rental unit or discriminating against the tenant. Tenant Defenses to Evictions in Georgia has more information on this topic.
A landlord must never attempt to force a tenant to move out of a rental unit. The only legal way to remove a tenant is for the landlord to file an eviction lawsuit and win it. Even after the landlord wins the lawsuit, only a sheriff or constable is allowed to remove, or evict, the tenant. Illegal Eviction Procedures in Georgia has more information on illegal eviction practices.
The landlord may find that the tenant has left personal property at the rental unit after moving out. If the tenant moved out of the rental unit at the natural end of the tenancy and not because of an eviction, then Georgia law does not give any guidance as to what the landlord should do with that property. The best practice will be for the landlord to try to contact the tenant and return the property, especially if it is something of value. If the tenant does not claim the property, then the landlord can dispose of it. Handling a Tenant’s Abandoned Property in Georgia has more information.
If the tenant moved out of the rental unit because the landlord won the eviction lawsuit, then Georgia law makes it very clear that any property left at the rental unit after the eviction has occurred is considered abandoned. The landlord does not have an obligation to try to return it to the tenant. The landlord can dispose of the property as soon as the eviction has occurred (see Ga. Code Ann. § 44-7-55). Handling a Tenant’s Property in Georgia: After an Eviction has more information.
Landlords must carefully follow all the rules and procedures required by Georgia law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>When you’re planning to dispose of property left behind by a tenant -- whether by tossing it, selling it, or giving it away -- many states require landlords to give notice to the tenant. You may also have to follow very specific rules about handling the property after the notice period has expired.
The notice must typically give the tenant a set amount of time to reclaim the property, after which you can take specific steps. A few states provide a notice form, which you may find printed in the state statutes. California requires landlords to go further and provide specific information regarding abandoned property on a variety of termination forms (Cal. Civ. Code § 1946 and § 1946.1).
Some state rules require specific information in the notice. Even if your state’s laws aren’t specific, your notice should include the following information:
It’s a good idea to have an objective person (such as another tenant in the building or a neighbor) witness your inventory of the abandoned property to protect yourself against charges that you have taken or destroyed any of the tenant’s property. Don’t open locked trunks or suitcases; just list the unopened containers. You might consider taking a photo or video of the property.
Here, you’re asked to guess what you could get for it on Craigslist or at a well-attended flea market or garage sale.
Many states require you to provide the address of the rental premises or an outside storage place.
State law may dictate this time period.
State law may also set out these rules.
Mail your notice “return receipt requested” so that you will have proof that the tenant received it. The receipt will be useful if the ex-tenant shows up months later, looking for belongings left behind.
If the ex-tenant doesn’t contact you within the time specified in the notice, follow your state rules regarding what to do with property. In some states, landlords are pretty much free to do what they want if the tenant does not respond within the specified amount of time, such as 30 days -- that is, you may throw the property out, sell it, or donate it. You may also be able to use the abandoned property to satisfy unpaid rent or damages. Other states require you to give the property to the state.
Depending on how thoroughly your state has regulated this area, you may find rules on the following issues:
Several states allow landlords to keep or dispose of property only if the expense of storing or selling it exceeds a specified figure (such as a few hundred dollars) or the property’s value.
Some states require landlords to inventory, store, and sell tenants’ property. A few require landlords to sell the property at a public sale (supervised by a licensed and bonded public auctioneer) after first publishing a notice in the newspaper.
States that require you to store and sell the property on behalf of the tenant also allow you to use any money you make from the sale to cover the costs of advertising and holding the sale and storing the property. For example, you may be able to charge the tenant the prorated daily rental value for keeping the property on your premises or any out-of-pocket costs you incur for storing the property.
As mentioned above, some states allow you to use the proceeds to pay for any money owed to you by the tenant -- for example, for unpaid rent or damage to the premises. In many states, the excess proceeds of selling the tenant’s property belong to the tenant, or you may be required to pay the balance to a government agency, such as the State Treasurer. State rules are often very specific on this issue; don’t just keep sale proceeds without a clear understanding of your state’s law.
To find out whether your state has a rule requiring you to give notice, you’ll need to look up the law yourself or get professional help.
To find out what laws your state has on the books, see State Laws on Handling Abandoned Property. There, you’ll find the statute numbers you’ll need to look up. If, after reading the laws, you don’t find a statute covering notice requirements, there’s one more step to take. In some states, courts have stepped in to create notice rules. That means you should find and read any cases that have interpreted your state’s abandoned property laws. (For tips, see the Legal Research section on Nolo.com.)
You can often get good information and advice by talking with other landlords. You may want to search online for your local or state rental property associations. One place to begin your search is the National Apartment Association, an organization whose members include many state associations. Also, the National Multifamily Housing Council offers many opportunities for networking and information sharing.
A qualified lawyer can help you find and understand the rules that apply to your situation. You can search for an experienced landlord-tenant attorney using Nolo’s Lawyer Directory.
To learn the basics of how abandoned property laws work, see Handling a Tenant’s Abandoned Property: An Overview.
For tips on what to do if the tenant owes you money, see Handling a Tenant’s Abandoned Property When the Tenant Owes You Money.
For more information about your rights and responsibilities as a landlord, see the Landlords section of Nolo.com.
This article was adapted from Every Landlord’s Legal Guide, the most comprehensive and up-to-date legal and practical guide for residential landlords, by Marcia Stewart, Ralph Warner, and Janet Portman (Nolo).
]]>If your tenant has done something wrong, you’ll usually want the tenant out sooner. State laws allow landlords to do this by serving the tenant with one of three different types of termination notices, depending on the reason why you want the tenant to leave.
These are used when the tenant has not paid the rent. Pay rent or quit notices give the tenant a few days (three to five in most states) to pay the rent or move out (“quit”). See the state-by-state rent rules included on this site for the amount of time your state requires.
These are typically given after a tenant has violated a term or condition of the lease or rental agreement, such as:
Typically, the tenant has a set amount of time (this can vary from three to 30 days, depending on the state) in which to correct, or “cure,” the violation—for example, by getting rid of the pet or the unauthorized roommate or toning down the late night noisy parties. A tenant who fails to cure the violation must move or face an eviction lawsuit.
A tenant who has violated the same lease clause two or more times (for example, by paying rent late) within a certain period of time may lose the right to a second chance. You may give the tenant an Unconditional Quit notice instead, which orders the tenant to vacate the premises within a short period of time, such as five to ten days, with no chance to pay the rent or correct the lease or rental agreement violation.
An Unconditional Quit notice may also be used for lease violations that cannot be corrected or cured because the effect of the violation is permanent. For instance, suppose your lease prohibits tenant alterations or improvements without your consent. If, without asking, your tenant removes and discards built-in bookcases, you cannot demand that the tenant cease violating the lease clause, because it is simply too late to save the bookcases.
If a tenant or guest substantially damages the premises or is engaged in illegal activity, such as drug dealing on or near the premises, you’ll also be within your rights to use an Unconditional Quit notice. The law does not require you to give tenants accused of serious misbehavior a second chance.
If the tenant fails to leave in the time period specified in your Unconditional Notice to Quit, you may file an eviction lawsuit.
Many states have all three types of notices on the books. But, in some states, Unconditional Quit notices are the only notice statutes (in which case, landlords don’t need to give tenants a second chance to pay the rent or correct the lease violation).
States typically have standards for the content (such as notice period) and look of a termination notice, requiring certain language and specifying size and appearance of type.
For the details and citations to your state’s statutes on termination notices, see the Nolo charts State Laws on Termination for Violation of Lease and State Laws on Unconditional Quit Terminations. Also, see the Nolo article on Protections for Tenants Who Are Victims of Domestic Violence to see if your state law sets out some exceptions to your state termination rules.
]]>Landlords must always adhere to the law and follow specific steps to complete an eviction under North Carolina’s landlord-tenant law. (N.C. Gen. Stat. § § 42-25.6 and following.) Even when an eviction is justified, it may be defendable, on various grounds—for example, a tenant may claim that the eviction is illegal because the landlord used “self-help” measures such as shutting off the utilities.
This article summarizes the eviction process in North Carolina. For details on common defenses a tenant may use in fighting an eviction, see the Nolo article Tenant Defenses to Eviction Notices in North Carolina.
In order to evict a tenant in North Carolina, the landlord must first serve the tenant with the appropriate termination notice. The type of notice depends on the reason for the termination.
If the reason the landlord wants to evict the tenant is due to nonpayment of rent, the landlord must generally give the tenant a ten-day “notice to quit” before starting the eviction process. (N.C. Gen. Stat. § 42-3.) The purpose of this notice is to demand payment and it is therefore colloquially called a notice to “quit or pay.” If the tenant does not pay rent within the ten days, the landlord can proceed to file eviction papers on the 11th day.
At the end of a lease term, a landlord and a tenant both have an option to renew the lease or rental agreement. A landlord who does not wish to renew the agreement is not obligated to do so. In that case, the tenant must surrender possession of the leased premises at the end of the lease. A “holdover tenant” is one who, without the consent of the landlord, remains in possession of the premises after the expiration of the lease. (N.C. Gen. Stat. § 42-26.)
Depending on the term of the lease, a landlord must provide one of the following termination notices before the end of the then-current lease:
(See N.C. Gen. Stat. § 42-14.)
When the lease expires, the landlord is not required to give the tenant any options. The above-listed termination notices, also called “unconditional notices to quit,” simply notify the tenant when the lease is due to expire and state a deadline by which the tenant must vacate the premises. If the tenant does not move out by the specified date, the landlord can proceed with the eviction without further notice.
Importantly, the landlord must not accept any payment after the expiration of the lease term and before filing a complaint. This includes partial payment. Doing so may create a new tenancy based on the same terms as the original lease or rental agreement. (See Kearney v. Hare, 265 N.C. 570, 144 S.E. 2d 636 (1965).)
A landlord has the legal right to evict a tenant who breaches or violates an explicit condition of the lease. Damaging the rental property, disturbing the neighbors, housing a pet if the lease or rental agreement prohibits pets, or bringing in an unauthorized tenant are all examples of common violations. Note that willful or intentional destruction of the leased premises could also result in a misdemeanor charge in North Carolina. (N.C. Gen. Stat. § 42-11.)
A landlord is not legally obligated to give a tenant an opportunity to cure a lease violation before commencing eviction proceedings. Unlike the evictions previously discussed, there are no minimum notice requirements. Unless the lease requires notice and an opportunity to cure, the landlord can file eviction papers upon learning of a violation.
Expedited eviction is available to landlords seeking to evict drug traffickers and other criminals in North Carolina.
Prior to filing eviction papers, a landlord must first terminate the tenancy using the notice requirements described above. After the landlord has served proper notice and the deadline to pay rent or vacate the premises has expired, the landlord may need to initiate court proceedings to expel the tenant from the premises.
The landlord will initiate court proceedings by filing eviction papers in the appropriate small claims court or district court. The landlord should file the papers in the same county where the rental property is located. Small claims courts in North Carolina are appropriate venues for actions in which the damages sought do not exceed $10,000. This amount may be different in some counties. A landlord who claims that a tenant owes more than $10,000 should file the eviction papers in district court.
A complaint is a legal document that sets out the reasons one party seeks legal action against another. A clerk will provide a standard form titled “complaint in summary ejectment.” When filling out the complaint, the landlord must list as “defendants” all tenants whose names appear on the lease or rental agreement. Failing to do may prolong the eviction process.
A summons is a legal document that notifies a defendant that an action has been commenced. The summons will state a date and time on which the tenant should appear at a specified location to answer the complaint (a “hearing date”).
Once the landlord files the eviction papers, the tenant is served with the summons and a copy of the complaint. Usually, the county sheriff will personally serve the tenant at his or her home. Upon receiving these papers, the tenant may vacate the premises. Alternatively, the tenant may choose to fight the eviction by presenting defenses at the eviction hearing.
The tenant is not required to be present at the eviction hearing; however, it is advisable to do so. Failing to appear will guarantee an automatic win for the landlord—a “default judgment.” Even worse, if the landlord is seeking money damages, a money judgment may be entered against the tenant. These results may negatively impact the tenant’s rental and credit history.
Tenants should check the complaint. The tenant’s presence at the eviction hearing is not necessary if: 1) the landlord is merely seeking possession of the leased premises (and not claiming that the tenant owes money), and 2) the tenant is willing to move out and does not wish to fight the eviction.
If the tenant chooses to fight the eviction, the tenant must appear at the eviction hearing. At the hearing, the landlord will speak first and present his or her case to the judge or magistrate. Most landlords lose eviction hearings because they lack proper documentation. Thus, a landlord should at least bring the following two items to the eviction hearing:
Next, the tenant will have an opportunity to speak. If the tenant has defenses to the eviction, such as improper notice, “self-help” methods, or retaliatory eviction, the tenant should present those defenses at this time. The tenant may use any evidence in support of his or her case. The tenant may therefore bring the following to the court:
This list is not exclusive. The tenant should bring whatever evidence supports his or her case.
Once the landlord and the tenant finish presenting their cases, the judge will consider the evidence. The judge will determine whether the landlord is entitled to possession of the premises and will likely render a decision on the spot. If the landlord wins the eviction hearing, a judgment will be entered in his or her favor. The tenant will then have ten days to appeal the decision. Note that the tenant may be ordered to make bond payments to the court while an appeal is in progress. If the tenant fails to make bond payments, the landlord can cancel the appeal. If the tenant chooses not to appeal or loses the appeal, the tenant must vacate the premises.
After winning the eviction hearing or appeal, the landlord will file for a “writ of possession,” which allows the landlord to forcibly remove the tenant from the premises. The landlord must wait ten days after the initial judgment before filing for a writ of possession. The landlord may file for a writ of possession immediately after winning an appeal. If the tenant remains on the property, the county sheriff will accompany the landlord and padlock the premises within seven days of receiving the writ of possession.
The landlord will also have ten days to appeal an unfavorable decision. If the tenant wins the eviction hearing (or the appeal, if one is sought), the eviction will be stayed and the tenant will be able to remain on the premises.
For an overview of landlord-tenant law and eviction rules and procedures, see the Renting and Evictions section of LawHelpNC.org, and HUD.gov. To read the law itself, see Chapter 42: Landlord and Tenant of the North Carolina General Statutes. To find legal help to assist with an eviction, check out the North Carolina landlord-tenant attorneys in Nolo’s Lawyer Directory.
]]>If you’re a renter who’s discovered that your rental property is facing or is under foreclosure, here’s some guidance on how to navigate the situation.
When an owner defaults on a mortgage, it means that they have failed to comply with the terms of the promissory note or mortgage (or deed of trust) they signed when they took out the loan to purchase the property. Most often, the owner goes into default when they don’t make the required monthly payments. A default occurs as soon as a payment is missed.
In general, when the owner fails to make the payments on their mortgage for more than 120 days, the lender can begin the foreclosure process. This means that the lender can use state procedures to sell the house to repay the debt. (Foreclosure procedures vary from state to state.)
When the foreclosure is complete, there’s a new owner of the property—most often a bank. The bank can hold onto the property or sell it. Many banks will pay a servicing company to handle the property post-foreclosure. But don't expect active property management—these companies are focused on financial matters, not mundane things like maintenance.
Lending banks (the mortgage holders) typically attach a rider, or special agreement, to the mortgage or deed of trust documents when a buyer intends to use the building as a rental. This rider, called a 1-4 Family Rider (Assignment of Rents), is used by lenders in every state for one- to four-unit investment properties and two- to four-unit principal residences. Its main purpose is to give the lender the right to receive the rent when the buyer has defaulted on the mortgage. (You can get a copy of the 1-4 Family Rider from the Fannie Mae website.)
To understand how the rider works, think like a banker for a minute. The property is generating income and the buyer is falling behind on the mortgage. In order to cut its losses as quickly and as thoroughly as possible, the lender wants to get its hands on the rent.
Once the lender gives the owner a written notice of default, lenders in most states have the right to receive the rent directly from the tenants. Lenders have to give written notice to the tenants, and they typically do so by letter, posted notice on the property, or in person.
The 1-4 Family Rider is a standard form that's used for small properties (four or fewer rental units). Banks and buyers use a standard form because they assume that the relatively small size of the deal doesn't merit lengthy negotiations between the parties.
Larger properties almost always have the same sort of arrangement—if the owner falls behind on the mortgage payments, the lender gets the right to receive the rent. Usually, these arrangements are negotiated by the banks and the buyers' lawyers and might include unique provisions that are hammered out by the parties.
As far as tenants are concerned, though, when it comes to paying rent, the bottom line is the same: With proper notice, they will be expected to pay the rent to the bank.
Before President Obama signed the "Protecting Tenants at Foreclosure Act of 2009," most renters lost their leases upon foreclosure. But this legislation provided that leases would survive a foreclosure. The tenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out.
An exception was carved out for the buyer who intends to live on the property—this buyer may terminate a lease with 90 days' notice. Importantly, the law provides that any state legislation that is more generous to tenants will not be preempted by the federal law. These protections apply to Section 8 tenants, too.
The federal law came to an end on December 31, 2014, but was restored on June 23, 2018, as part of the Economic Growth, Regulatory Relief, and Consumer Protection Act. Also, many states and municipalities continue to provide the same protection.
Local laws may come into play, too. Tenants who live in states or cities with "just cause" eviction protection as part of a rent control law are also protected from terminations at the hands of an acquiring bank or new owner. These tenants can rely on the law’s list of allowable reasons for termination. Because a change of ownership, without more, does not justify a termination, the fact that the change occurred through foreclosure will not justify a termination.
During the default and foreclosure process, even though the bank is receiving the rent payments, all other rights and responsibilities that the owner/landlord has with respect to the tenants remain in place. Until the bank actually forecloses, the owner is still the owner. This leads to problems if the tenants need maintenance or repairs done on the rental unit.
Landlords who are in foreclosure are often unwilling to make repairs: Without a source of income from the rental property, most owners will be unable (or unwilling) to maintain it. For the tenant, however, the owner's disillusionment is beside the point, because in every state, landlords must maintain fit and habitable rental housing. So how does a tenant enforce this right against a demoralized (and possibly broke) owner?
According to the Family Rider, the lender must apply the rent money to property management costs, including maintenance, before it applies the money to the unpaid mortgage. But the Rider explicitly does not obligate the lender to assume the maintenance duties of the owner. Unless there's a specific local or state law to the contrary, the lender's right to receive rent money doesn't turn that lender into the landlord for purposes of maintaining the property.
If conditions seriously deteriorate to the point where the home is not fit to live in, tenants might find themselves stuck between an owner who has no ability to take care of business, and a lender who has no obligation to do so.
Self-help remedies are tricky. Tenants might need to avail themselves of a tenant's "self-help" remedy, such as rent withholding and repair-and-deduct (note that only some states give these remedies to tenants).
But here is where things get tricky: Rent withholding and repair-and-deduct work because they pressure owners to take care of repairs so that they can receive the rent. But banks aren’t familiar with property management and maintenance, and they have no legal obligation to maintain the property (the owner retains that duty). Not paying the bank isn’t likely to result in prompt attention to that leaking roof or broken water heater—it's more likely to result in a notice to vacate or, particularly in situations where tenants survive the foreclosure, continued inattention until conditions deteriorate further.
In many cities, housing and health departments are charged with responding to unsafe and unsanitary conditions in rental housing. They typically have powers that range from ordering the owners to take care of business (under threat of contempt of court), to taking over the property altogether and running it until they've fixed the problems (and charging the owner for the privilege).
Although these government agencies can, and should, still do their jobs, their intervention might be ineffective. The agencies will be dealing with an owner who has no resources to contribute (and who might even be impossible to locate), and a bank who has no legal duty to step up. Results will differ when the government takes over because the efficiency of local and state agencies varies tremendously.
New owners might want to terminate existing tenants because they believe that vacant properties are easier to sell. Common sense suggests otherwise. In many situations a building full of stable, rent-paying tenants will be more valuable (and command a higher price) than an empty building. Emptied buildings are also prone to vandalism and other deterioration—after all, no one is on site to monitor their condition. When entire neighborhoods become a wasteland of empty foreclosed multifamily buildings, their value drops even further. It's hard to understand why new owners choose to pay lawyers to start eviction procedures instead of paying a modest fee to a management company to collect rent and manage the property while they wait to sell.
Cash for keys. To encourage tenants to leave quickly and save on the court costs associated with an eviction, banks often offer tenants a cash payout in exchange for their rapid departure. Thinking that they have little choice, many tenants—even Section 8, protected tenants—take the deal. It doesn't help them much as they join the swelling ranks of newly displaced tenants (and former homeowners) who are competing to find an affordable new rental.
Thanks to the legislation explained above, most tenants with leases will keep their leases, and month-to-month tenants will have at least 90 days to relocate. Tenants with leases have no legal recourse against their former landlords, because they are in the same position with the new owner as they were with the old: The lease survives and ends as it would had there been no foreclosure. Similarly, month-to-month tenants always know that they can be terminated with proper notice.
However, a lease-holding tenant whose rental has been bought by a buyer who wants to move in to the property might end up less fortunate than before the foreclosure—these tenants might lose their lease with the state-required notice, a result that probably would not have happened had the owner simply sold the property to a buyer who intended to occupy the property. (Normally, the new owner has to wait until the lease ends, absent a lease clause providing for termination upon sale, though such clauses might not be legal in all situations.)
A lease-holding tenant who has to move out so that new owners may move in might consider suing their former landlord in small claims court. Here's how it works.
After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the "covenant of quiet enjoyment." A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes.
Small claims court is a perfect place to bring such a lawsuit. The tenant can sue the original landlord for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease. Though the former owner probably isn’t flush with money, the awards in these cases won't be very much, and the court judgment and award will stay on the books for many years. A persistent tenant can probably collect what's owed eventually.
For more information on suing a landlord in small claims court, see Everybody's Guide to Small Claims Court or Everybody's Guide to Small Claims Court in California.
]]>A landlord who wants to evict a tenant must first determine if there is legal cause for an eviction. Wyoming law sets forth all the reasons the tenant can be evicted, and the landlord must have one of these reasons before filing an eviction lawsuit against the tenant. According to Wyoming law, the tenant can be evicted for:
In all these cases, the landlord must terminate the tenancy before filing the eviction lawsuit. This is done by giving the tenant a three-day notice to quit. The notice to quit must be in writing, and it must inform the tenant that because of the tenant’s actions, the landlord is terminating the tenant’s lease or rental agreement. The tenant must move out of the rental unit within three days of receiving the notice, or the landlord can file an eviction lawsuit against the tenant (see Wyo Stat. § § 1-21-1002 and 1-21-1003).
If a landlord wants a tenant to move but does not have legal cause to evict the tenant, then the landlord has to wait until the tenant’s lease or rental agreement has expired before expecting the tenant to move. In some cases, the landlord might still need to give the tenant written notice to move.
If a landlord wants to end a month-to-month tenancy but does not have legal cause to evict a tenant, then the landlord will have to terminate the tenancy. Unlike most states, Wyoming law does not specify how much notice a landlord must give a month-to-month tenant when terminating the tenancy for no cause. It is reasonable, though, for the landlord to give the tenant at least a 30-day notice in writing. This notice should inform the tenant that the landlord is ending the month-to-month tenancy and that the tenant must move out of the rental unit by the end of 30 days. If the tenant does not move out of the rental unit by that time, then the landlord can file an eviction lawsuit against the tenant. Wyoming Notice Requirements to Terminate a Month-to-Month Tenancy has some more information on this subject.
If the landlord wants a tenant with a fixed-term lease (that is, a lease with a specific end date) to move but does not have legal cause for eviction, then the landlord has to just wait until the lease has ended before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant does not move out by the end of the lease term, then the landlord should stop accepting rent from the tenant and proceed with an eviction lawsuit.
Even though a landlord might have a valid legal cause to evict a tenant, the tenant could still choose to fight the eviction. The tenant could have a valid legal defense against the eviction, such as the landlord retaliating against the tenant or failing to maintain the rental unit. The tenant’s decision to fight the eviction could lead to increased legal fees for both the landlord and the tenant or allow the tenant more time to remain living in the rental unit.Tenant Defenses to Evictions in Wyoming has more information.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, a law enforcement officer—not the landlord—will be the one who actually evicts the tenant. It is illegal for the landlord to ever try to force the tenant to move out of the rental unit. Illegal Eviction Procedures in Wyominghas more information on this topic.
The landlord might find that the tenant has left behind personal property after being evicted from the rental unit. If the items left behind are clearly garbage, then the landlord is free to dispose of them. If the items have value, the landlord must inventory and store the property in a safe location. The landlord then needs to send the tenant a written notice allowing the tenant seven days to claim the property. The landlord can charge the tenant for the reasonable costs of storing the property, and the landlord can prohibit the tenant from claiming the property until the tenant pays the landlord those costs. If the tenant contacts the landlord and claims the property, then the landlord must give the tenant an additional seven days to remove the property from the landlord’s possession. If the tenant never claims the property or removes it from the landlord’s possession within the appropriate time frames, then the landlord can dispose of the property (see Wyo Stat. § 1-21-1210). Handling a Tenant’s Abandoned Property in Wyoming has more information on this subject.
Landlords must carefully follow all the rules and procedures required by Wyoming law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>A landlord must have cause, or a legal reason, when evicting a tenant. Alaska law only lets the landlord evict the tenant for certain reasons, such as failing to pay rent or violating the lease or rental agreement. Once the landlord establishes legal cause, then the landlord must terminate the tenant’s lease or rental agreement. The landlord does this by giving the tenant written notice. The type of notice the landlord uses will depend on the reason for the eviction.
If the landlord does not have legal cause to evict the tenant but wants the tenant to move out of the rental unit anyway, the landlord must wait until the lease or rental agreement has expired before expecting the tenant to move. In some cases, the landlord will still need to give the tenant written notice to move.
A landlord who wants to end a month-to-month tenancy but does not have cause to evict the tenant, must give the tenant a written 30-day notice to quit. This notice must inform the tenant that the landlord is terminating the month-to-month tenancy and that the tenant must move out of the rental unit by the end of the notice period. If the tenant does not move out of the rental unit in time, then the landlord can proceed with an eviction lawsuit against the tenant (see Alaska Stat. § 34.03.290). Alaska Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
A landlord who wants a tenant with a fixed-term lease (that is, a lease with a specified end date) to move but does not have legal cause to evict the tenant, must wait until the lease has ended before expecting the tenant to move. Unless the terms of the lease specifically require it, the landlord is not required to give the tenant written notice to move. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should stop accepting rent from the tenant and proceed with an eviction lawsuit against the tenant.
Although a landlord may have a valid legal cause to evict a tenant, the tenant can always choose to fight the eviction. The tenant could have a valid legal defense against the eviction, such as the landlord retaliating against the tenant or failing to maintain the rental unit. The tenant’s decision to fight the eviction could lead to increased legal fees for both the landlord and the tenant or allow the tenant to remain living in the rental unit for a longer period of time. Tenant Defenses to Evictions in Alaska has more information on this topic.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, a law enforcement officer, not the landlord, will be the one who actually evicts the tenant. It is illegal for the landlord to try to force the tenant to move out of the rental unit, and the tenant can sue the landlord for trying.Illegal Eviction Procedures in Alaska has more information.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property at the rental unit. The landlord is not allowed to immediately dispose of this property, unless the items are perishable (such as, food left in the refrigerator). Instead, the landlord must store the property in a safe location and send the tenant a 15-day notice to claim the property. If the tenant does not claim the property within 15 days, then the landlord can dispose of the property, through sale or otherwise (see Alaska Stat. § 34.03.260). Handling a Tenant’s Abandoned Property in Alaska has more information for landlords who find themselves in this situation.
Landlords must carefully follow all the rules and procedures required by Alaska law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>A landlord who wants to evict a tenant before the tenant’s lease or rental agreement has ended must have legal cause for eviction. There are several different types of legal cause, as defined by Rhode Island statutes, including failing to pay rent or violating the lease or rental agreement. The first step in the eviction process is for the landlord to give the tenant written notice. The type and length of the notice will depend on the reason, or legal cause, for eviction.
For details, see R.I. Gen. Laws § § 34-18-2434-18-36(f)
A landlord who does not have legal cause to evict a tenant, but wants the tenant to move anyway, must wait until the tenancy has expired before expecting the tenant to move. In some instances, the landlord will still need to give the tenant written notice to move.
A landlord who wants to end a month-to-month tenancy, but does not have legal cause to evict the tenant, can give the tenant a written 30-day notice to move. This notice must explain to the tenant that the landlord is terminating the tenancy and that the tenant must move out of the rental unit by the end of 30 days. If the tenant does not move out of the rental unit in time, then the landlord can proceed with an eviction against the tenant (see R.I. Gen. Laws § 34-18-37). Rhode Island Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this subject.
A landlord who wants a tenant with a fixed-term lease to move, but does not have legal cause to evict the tenant, must wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should stop accepting rent from the tenant and proceed with an eviction lawsuit against the tenant.
A tenant might still decide to fight an eviction, even if a landlord has legal cause to evict the tenant. The tenant could have a valid legal defense against the eviction, such as the landlord failing to maintain the rental unit or discriminating against the tenant. The tenant’s decision to fight the eviction could lead to increased legal costs or allow the tenant more time to stay living in the rental unit. Tenant Defenses to Evictions in Rhode Island has more information on this topic.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, the landlord is not the one who actually evicts the tenant. This can only be done by a law enforcement officer with a court order. It is illegal for the landlord to ever try to force the tenant to move out of the rental unit, and the tenant can sue the landlord for trying. Illegal Eviction Procedures in Rhode Island has more information.
The landlord might find that after the tenant has been evicted, the tenant has left behind personal property. If the landlord believes the personal property has value, then the landlord should not just get rid of the property. The landlord should store the property in a safe location and try to contact the tenant, allowing the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property within a reasonable amount of time, then the landlord can dispose of the property.
Landlords must carefully follow all the rules and procedures required by Rhode Island law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>A Montana landlord who wishes to evict a tenant before the tenant’s lease or rental agreement has expired must have a valid reason to do so. Under Montana law, common examples of acceptable reasons to evict tenants are failure to pay rent and violation of the lease or rental agreement. Courts often refer to a landlord’s valid reason to evict as “legal cause.”
When a Montana landlord has legal cause (such as a failure to pay rent) to evict a tenant, the landlord must terminate the tenancy before filing an eviction lawsuit. Termination of a tenancy is accomplished through providing the tenant with written notice of the termination. What type of notice the landlord must give to the tenant depends on the reason (legal cause) the landlord has for evicting the tenant. The following are the types of termination notices recognized by Montana law.
(Mont. Code Ann. § 70-24-422(1) (2021).)
A landlord who wants a tenant to move, but does not have legal cause to evict the tenant, must wait until the tenant’s tenancy has ended before expecting the tenant to move. In some instances, the landlord will still need to give the tenant written notice to move.
A Montana landlord who wants to end a month-to-month tenancy, but does not have legal cause for eviction, can give the tenant a written 30-day notice. This notice must inform the tenant that the landlord is ending the month-to-month tenancy and that the tenant must move out of the rental unit by the end of 30 days. If the tenant does not move out in time, then the landlord can proceed with an eviction against the tenant. (Mont. Code Ann. § 70-24-441 (2021).)
A landlord who wants a tenant with a fixed-term lease (that is, a lease with a specified end date) to move, but does not have legal cause for eviction, must wait until the lease has ended before expecting the tenant to move. The landlord is not required to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should stop accepting rent from the tenant and proceed with an eviction lawsuit.
Even though a landlord might have a valid legal cause to evict a tenant, the tenant could still decide to fight the eviction. The tenant could also have a valid legal defense against the eviction, such as the landlord discriminating against the tenant or failing to maintain the rental unit. If the tenant chooses to fight the eviction, there could be unexpected consequences, such as increased legal costs for both the landlord and the tenant or the tenant being allowed to remain living in the rental unit for a longer period of time.
The only legal way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit against the tenant. Even then, the landlord is not the one who will actually evict the tenant. Only a law enforcement officer with a court order can physically remove a tenant. It is illegal for the landlord to try to force the tenant to move out of the rental unit, and the tenant can sue the landlord for attempting an illegal eviction.
After the tenant has been evicted, the landlord might find personal property left behind in the rental unit. If the personal property has any value, then the landlord cannot just throw it away. Under Montana law, after an eviction, the landlord can move the abandoned property to a safe location. The landlord must make reasonable efforts to notify the former tenant in writing that the former tenant has ten days to claim the property before the landlord disposes of it. If the tenant responds within this ten-day period, then the tenant will have another seven days to actually remove the property from the landlord’s storage. The landlord can charge the tenant for the costs of storage and can prohibit the tenant from taking the personal property until the tenant has paid the landlord the storage costs. If the tenant does not claim the property in time, then the landlord can dispose of it. (Mont. Code Ann. § 70-24-430 (2021).)
Landlords must carefully follow all the rules and procedures required by Montana law when evicting a tenant; otherwise, a court will likely not order an eviction. Although these rules and procedures might seem burdensome, they help ensure that the eviction is justified and that the tenant has enough time to find a new home. For more information about evictions in Montana, check out Montana Legal Services Association's brochure, What You Should Know About Evictions in Montana.
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To evict a tenant, a landlord must have legal cause. Legal cause provides the basis for the lawsuit, and it has been defined by Delaware law as failure to pay rent, violation of the lease or rental agreement, irreparable harm to another person or the rental property, or violation of the law. To evict the tenant for one of these reasons, the landlord must first terminate the rental agreement. This is done by giving the tenant written notice.
If a landlord does not have legal cause to evict a tenant but wants the tenant to move out anyway, the landlord has to wait until the lease or rental agreement has expired. In some cases, the landlord might still need to give the tenant written notice to move.
A landlord who wants a tenant with a month-to-month tenancy to move, but does not have legal cause to evict the tenant, can give the tenant a written 60-day notice to move. The 60 days will begin on the first day of the month following the notice. For example, if the landlord gives the tenant notice on March 15, the 60-day time period will begin starting April 1. This notice must inform the tenant that the landlord is terminating the month-to-month tenancy and that the tenant must move out of the rental unit by the end of the 60-day time period. If the tenant does not move out in time, then the landlord can file an eviction lawsuit against the tenant (see Del. Rev. Stat. Ann. tit. 25 § 5106). Delaware Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this subject.
A landlord who wants a tenant with a fixed-term lease (that is, a lease with a specific end date) to move, but does not have legal cause to evict the tenant, must wait until the lease has ended before expecting the tenant to move. The landlord is not required to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so. If the tenant does not move out of the rental unit by the end of the lease term, then the landlord should stop accepting rent from the tenant and begin the eviction process.
A tenant can always choose to fight an eviction, even if a landlord has a valid legal cause to evict the tenant. The tenant could also have a valid legal defense against the eviction, such as the landlord discriminating or retaliating against the tenant. The tenant’s decision to fight the eviction could lead to increased legal costs for both the landlord and the tenant and could allow the tenant more time to remain living in the rental unit. Tenant Defenses to Evictions in Delaware has more information.
A landlord can only remove a tenant from a rental unit after the landlord has won an eviction lawsuit against the tenant. Even then, the landlord is not the one who will actually evict the tenant; that will be done by a law enforcement officer with a court order. Delaware law has made it illegal for the landlord to do anything, other than file a legal eviction lawsuit, that forces the tenant to move out of the rental unit, and the tenant can sue the landlord for trying. Illegal Eviction Procedures in Delaware has more information on this topic.
After the eviction, the landlord might find that the tenant has left behind personal property at the rental unit. The landlord must store the personal property for seven days after the date of the eviction. If the tenant does not claim the property during those seven days, then the landlord can consider the property abandoned and dispose of it (see Del. Rev. Stat. Ann. tit. 25 § 5715). Handling a Tenant’s Abandoned Property in Delaware has more information for landlords who find themselves in this situation.
Landlords must carefully follow all the rules and procedures required by Delaware law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>If a landlord wants to evict a tenant, the landlord must have legal cause. Kansas statutes define legal cause as either failure to pay rent or violation of the lease or rental agreement. If evicting the tenant for one of these reasons, the landlord must give the tenant written notice. If the tenant does not comply with the notice, then the landlord can terminate the tenancy. The type of notice the landlord gives to the tenant will be different depending on the reason for the eviction.
If the landlord wants to evict a tenant but does not have legal cause, then the landlord must wait until the tenancy has ended before expecting the tenant to move. In some cases, the landlord will still need to give the tenant written notice to move.
A landlord who wants to end a month-to-month tenancy but does not have legal cause to evict the tenant, can give the tenant a 30-day notice. This notice will inform the tenant that the landlord wishes to end the month-to-month tenancy and that the tenant must move out of the rental unit in 30 days. If the tenant does not move out of the rental unit by the end of 30 days, then the landlord can file an eviction lawsuit against the tenant (see Kan. Stat. Ann. § 58-2570). Kansas Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
A landlord who wants to end a fixed-term lease but does not have legal cause to evict the tenant, must wait until the lease has expired before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the terms of the lease specifically require the landlord to do so.
Even if a landlord has a valid legal cause to evict a tenant, the tenant might still decide to fight the eviction. The tenant could have a valid legal defense against the eviction, such as the landlord discriminated against the tenant or failed to maintain the rental unit. The tenant’s decision to fight the eviction could increase the costs of the eviction or allow the tenant to remain living in the rental unit for longer. Tenant Defenses to Evictions in Kansas has more information on this subject.
It is illegal for a landlord to force a tenant to move out of a rental unit. The only way the landlord can remove the tenant from the rental unit is by winning an eviction lawsuit against the tenant. At that point, only a law enforcement officer with a court order has the authority to actually evict the tenant. If the landlord tries to force the tenant to move out of the rental unit, the tenant can sue the landlord for damages. Illegal Eviction Procedures in Kansas has more information.
After the tenant has been evicted, the landlord might find that the tenant has left behind personal property. Before selling or otherwise disposing of the property, the landlord must allow the tenant time to claim the belongings. The landlord must store the property in a safe location and then contact the tenant using two different methods. The landlord must first publish a notice in the local newspaper stating that the tenant has 15 days to claim the property or the landlord will dispose of it at the end of 30 days. Seven days after the landlord has published this notice in the newspaper, the landlord must mail a copy of the notice to the tenant at the tenant’s last known address. If the tenant does not claim the property after these two notices, then the landlord can sell or dispose of the property at the end of the 30 days (see Kan. Stat. Ann. § 58-2565). Handling a Tenant’s Abandoned Property in Kansas has more information for landlords who find themselves in this situation.
Landlords must carefully follow all the rules and procedures required by Kansas law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>The first step in evicting a tenant is determining whether a landlord has legal cause (a reason) for eviction. New Hampshire law defines legal cause as, among other things, failure to pay rent, violation of the lease or rental agreement, or damage to the property or other people at the property. To evict the tenant for one of these reasons, the landlord needs to terminate the tenancy. The landlord does this by giving the tenant written notice to quit.
If the landlord wants to end a tenancy with a tenant but does not have legal cause to evict the tenant, then the landlord has to just wait until the tenancy has ended before expecting the tenant to move. The landlord will still need to give the tenant written notice to move in some cases.
To end a month-to-month tenancy without legal cause, the landlord must give the tenant a written 30-day notice to quit. The landlord must also have good cause to end the tenancy, but New Hampshire law defines good cause very broadly, including economic or business reasons. If the tenant does not move out of the rental unit by the end of the 30-day notice period, then the landlord can file an eviction lawsuit against the tenant. (N.H. Rev. Stat. Ann. §§ 540:2 and 540:3 (2021).)
If the landlord wants to end a fixed-term lease but does not have legal cause to evict the tenant, then the landlord must just wait until the term has ended. The landlord is not required to give the tenant written notice to move unless the terms of the lease specifically require it. If the tenant has not moved out of the rental unit by the end of the lease term, then the landlord should stop accepting rent from the tenant and proceed with an eviction.
The tenant might decide to fight the eviction, even when the landlord has good legal cause to evict the tenant. The tenant could have a defense to the eviction, such as the landlord failing to maintain the rental unit or discriminating against the tenant. Fighting the eviction could increase the costs of the lawsuit or allow the tenant more time to remain living in the rental unit.
The only way to remove a tenant from a rental unit is for a landlord to win an eviction lawsuit against the tenant. Even then, the landlord is not the person who will actually evict the tenant. That will be done by a law enforcement officer. It is illegal for the landlord to ever try to force the tenant to move out of the rental unit, and the tenant can sue the landlord for an illegal eviction.
If the landlord finds personal property that the tenant has left behind in the rental unit after being evicted, then the landlord must store that property for seven days, at the landlord’s expense. The tenant must be allowed to access and reclaim the property during that seven-day period. If the tenant does not claim the property during that time, then the landlord can dispose of the property without notice to the tenant. (N.H. Rev. Stat. Ann. § 540-A:3(VII) (2021).)
Landlords must carefully follow all the rules and procedures required by New Hampshire law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>The first step in the eviction process in Louisiana is for the landlord to let the tenant know that they are ending the tenancy. This is called “terminating” the tenancy, and is often called receiving an “eviction notice” in Louisiana.
How (and whether) a landlord can terminate a tenancy in Louisiana depends on whether the landlord has a reason (“cause”) for terminating the tenancy, and whether the tenant has a long-term lease or a shorter-term rental agreement.
In Louisiana, when a tenant has a written lease and the landlord wants to kick the tenant out before the lease is over, the landlord must have a legal cause (good reason) to do so. If the landlord doesn’t have a legal cause to evict the tenant, the landlord will have to wait until the lease expires for the tenant to leave.
Louisiana law defines legal cause for eviction very broadly. The most common causes are:
However, Louisiana eviction law also states that the tenancy can be terminated for any other legal reason. (Evictions based on discriminatory reasons or as retaliation for a tenant’s exercising a legal right are not considered legal.)
In general, the most common reason for eviction besides failure to pay rent or a lease violation is a tenant’s participation in illegal activity on the premises—acts such as using drugs, dealing drugs, or participating in gang activity.
When a Louisiana tenant has a lease, the landlord can’t terminate the tenancy without cause. The landlord’s only option for getting the tenant to leave is to wait until the lease is over. The landlord doesn’t have to give the tenant notice that the lease is expiring. (La. Civ. Code art. 2720 (2023).)
When a Louisiana tenant has a rental agreement—such as a month-to-month agreement—the landlord must give the tenant a notice letting the tenant know that the landlord is ending the tenancy. The landlord must closely follow Louisiana’s laws to successfully end the tenancy.
When a landlord wishes to end a month-to-month tenancy but doesn’t have legal cause, the landlord can give the tenant notice to terminate 10 calendar days before the end of the month. This notice must inform the tenant that the month-to-month tenancy will end at the end of 10 days, and the tenant must move out of the rental unit by that time. (La. Civ. Code art. 2728 (2023).)
When a landlord has cause to end a tenancy early (as discussed above), the eviction process can proceed as follows:
The landlord must send the tenant a notice of termination. In Louisiana, this is often called a “notice to vacate.”
Louisiana landlords must serve (deliver) a five-day notice to vacate. In other words, the landlord must give the tenant five days (not including weekends and holidays) to move out. The notice can be:
Louisiana notices to vacate are unconditional: Louisiana landlords don’t have to give tenants the chance to become current with rent or fix a lease violation. Also, this notice can be waived in the lease—if waived, the landlord can file an eviction lawsuit immediately without giving the tenant any notice. (La. Code Civ. Proc. art. 4701 (2023).)
If the tenant moves out within the five days after the notice to vacate, the tenancy is over and the landlord has no need to file an eviction lawsuit.
If the tenant fails to move out by the deadline in the notice to vacate, the landlord can file a lawsuit for eviction. In Louisiana, filing an eviction lawsuit is called “filing a rule for possession.” The landlord can file a rule for possession with the justice of the peace or city court. The lawsuit must state the grounds for the eviction. (La. Code Civ. Proc. art. 4731 (2023).)
The court will then issue a Rule for Possession. The Rule for Possession orders the tenant to appear in court for a hearing.
The landlord must have a sheriff or other law enforcement officer serve the Rule for Possession on the tenant. Neither the landlord nor anyone related to the lawsuit (such as an employee of the landlord) can serve the Rule for Possession.
The court will have a hearing (or trial) on the Rule for Possession no earlier than the third day after the Rule for Possession is served on the tenant. (La. Code Civ. Proc. art. 4732 (2023).)
At the trial, the tenant will have the opportunity to present any defense to the eviction, such as the landlord’s failure to maintain the rental unit or the landlord’s discriminatory basis for evicting the tenant. The tenant’s decision to fight the eviction could mean that the cost of the eviction lawsuit increases or that the tenant gets to remain in the rental unit for a longer period of time.
If the tenant doesn’t show up to the hearing, the judge has the power to enter a default judgment for the landlord. This means that the landlord automatically wins, and has the right to regain possession of the rental unit. Otherwise, the judge might rule on the hearing at the hearing, or wait a few days before making a final decision.
If the judge decides the hearing in favor of the landlord, the judge will issue a writ of possession that the landlord can use to have the tenant physically removed from the rental.
If the judge decides the hearing in favor of the tenant, the tenant has the right to remain in the rental.
When the landlord wins the Rule for Possession hearing, the judge will issue a Writ of Possession. The writ will give the tenant some time—usually 24 hours—to remove their belongings from the rental and move out.
If the tenant doesn’t move out, the landlord can bring in the sheriff or other law enforcement to remove the tenant.
After the eviction, the landlord might have the right to seek from the tenant unpaid rent or payment for damage to the property. In most cases, the landlord will simply retain the tenant’s security deposit to cover the amounts owed—especially when the landlord suspects that the tenant doesn’t have funds that are worth going after.
If the landlord believes the tenant might have the ability to pay, the landlord can file a separate lawsuit to recover money damages that go beyond what the security deposit can cover.
Landlords must carefully follow all the rules and procedures required by Louisiana law when evicting a tenant. If there is a procedural error, such as not giving the tenant enough notice of the termination, the court will dismiss the eviction lawsuit, the tenant can remain in the rental (for the time being), and the landlord will have to restart the termination and eviction process.
Landlords must never resort to self-help procedures such as locking out the tenant or physically removing the tenant or the tenant’s belongings from the rental. The only legal way to remove the tenant is for the landlord to win an eviction lawsuit in court. Even after the landlord wins the eviction lawsuit, the only person authorized to remove the tenant is a law enforcement officer. The consequences of illegal evictions are serious: Landlords who illegally evict tenants may be subject to lawsuits by the tenant, and possibly even criminal charges.
Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
After the tenant has been evicted, the landlord might find that the tenant has left personal property behind in the rental unit. Louisiana law is not very clear on what the landlord should do with tenants' abandoned property.
If the property has any value (either monetary value or sentimental value), the best practice for the landlord would be to take inventory of the property and store it in a safe location. Then, the landlord should contact the tenant and allow the tenant reasonable time to claim the property. If the tenant does not claim the property in a reasonable amount of time, then the landlord can dispose of the property.
]]>Generally, the first step in the eviction process is for the landlord to terminate the tenancy. To do this, the landlord must have legal cause. In South Carolina, the most common types of legal cause are failure to pay rent, violation of the lease or rental agreement, or commission of an illegal act on the premises of the rental unit. To terminate the tenancy, the landlord is almost always required to give the tenant notice. The type of notice required will depend on the reason for the termination.
If the landlord does not have legal cause to terminate the lease or rental agreement, then the landlord must wait until the term of the tenancy has expired before expecting the tenant to move. In some cases, the landlord may still need to give the tenant written notice to move.
To terminate the tenancy of a month-to-month tenant, the landlord must give the tenant a 30-day notice. This notice must inform the tenant that the landlord is terminating the month-to-month tenancy and that the tenant must move out by a certain date, not less than 30 days from the date of the notice. If the tenant does not move out by that day, the landlord can file an eviction lawsuit against the tenant (see S.C. Code Ann. § 27-40-770). South Carolina Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this topic.
If the landlord wants the tenant to move but the tenant has a fixed-term lease and the landlord does not have legal cause to evict the tenant, then the landlord must wait until the end of the lease term before expecting the tenant to move. The landlord is not required to give the tenant notice to move unless the lease specifically requires it. The landlord can instead expect the tenant to move by the end of the lease term.
Even though a landlord may have a valid legal reason to evict a tenant, the tenant may still decide to fight the eviction. The tenant may also have a valid legal defense against the eviction, such as the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. The tenant’s decision to fight the eviction could lead to the eviction lawsuit costing more or the tenant remaining in the rental unit for longer. Tenant Defenses to Evictions in South Carolina has more information on possible defenses available to tenants.
The only way a landlord can remove a tenant from a rental unit is for the landlord to win an eviction lawsuit against the tenant. Even then, the only person authorized to actually evict the tenant is a law enforcement officer. The landlord must never attempt to force the tenant to move out of the rental unit. In fact, South Carolina law has made this illegal. For more information, see Illegal Eviction Procedures in South Carolina.
After the tenant has been evicted, the landlord may find that the tenant has left behind personal belongings. In South Carolina, the landlord can immediately dispose of this property without further notifying the tenant, as long as the eviction notice clearly notified the tenant of the landlord’s option to do so (see S.C. Code Ann. § 27-40-710(D)).
Landlords must carefully follow all the rules and procedures required by South Carolina law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>To evict a tenant before the term of the tenancy has expired, a landlord must have legal cause. The most common legal cause is the tenant's failure to pay rent, followed closely by violating the lease or rental agreement. In most states, the landlord must give the tenant notice before terminating the tenancy and filing the eviction lawsuit. However, in Minnesota, the landlord is not required to give the tenant any notice before filing an eviction lawsuit. As soon as the tenant pays rent late or violates the lease or rental agreement, the landlord can go to court and file an eviction lawsuit against the tenant, thereby terminating the tenancy (see Minn. Stat. Ann. § § 504B.291 and504B.285). Eviction Notices for Nonpayment of Rent in Minnesota has more information.
The only exception is that a landlord must give a 14-day notice to a tenant who fails to pay rent and is at will, meaning there is no lease or rental agreement. This applies most often to tenants who are month-to-month. If a month-to-month tenant fails to pay rent, the landlord must give the tenant a 14-day notice to quit before filing an eviction lawsuit against the tenant (see Minn. Stat. Ann. § 504B.135).
If a landlord wants a tenant to move out of a rental unit but the landlord does not have legal cause to file an eviction lawsuit against the tenant, the landlord must wait until the term of the tenancy expires. In some cases, the landlord will still need to give the tenant written notice to move.
If the landlord wants to end a month-to-month tenancy, the landlord will need to give the tenant a written notice to vacate. The amount of time on the notice must be either three months or the length of time between when rent is due, whichever is less. If the tenant does not move out by the end of the notice period, then the landlord can file an eviction lawsuit against the tenant (see Minn. Stat. Ann. § 504B.135). Minnesota Notice Requirements to Terminate a Month-to-Month Tenancy has more information on the subject.
If the tenant has a fixed-term lease but the landlord does not have cause to evict the tenant, the landlord must wait until the lease term has ended before expecting the tenant to move. Unless the lease specifically says otherwise, the landlord is not required to give the tenant a written notice to move. The landlord can expect that the tenant will move out of the rental unit by the end of the term, unless the landlord and the tenant have agreed otherwise.
A tenant may decide to fight against an eviction lawsuit, even if the landlord has valid legal cause to support the eviction. The tenant may also have a valid legal defense, such as, the landlord discriminating against the tenant or the landlord failing to maintain the rental unit. The tenant’s decision to defend against the lawsuit could increase the cost of the eviction and increase the amount of time the tenant remains in the rental unit. Tenant Defenses to Evictions in Minnesota has more information.
The only way to legally evict a tenant is for the landlord to win an eviction lawsuit. However, even after the landlord wins the eviction, the landlord must not try to remove the tenant. That can only be done by a law enforcement officer. It is illegal for a landlord to ever attempt to force a tenant to move out of a rental unit, and the tenant can sue the landlord for trying. Illegal Eviction Procedures in Minnesota explains more about this.
After the tenant is evicted, the landlord may find that the tenant has left behind personal property at the rental unit. Before the landlord can sell or otherwise dispose of the tenant’s personal property, the landlord must store the property for 28 days. If the landlord does not hear from the tenant during those 28 days, then the landlord can dispose of the property. The landlord can sue the tenant for the cost of storage.
If the landlord is going to sell the property, the landlord must notify the tenant at least 14 days before the sale. If the tenant claims the property during that 14-day period, then the landlord must not sell the property (see Minn. Stat. Ann. § 504B.271).
Landlords must carefully follow all the rules and procedures required by Minnesota law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>A landlord must have legal cause to evict a tenant early, that is, before the term of the tenancy has expired. In Wisconsin, the most common legal causes are tenant failure to pay rent or violation of the lease or rental agreement. Before the landlord files an eviction lawsuit with the court, the landlord must terminate the tenancy. This is done by giving the tenant notice. The type of notice required will depend on the type of tenancy and the reason for the eviction.
Month-to-Month Tenancy:
Fixed-Term Tenancy:
If a landlord does not have cause to evict a tenant, then the landlord must wait until the end of the tenancy before expecting the tenant to move out of the rental unit. In some cases, the landlord may still need to give the tenant written notice to move before the tenancy terminates.
If the landlord wishes to end a month-to-month tenancy but does not have legal cause to do so, then the landlord must give the tenant a 28-day notice to vacate. This notice will inform the tenant that the tenancy will terminate in 28 days and the tenant must move out of the rental unit by that time (see Wis. Stat. Ann. § 704.19). Wisconsin Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this topic.
If the tenant has a fixed-term lease and the landlord wishes to end the tenancy but does not have cause, the landlord must wait until the end of the term before expecting the tenant to move. The landlord does not need to give the tenant written notice to move unless the lease requires it.
Even though a landlord may have valid legal cause to evict a tenant, the tenant may have a valid legal defense and could choose to fight the eviction. Tenant defenses include the landlord discriminating against the tenant or failing to maintain the rental unit. The tenant’s decision to fight the eviction could mean that the cost of the eviction lawsuit increases or that the tenant will be able to remain in the rental unit for longer. Tenant Defenses to Evictions in Wisconsin has more information on this subject.
A tenant can only be removed from the rental unit after a landlord has won an eviction lawsuit against the tenant. At that point, the only person authorized to remove the tenant is a law enforcement officer. It is illegal for the landlord to ever attempt to force the tenant to move out of the rental unit, and the tenant could sue the landlord for trying. Illegal Eviction Procedures in Wisconsin has more information.
After an eviction has occurred, the landlord may find that the tenant has left behind personal property. If the landlord and the tenant had a written lease or rental agreement with a clause stating that the landlord will not store the tenant’s abandoned property, then the landlord can dispose of the property in any way that is legal (see Wis. Stat. Ann. § 704.05(5)(a); there is an exception for medications. The landlord must keep medications for seven days after the tenant has moved out before disposing of them).
If the landlord and the tenant did not have a written lease or rental agreement with a clause concerning abandoned property, then the tenant must follow an older statute (see Wis. Stat. Ann. § 704.05(bf)). Under this statute, the landlord must store the tenant’s abandoned property. The landlord must notify the tenant within ten days of storing the property. The tenant will then have 30 days to claim the property. If the tenant does not claim the property within 30 days, then the landlord can dispose of the property (see Wis. Stat. Ann. § 704.05(5), 2009 stats.)
Landlords must carefully follow all the rules and procedures required by Wisconsin law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the basic rules and procedures a landlord or property manager must follow when evicting a tenant in Indiana.
To evict a tenant early (meaning, before the lease or rental agreement has expired), a landlord must have cause, or a legal reason. The most common causes of eviction are failure to pay rent or violation of the lease or rental agreement. In some cases, the landlord can also evict the tenant who willfully destroys the rental unit property. The first step in evicting the tenant for one of these reasons is for the landlord to give the tenant notice.
If a landlord does not have cause to evict a tenant, then the landlord must wait until the end of the term of the lease or rental agreement before expecting the tenant to move. If the tenant is month-to-month, the landlord will need to provide the tenant with notice.
If the landlord wishes to end a month-to-month tenancy, the landlord is required to give the tenant a written 30-day notice to quit. This notice will inform the tenant of the landlord’s intentions to end the tenancy and that the tenant must move out of the rental unit by the end of 30 days. If the tenant does not move within 30 days, then the landlord can file an eviction lawsuit against the tenant (see Ind. Code Ann. § 32-31-1-1). Indiana Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If the landlord and the tenant have a fixed-term lease or rental agreement (such as for one year) and the landlord does not have cause to evict the tenant, then the landlord must wait until the end of the term before expecting the tenant to move. If the lease or rental agreement specifies the date on which the tenancy will end, then the landlord does not need to give the tenant written notice to move (see Ind. Code Ann. § 32-31-1-8).
Although a landlord may have cause to evict a tenant, the tenant can still choose to fight the eviction. The tenant may have a valid defense against the eviction, such as the landlord not following all the rules and procedures when evicting the tenant or the landlord discriminating against the tenant. The tenant’s decision to fight the eviction could increase the costs and the length of the lawsuit. Tenant Defenses to Evictions in Indiana has more information on this topic.
The only person authorized to actually remove a tenant from the rental unit is a law enforcement officer. This can only happen after a landlord has won an eviction lawsuit against the tenant. The landlord must never try to force the tenant to move out of the rental unit. If the landlord does try to force the tenant to move, the tenant can sue the landlord for damages. Illegal Eviction Procedures in Indiana has more information on this topic.
The landlord may find that the tenant has left behind personal property at the rental unit following an eviction. The landlord must get a court order before removing the personal property from the rental unit. After the landlord receives the court order, then the landlord must provide the tenant with notice. The notice must state that the landlord will be removing the tenant’s property from the rental unit to a warehouseman, or storage unit. The warehouseman then takes responsibility for the property. The tenant must claim the property within 90 days and pay the warehouseman the cost of storage, or the warehouseman can sell the property (see Ind. Code Ann. § § 32-31-4-2 to 32-31-4-5). Handling a Tenant’s Property in Indiana: After an Eviction has more information on abandoned property.
Landlords must carefully follow all the rules and procedures required by Indiana law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the rules and procedures landlords and property managers must follow when evicting a tenant in Tennessee.
A landlord who wants to evict a tenant before the tenant’s lease or rental agreement has expired must have cause (a valid legal reason). The most common causes for eviction are the tenant’s failure to pay rent or violation of the lease or rental agreement. However, landlords can also evict tenants for committing violent acts or drug-related activity at the rental unit.
The first step in the eviction process is for the landlord to terminate the tenancy. Usually, this is done by the landlord giving notice to the tenant. The type of notice required is determined by the reason for the eviction.
If the tenant can remedy (“cure”) the situation, the notice must give the tenant 14 days to do so (or move out). If the tenant doesn’t correct the behavior or move out within 14 days, the landlord can terminate the tenancy and file an eviction lawsuit. (Tenn. Code § 66-7-109 (2022).)
For situations where the tenant is committing a violent act or the tenant’s behavior can’t be remedied, the notice doesn’t have to give the tenant the option of curing the behavior. Instead, the notice can simply tell the tenant they have 14 days to move out.
A landlord may also give a 14-day notice without a chance to cure when the tenant again commits the same act or omission which was considered a violation with six months of the first notice. For example, if a tenant who violated a no-pets policy gives up their dog after receiving the first 14-day notice, but then brings in a rabbit the next month, the landlord doesn’t have to give the tenant the opportunity to give up the rabbit—the landlord can just tell the tenant to move out within 14 days.
When a landlord does not have a legal reason to evict a tenant, the landlord must wait until the end of the tenancy before expecting the tenant to move. In some cases, the landlord might still have to give the tenant written notice that the tenancy is ending on a certain date—usually when the lease specifies that the landlord will provide notice.
If the landlord wants to end a month-to-month tenancy, the landlord must give the tenant a 30-day notice that specifies the date on which the tenancy will end. If the tenant does not move out by that date, the landlord can file an eviction lawsuit against the tenant. (Tenn. Code § 66-28-512 (2022).) Tennessee Notice Requirements to Terminate a Month-to-Month Tenancy has more information on this topic.
If the landlord want to end a fixed-term tenancy, such as for one year, the landlord will have to wait until the term expires before expecting the tenant to move. However, unless the lease specifically requires it, the landlord does not need to give the tenant written notice to move. The landlord can expect the tenant to move by the end of the term.
Even though a landlord might have legal cause to evict a tenant, the tenant can still fight the eviction. The tenant could have a valid defense, such as the landlord retaliating against the tenant or discriminating against the tenant. The tenant’s decision to fight the eviction could increase the cost of the lawsuit and increase the amount of time the tenant has to stay in the rental unit. Tenant Defenses to Evictions in Tennessee has more information on this topic.
The only legal way that a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit with the court. Even after winning the eviction, the landlord is not authorized to evict the tenant—physical removal can be done only by a law enforcement officer. The tenant can sue the landlord for damages if the landlord illegally attempts to force the tenant to move.
After the tenant has moved out of the rental unit, the landlord might find that the tenant has left personal property at the rental unit. The landlord must notify the tenant of the landlord’s intention to remove the property and dispose of it. The landlord must hold on to the property for 30 days to allow the tenant enough time to claim the property. If the tenant does not claim the property within the 30-day time period, then the landlord can sell it or dispose of it. If the landlord sells the property, then the proceeds can go toward unpaid rent or other damages the tenant owes the landlord. (Tenn. Code § 66-28-405 (2022).)
Landlords must carefully follow all the rules and procedures required by Tennessee law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures can seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the rules and procedures a landlord must follow when evicting a tenant in Massachusetts.
For a landlord to evict a tenant before the tenant’s lease or rental term has ended, the landlord must have legal cause. The most common reason for eviction is the tenant’s failure to pay rent, although the landlord can terminate a tenancy early for other reasons, such as the tenant's criminal activity or lease violations. When evicting a tenant because of failure to pay rent, the landlord will need to provide the tenant with notice before filing the eviction lawsuit. However, in all other cases, the landlord only needs to provide notice if the terms of the lease or rental agreement require it. (For more information, see chapter 13 of Legal Tactics, a book published by the Massachusetts Law Reform Institute.)
Here are the basic notice requirements for termination with cause:
A landlord cannot terminate a tenancy early without having cause. This means if the landlord does not have cause to end a tenancy early, then the landlord must wait until the term of the tenancy expires. The landlord can then expect the tenant to move by the end of the term. In some cases, the landlord will still need to give the tenant notice.
If a tenant has a month-to-month tenancy and the landlord wants to end the tenancy, then the landlord must give the tenant a 30-day notice to quit. The notice must inform the tenant that the tenancy will end at the end of 30 days and the tenant must move out of the rental unit by then. If the tenant does not move out of the rental unit by the end of the 30 days, then the landlord can file an eviction lawsuit against the tenant (see Mass. Gen. Laws Ann. ch. 186 § 12).Massachusetts Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If a tenant has a fixed-term lease, such as for six months or one year, and the landlord wants the tenant to move, the landlord must wait until the term of the tenancy expires. When the term has ended, the landlord can expect the tenant to move. The landlord does not need to give the tenant notice unless the terms of the lease specifically require it.
Although the landlord may have a valid reason to evict a tenant, the tenant always has the option to fight the eviction. The tenant could also have a valid legal defense, such as the landlord failing to maintain the premises of the rental unit or the landlord discriminating against the tenant. Fighting the eviction could increase the costs of the lawsuit and cause the tenant to remain in the rental unit for longer. Tenant Defenses to Evictions in Massachusetts has more information.
The only way a landlord can evict a tenant is by going to court and winning an eviction lawsuit. Even if the landlord is successful at court, only a law enforcement officer can perform the actual eviction. It is illegal for a landlord to attempt to remove a tenant through any other way. Illegal Eviction Procedures in Massachusetts has more information on illegal eviction practices.
If the tenant does not move out of the rental unit and a law enforcement officer has to remove the tenant as part of the eviction, then the law enforcement officer will also remove the tenant’s belongings and place them in storage. This will be done at the landlord’s expense, but the landlord can try to get reimbursement from the tenant. The storage facility will need to hold onto the property for six months before disposing of it. If the property has value, then it can be sold. The proceeds would go first to any costs owed to the storage facility or landlord, and the rest will go back to the tenant (seeMass. Gen. Laws Ann. ch. 239 § 4). Handling a Tenant’s Property in Massachusetts: After an Eviction has more information on what to do with a tenant’s abandoned personal property.
Landlords must carefully follow all the rules and procedures required by Massachusetts law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article will explain the rules and procedures a landlord must follow when evicting a tenant in Washington.
To evict a tenant, a landlord must first terminate the tenancy. To terminate a tenancy early, the landlord must have cause, or a legal reason. Not paying rent, violating the lease or rental agreement, or committing an illegal act are all cause for eviction. When terminating a tenancy early for one of these reasons, the landlord must first give the tenant notice. The type of notice will vary depending on the cause for eviction.
If a landlord does not have cause to evict a tenant, then the landlord must wait until the end of the tenancy before expecting the tenant to move. In some cases, the landlord may still need to give the tenant written notice to move.
If a tenant has a month-to-month tenancy and the landlord wants to end the tenancy, then the landlord must give the tenant a written 20-day notice. This notice must inform the tenant that the tenancy will end in 20 days, and the tenant has that long to move out of the rental unit. If the tenant does not move out of the rental unit by the end of the 20 days, then the landlord can file an eviction lawsuit against the tenant (see Wash. Rev. Code Ann. § 59.18.200).Washington Notice Requirements to Terminate a Month-to-Month Tenancy has more information.
If a tenant has a fixed-term lease, such as for six months or one year, and the landlord wants to end the tenancy at the end of the term, then the landlord does not need to do anything except wait. There is no need for the landlord to give the tenant notice, unless the lease or rental agreement specifically requires it. Otherwise, the landlord can expect the tenant to move by the end of the term.
Even if the landlord has a valid legal cause to evict a tenant, the tenant may still choose to fight the eviction. The tenant could have a valid defense, including the landlord discriminating against the tenant or the landlord failing to maintain the premises. By fighting the eviction, the tenant could delay the eviction and remain in the rental unit longer. Tenant Defenses to Evictions in Washington has more information.
A landlord can only legally remove a tenant from a rental unit by winning an eviction lawsuit. Even then, a law enforcement officer is the only person actually authorized to remove the tenant. Washington law has made it illegal for a landlord to attempt to remove a tenant through force, or otherwise, from a rental unit. Illegal Eviction Procedures in Washington has more information on illegal evictions.
The landlord may find that the tenant has left personal property at the rental unit after the tenant moved out. What the landlord does with the personal property depends upon its value.
If the personal property is worth more than $250, then the landlord must notify the tenant in writing that the landlord will either sell or dispose of the property in 30 days. The tenant will then have 30 days to claim the property. If the tenant does not claim the property in 30 days, then the landlord can proceed to either sell or dispose of it.
If the personal property is worth $250 or less, then the landlord must provide the tenant with a seven-day notice. This notice must inform the tenant that the tenant has seven days to claim the property or the landlord will sell it or dispose of it.
In both situations, the landlord can charge the tenant the cost of storage (see Wash. Rev. Code Ann. § 59.18.312).
Landlords must carefully follow all the rules and procedures required by Washington law when evicting a tenant; otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.
]]>This article explains the rules and procedures landlords must follow when evicting a tenant in Pennsylvania.
To terminate a tenancy early (in other words, to make a tenant move out of the rental unit before the lease or rental agreement term has ended), a landlord must have a legal reason, or cause. There are a number of different legal reasons a landlord would want to have a tenant move out early. Not paying the rent or violating the lease or rental agreement are two of the most common reasons. A landlord can also terminate a tenancy early if the tenant has used, possessed, or sold drugs.
If a landlord does not have a legal reason to terminate a tenancy, then the landlord will need to wait until the end of the lease term before asking the tenant to move. In some cases, the landlord may still need to give the tenant written notice.
Pennsylvania law does not specify how much notice a landlord needs to give a tenant to end a month-to-month tenancy. Sometimes the terms of the lease or rental agreement will specify how much notice a landlord needs to give the tenant, and if that is the case, the landlord and tenant should always follow those terms. However, there may not be anything in the lease or rental agreement regarding ending a month-to-month tenancy. In that case, it is reasonable for the landlord to give the tenant a written 30-day notice to move. If the tenant does not move out after receiving this notice, then the landlord could begin eviction proceedings against the tenant. Pennsylvania Notice Requirements to Terminate a Month-to-Month Tenancy has additional information on this topic.
If a tenant has a fixed-term tenancy (such as for one year or six months) and the landlord wants the tenant to move but does not have cause, then the landlord must wait until the term has ended. The landlord only needs to give the tenant notice to move at the end of the term if the lease or rental agreement specifically requires it. Otherwise, the landlord can expect the tenant to move by the end of the lease period, unless the tenant has indicated to the landlord that the tenant would like to stay.
Even though a landlord may think there is a legal reason to evict a tenant, the tenant may still choose to fight the eviction. The tenant may have a valid defense, such as the landlord failing to maintain the rental unit or discriminating against the tenant. Tenant Defenses to Evictions in Pennsylvania has more information on this topic.
The only way a landlord can remove a tenant from a rental unit is by winning an eviction lawsuit in court. Even if the landlord wins the lawsuit, only a sheriff or constable is authorized to actually remove the tenant from the unit. The landlord can never force the tenant to leave. Illegal Eviction Procedures in Pennsylvania has more information on this topic.
After a tenant has moved out of the rental unit, the landlord may find personal property left behind. Before disposing of the property, the landlord is required to notify the tenant of the personal property and give the tenant ten days to claim it. If the tenant claims the property, the landlord is required to hold on to the property for 30 days. If the tenant has not picked up the property by the end of the 30 days, then the landlord can dispose of it. If the tenant does not respond to the landlord’s first notification of the abandoned personal property within ten days, then the landlord can dispose of the property (see Pa. Act 129).
Landlords must carefully follow all the rules and procedures required by Pennsylvania law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, with the end result being that the tenant has lost his or her home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live.
]]>Different types of notices and procedures are required for different situations. Here are the rules and procedures landlords must follow when evicting a tenant in Ohio.
When a landlord wants to terminate a tenancy before the lease term has ended, the landlord must have legal cause (a valid reason). The most common reasons to evict a tenant are failure to pay rent and violation of the lease or rental agreement. However, landlords can also evict tenants for using, selling, or manufacturing illegal drugs at the rental unit.
In all of these situations, the landlord must give the tenant an unconditional three-day notice to quit (leave the rental). The notice must inform the tenant that the tenant has three days to move out of the rental unit, and if they don’t move out by the deadline, the landlord will file an eviction lawsuit (also called a “forcible detainer” lawsuit). Ohio law requires that the notice contain the following language:
You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance.
(Ohio Rev. Code §§ 1923.02, 1923.04 (2022).)
When a landlord doesn’t have legal cause to evict a tenant, the landlord must wait until the end of the lease term before expecting the tenant to move. Usually, a landlord in this situation doesn’t have to give the tenant notice that the lease won’t be renewed. However, if the lease or rental agreement states that the landlord will give notice, the landlord must perform the requirements of the lease.
To end a month-to-month tenancy, a landlord must give a tenant at least a 30-day written notice to move. With a month-to-month tenancy, the landlord isn’t required to have a reason for ending the tenancy—they only need to give the tenant proper notice.
The notice must state the date by which the tenant must be out of the rental unit. If the tenant doesn’t move out by the end of the 30-day period, then the landlord can file an eviction action against the tenant. (Ohio Rev. Code § 5321.17 (2022).)
With a fixed-term tenancy, if the landlord doesn’t have cause to end the tenancy early, they must wait until the lease term is over to end the tenancy. In this case, the landlord only needs to give the tenant notice to move when the lease specifically requires it. Otherwise, the landlord can expect the tenant to move out by the end of the term, unless the tenant has expressed a desire to renew the lease or rental agreement and stay longer.
Although a landlord might think an eviction is justified, the tenant might feel differently. Tenants always have the right to fight the eviction in court. The tenant could have several potential defenses, including the landlord not maintaining the rental unit or discriminating against the tenant. Tenant Defenses to Evictions in Ohio has more information on this topic.
It is never okay for a landlord to force a tenant to move out of the rental unit. If the tenant doesn’t move out after receiving written notice to move, the landlord’s only legal option is to file an eviction lawsuit. Even if the landlord is successful and wins the lawsuit, only a sheriff or constable is authorized to actually evict the tenant.
The landlord may find personal property left in the rental unit or on the premises after the tenant moves out of the rental unit. Most states have laws about how the landlord should handle abandoned personal property; however, Ohio does not. This doesn’t mean that the landlord can just dispose of the property, though. The landlord should still take reasonable steps to inform the tenant of the property and give the tenant a reasonable amount of time to claim the property. If the tenant does not claim the property, then the landlord can dispose of it. Handling a Tenant’s Abandoned Property in Ohio has more information on this topic.
Landlords must carefully follow all the rules and procedures required by Ohio law when evicting a tenant. Otherwise, the eviction might not be valid. Although these rules and procedures might seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, with the end result being that the tenant has lost their home. The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live.
]]>Florida law gives specific requirements to end a tenancy. Different types of notices and procedures are needed for different situations.
A termination “for cause” means that the landlord has a reason to end the tenancy early (before the term of the lease or rental agreement is over). In Florida, a landlord can terminate a tenancy early and evict a tenant for a number of different reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. To terminate the tenancy, the landlord must first give the tenant written notice. The type of notice will be determined by the reason for the termination.
You are hereby notified that you are indebted to me in the sum of _____ dollars for the rent and use of the premises [insert address of leased premises, including county], Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the [date] day of [month], [year]. [Insert landlord’s name, address, and phone number.]
If the tenant doesn’t pay rent or move by the deadline, the landlord can file an eviction lawsuit. (Fla. Stat. § 83.56(3) (2024).)
You are hereby notified that [describe the violation]. Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.
If the tenant doesn’t meet the deadline, the landlord can file an eviction lawsuit. (Fla. Stat. § 83.56(2)(b) (2024).)
You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because [explain the noncompliance].
(Fla. Stat. § 83.56(2)(a) (2024).)
A landlord doesn’t have a reason to end the tenancy early when a tenant is current with rent and hasn’t materially violated the terms of the tenancy. In this situation, the landlord’s method of ending the tenancy depends on whether the tenancy is month-to-month or for a fixed term (such as a year).
A Florida landlord can terminate without cause a month-to-month tenancy by giving the tenant a written notice at least 30 days before the end of the monthly period. The notice must inform the tenant that the tenancy will end in 30 days and that the tenant must move out of the rental unit by that time. (Fla. Stat. § 83.57 (2024).)
Landlords can’t terminate fixed-term tenancies without cause—they must wait until the term of the tenancy ends. Then, it’s simply a matter of not renewing the tenant’s lease. And, unless the lease states otherwise, Florida landlords don’t have to give tenants notice that the lease isn’t being renewed. For example, if the tenant has a lease for one year that expires in December and the tenant hasn’t requested a lease renewal, the landlord won’t need to give the tenant notice to move by the end of December unless the lease specifically requires it.
Florida law requires landlords to mail termination notices to tenants. If the tenant no longer lives at the rental, the landlord can leave a copy of the notice at the rental. (Fla. Stat. § 83.56(4) (2024).)
If the tenant isn’t at the rental anymore, but the landlord knows the address where the tenant currently lives, it’s a good idea for the landlord to send the notice to the current address as well. Landlords should always keep a copy of the notice and notes of when and how it was delivered.
A tenant can choose to fight an eviction. This would increase the amount of time the eviction lawsuit takes. The tenant might have several valid defenses, such as the landlord making procedural mistakes during the eviction (for example, improperly serving a notice or not waiting long enough before filing the eviction lawsuit). Some other potential tenant defenses include the landlord’s failure to maintain the rental unit according to law or the landlord discriminating against the tenant.
Landlords must never take self-help measures, such as locking a tenant out or forcibly removing the tenant. The only lawful way to remove a tenant from a rental property is to follow the termination procedures above, and then get an eviction order from a court.
Only a law enforcement officer—such as a sheriff—can physically remove a tenant from a rental. Taking illegal self-help measures can have serious consequences.
If personal property is left behind after a tenant moves out or is evicted, the landlord must notify the tenant in writing. The notice must:
A sample abandoned property notice can be found at Florida Statute section 715.105 (2024). If the tenant doesn’t claim the property by the deadline, the landlord can either sell the property or dispose of it. (Fla. Stat. §§ 715.10 through 715.111 (2024).)
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The first step—and one that must be done before the landlord can file an eviction (“unlawful detainer”) lawsuit—is for the landlord to let the tenant know that they are ending the tenancy. This is called “terminating” the tenancy.
To add to the complexity of the eviction process, California’s Tenant Protection Act of 2019 gives tenants who have lived in a rental for at least 12 months additional protections.
The California Tenant Protection Act of 2019 (the “Act”) is a statewide rent control and tenant protection law that affects most tenancies in California. The Act is complex, but, generally speaking, it requires landlords to have “just cause”—a reason recognized by the Act—to evict a tenant who has lived in a rental for 12 months or longer. The reason can be because the tenant is “at-fault,” meaning the landlord is ending the tenancy because of the tenant’s actions (or inaction), or it can be “no-fault,” meaning the landlord has a reason independent of the tenant’s behavior (such as wanting to personally move into the rental) for ending the tenancy.
The Act applies to tenants who have month-to-month rental agreements as well as those with longer-term leases. However, some types of tenancies are exempt from the Act. For example, a unit that is “separately alienable from title” (meaning a standalone property that can be sold on its own, such as a single-family home) that’s owned by an individual is exempt.
Going into the Act in detail is beyond the scope of this article, but Nolo’s article Statewide Rent Control: California’s Tenant Protection Act of 2019 provides a thorough overview of what both tenants and landlords should know about the Act.
A landlord can terminate a tenancy early and evict the tenant for a variety of reasons, including failure to pay rent, violating the lease or rental agreement, or committing an illegal act. The landlord must terminate the tenancy by giving the tenant a written notice (called a “Notice to Quit” in California). The reason for the termination will determine the type of notice needed.
(Cal. Civ. Proc. Code § 1161(4) (2023).) (Landlords can also use a three-day unconditional notice to quit when a tenant subject to the Act ignores a three-day notice to quit or cure a lease violation that can be corrected. More on that below.)
The rules for terminating a lease without cause vary depending on whether the tenancy is month-to-month or a fixed term.
If a tenant has a month-to-month rental agreement and has lived in the rental unit for less than one year, then a landlord must give the tenant a written 30-day notice to end the tenancy. (Cal. Civ. Code § 1946.1 (2023).) The landlord doesn’t have to give a reason for the termination, but must not be ending the tenancy for a discriminatory reason.
If the tenant has lived in the rental unit for over one year and is month-to-month, then the landlord must give the tenant a written 60-day notice to end the tenancy. (Cal. Civ. Code § 1946.1 (2023).)
Both notices must inform the tenant that the tenancy will expire at the end of the notice period and the tenant must move out of the rental unit by that time.
For tenancies that are longer than month-to-month, the landlord can’t end the tenancy without cause until the end of the term. The landlord doesn’t need to give the tenant notice to move out at the end of the term unless the lease specifically requires it. For example, this means that if the tenant has a year-long tenancy that expires at the end of December and the tenant hasn’t requested a lease renewal, the landlord will not need to give the tenant notice to move out by the end of December, unless the terms of the lease specifically require notice.
Ending a Fixed-Term Tenancy When the Tenant Has Lived in the Rental for 12 Months
The exception to the rule that a landlord doesn’t have to give a tenant notice when a fixed-term lease is ending is if the tenant has lived in the property for 12 months. In this situation, the landlord can’t refuse to renew the lease without just cause.
If the landlord’s reason for not renewing the lease is an “at-fault” reason, the landlord must give a:
(Cal. Civ. Pro. Code § 1161; Cal. Civ. Code § 1946.2 (2023).)
When the at-fault reason is a curable breach, if the tenant doesn’t cure the violation or move out after receiving the three-day notice to cure or quit, the landlord must provide a three-day unconditional notice to quit before the landlord can file an eviction lawsuit. (Cal. Civ. Code § 1946.2(c) (2023).)
If the landlord’s reason for not renewing the lease is a “no-fault” reason, the landlord must compensate the tenant pursuant to the Act. (Cal. Civ. Code § 1946.2 (2023).)
When a landlord has cause to end a tenancy early (as discussed above), the eviction process can proceed as follows:
The landlord must deliver the proper notice to terminate (see above) on the tenant. The notice can be:
The landlord or another person over the age of 18 can deliver the notice to terminate to the tenant.
If the termination notice gave the tenant the opportunity to pay rent or fix a problem, and the tenant does so, the landlord can’t file an unlawful detainer suit. Alternatively, if the tenant moves out by the deadline given in the notice to terminate, the tenancy is over, and the landlord has no need to file an eviction lawsuit.
If the tenant fails to move out or cure the problem described in the notice, the landlord can file an unlawful detainer lawsuit. The case must be filed in the superior court in the county where the rental is located. The landlord will file the following forms:
Landlords should also check with the court clerk to find out if there are additional required local forms.
The filing fee for an unlawful detainer suit is $240-$450, depending on the court. Landlords can file for a fee waiver if they can’t afford the filing fee.
After filing the forms, the landlord must have the eviction paperwork served on the tenant. These documents can’t be served by the landlord—another person over the age of 18 and not related to the case must serve them.
Once the paperwork has been served, an original and copy of a signed Proof of Service form must be filed with the court.
The tenant has either 5 or 15 days to respond, depending on how the landlord served the paperwork. When the server hands the documents personally to the tenant, the tenant has five days (excluding weekends and holidays) to respond. The tenant gets 15 days (including weekends and holidays) to respond when the server:
If the tenant responds to (answers) the landlord’s complaint, the landlord can then ask the court to set a trial date. At the trial, both the landlord and the tenant will have the opportunity to explain their position on the eviction.
If the tenant doesn’t file an answer, the landlord can ask the court for a default judgment (meaning the court will grant the landlord’s request to evict the tenant without any input or defense from the tenant). A landlord who is granted a default judgment must serve the tenant with a copy of the judgment.
The judge will sign a Judgment of Possession if the judge believes that the landlord has good reason to evict the tenant. The judge might also order the tenant to pay rent owed, other costs the landlord incurred when filing the lawsuit, and (if allowed under the lease) attorneys’ fees.
Once the court signs a Judgment of Possession, the landlord will have the clerk of the court stamp a Writ of Execution. A Writ of Execution gives the landlord the power to direct the sheriff’s office to proceed with the eviction.
After the landlord reserves the sheriff’s services, the sheriff will serve the tenant with a Notice to Vacate. The Notice to Vacate orders the tenant to move out within five days. If the tenant doesn’t move out, the sheriff can physically remove the tenant and the tenant’s belongings from the rental.
Landlords must carefully follow all the rules and procedures required by California law when evicting a tenant. If there is a procedural error, such as not giving the tenant enough notice of the termination, the court will dismiss the unlawful detainer lawsuit, the tenant can remain in the rental (for the time being), and the landlord will have to restart the termination and eviction process.
Landlords must never resort to self-help procedures such as locking out the tenant or physically removing the tenant or the tenant’s belongings from the rental. The only legal way to remove the tenant is for the landlord to win an unlawful detainer lawsuit. Even after the landlord wins, the only person authorized to remove the tenant is a law enforcement officer—usually a sheriff. The consequences of illegal evictions are serious: Landlords who illegally evict tenants may be subject to lawsuits by the tenant, and possibly even criminal charges.
Although these rules and procedures can seem burdensome to the landlord, they serve an important purpose. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure that the eviction is justified and that the tenant has enough time to find a new home.
After the tenant has been evicted, the landlord might find that the tenant has left personal property behind in the rental unit. The landlord must try to notify the tenant of the abandoned property and give the tenant at least 15 days to reclaim it (18 days if the notice was mailed to the tenant). The landlord can charge the tenant for the cost of storing the property. If the tenant doesn’t claim the property, the landlord can dispose of it at the end of the notice period. (Cal. Civ. Code §§ 1980–1991 (2023).)
For anyone who wants to represent themselves in an eviction suit, the California Courts Self-Help Guide is an excellent source of information about eviction laws and procedures. Low-income individuals might be able to get reduced-fee or free legal assistance.
The California Landlord's Law Book: Evictions provides step-by-step advice on and the necessary forms for evicting a tenant in California. The California Landlord’s Law Book: Rights and Responsibilities is another resource for landlords to tap into—it covers a broad range of issues that will help landlords find good tenants and (hopefully) having to end up in a situation where they have to evict a tenant.
California Tenants' Rights is a book designed to help tenants deal with difficult landlords, understand their rights and responsibilities, and fight an eviction if necessary.
]]>Nevada law sets out detailed requirements to end a tenancy, with different types of termination notices and procedures required for different types of situations. This article provides an overview of the rules landlords must follow when evicting a tenant or ending a tenancy in Nevada.
Nevada allows a landlord to terminate a tenancy early and evict a tenant for a number of reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. The reason for the eviction will determine the type of notice the landlord must give to the tenant.
See NRS § 40.2514.
For details on these various types of eviction notices, see Eviction Notices for Nonpayment of Rent in Nevada and Eviction Notices for Lease Violation in Nevada.
The rules for terminating a tenancy without cause vary depending upon whether the tenant has a month-to-month rental agreement or a fixed-term lease.
With a month-to-month rental agreement, the landlord must give the tenant at least a 30-day written notice informing the tenant that the tenancy will expire at the end of 30 days and the tenant must move out of the rental unit by that time. The same type of notice is required for a week-to-week agreement, except the landlord only needs to give the tenant seven days’ notice.
If the tenant is over 60 years old or has a physical or mental disability, the tenant may request an additional 30 days to move out of the rental unit. If the tenant requests this extension, the landlord must allow it (see NRS § 40.251).
For details, see Nevada Notice Requirements to Terminate a Month-to-Month Tenancy.
A landlord can only remove a tenant without cause at the end of the time specified in the lease agreement. The landlord may not be required to give the tenant notice for leases that are longer than month-to-month, unless the lease agreement requires it. This means that if the tenant has a year-long lease that expires in December and the tenant has not requested a lease renewal, the landlord will not need to give the tenant notice to move out by the end of December, unless the terms of the lease specifically require it.
A tenant may decide to fight the eviction, which could add time to the eviction lawsuit. The tenant could have several potential defenses, including mistakes the landlord made during the eviction process, such as using the wrong form or improperly serving it. The tenant could also assert that the landlord failed to maintain the rental unit and that the termination is retaliatory because the tenant filed a complaint about uninhabitable premises, or that the landlord discriminated against the tenant in some way. For more information on tenant defenses, see Tenant Defenses to Evictions in Nevada.
The only way a landlord can legally evict a tenant is by filing an eviction lawsuit, also called an unlawful detainer suit, with the justice court of the county in which the rental unit is located. Even if the landlord wins this lawsuit, the landlord still must not personally evict the tenant. The court will give authority to a sheriff or constable to evict the tenant by a certain day.
Nevada law has made it illegal for the landlord to personally remove the tenant from the rental unit. See Illegal Eviction Procedures in Nevada for more information on this topic.
If the tenant has abandoned the property and left behind personal belongings, either because of receiving notice or after the eviction, the landlord can dispose of the property only after storing the property for 30 days and making efforts to locate and notify the tenant of the landlord’s intent to dispose of the property (see NRS § 118A.460).
Landlords must carefully follow all the rules and procedures Nevada law sets forth for evictions; otherwise, the eviction may be not valid. This can often be burdensome for the landlord. However, the rules are in place for a reason. Evictions often happen very quickly and the end result is that the tenant may lose his or her home. The rules help ensure that the eviction is justified and that the tenant has enough time to find a new place to live.
]]>Here's a quick breakdown of answers to some of the most common questions about what happens when a lease is terminated.
As a general rule, a tenant is bound to the length of the lease unless the landlord significantly breaks the law or violates its terms—for example, by failing to make necessary repairs, or by failing to comply with an important lease clause.
A tenant who breaks a lease without good cause will be responsible for the remaining rent due under the lease term. In most states, however, a landlord has a legal duty to use reasonable efforts to mitigate their damages. This means that the landlord can’t just sit back, allow the unit to remain empty, and expect to collect from the old tenant. Rather, the landlord must try to find a new tenant. Once a suitable replacement tenant is found, the landlord can’t collect further from the old tenant. However, the landlord can seek from the old tenant the rent for the months the unit sat vacant, along with the amount of the landlord’s reasonable expenses for rerenting the unit (such as advertisement costs).
Some states have laws that allow tenants to break a lease without liability for future rent in certain circumstances, such as:
Before you move out for any of these reasons, check your state laws to see if you’ll be off the hook for rent. Also, be sure to follow any required procedures for taking advantage of these renter protections. For example, although many states allow victims of domestic violence to break a lease early, many require the tenant to provide evidence of their situation.
A landlord may legally terminate a lease when a tenant fails to pay rent or breaks a significant lease term, such as keeping a dog in violation of a no-pets clause in the lease, substantially damaging the property, or participating in illegal activities on or near the premises, such as selling drugs.
A landlord must first send the tenant a notice stating that the tenancy has been terminated. State laws set out very detailed requirements as to how a landlord must write and deliver (serve) a termination notice. Depending on what the tenant has done wrong, the termination notice may state that the tenancy is over and warn the tenant that they must vacate the premises or face an eviction lawsuit (this is called an unconditional notice to quit). Or, the notice might give the tenant a few days to clean up their act—for example, to pay the rent (a “notice to pay rent or quit”), or to find a new home for the dog.
If the tenant fixes the problem or leaves as directed, no one goes to court. If a tenant doesn't comply with the termination notice, the landlord can file a lawsuit to evict the tenant.
Note that if the rental is in a state or area with rent control, the rent control laws will govern when a landlord can legally terminate a lease.
For a comprehensive legal and practical guide for landlords, see Nolo’s Every Landlord's Legal Guide.
Landlords may make deductions from a tenant's security deposit, provided they do it correctly and for an allowable reason. Many states require landlords to provide a written itemized accounting of deductions for unpaid rent and for repairs for damages and necessary cleaning that exceed normal wear and tear, together with payment for any deposit balance.
Each state sets its own laws about how long landlords have to return or account for the use of a security deposit. Usually, landlords must return any remaining security deposit within 14 to 30 days after the tenant moves out (regardless of whether they move out either voluntarily or by eviction).
If a tenant causes damage mid-tenancy, a landlord usually can use money from the security deposit to fix the issue, and then require the tenant to replenish the deposit.