State Laws on Termination for Violation of Lease

Learn about the time limits to which a landlord must adhere before he or she can evict a tenant for violating a lease.

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Many states give tenants a specified amount of time to cure or cease a lease or rental agreement violation or move before the landlord can file for eviction. This chart lists the time period for each state and includes the citation for additional details. In some states, if the tenant has not ceased or cured the violation at the end of that period, the tenant gets additional time to move before the landlord can file; in others, the tenant must move as soon as the cure period expires. And some states allow the landlord to terminate with an Unconditional Quit notice, without giving the tenant a chance to cure or cease the violation. The following rules may be tempered in domestic violence situations, depending on state law (see the Nolo article Legal Protections for Tenants Who Are Victims of Domestic Violence for the law in your state.)

State Statute Time Tenant Has to Cure the Violation
or Move Before Landlord Can File for Eviction

Alabama

Ala. Code § 35-A-421

14 calendar days, but if last day falls on a weekend or official holiday, the last day will be the court’s next official business day.

Alaska

Alaska Stat. §§ 09.45.090, 34.03.220

10 days for violators of agreement materially affecting health and safety; 3 days to cure for failing to pay utility bills, resulting in shut-off, additional 2 to vacate.

Arizona

Ariz. Rev. Stat. § 33-1368

5 days for violations materially affecting health and safety; 10 days for other violations of the lease terms.

Arkansas

No statute

Landlord can terminate with an unconditional quit notice.

California

Cal. Civ. Proc. Code § 1161(3)

3 days

Colorado

Colo. Rev. Stat. § 13-40-104(1)(d.5), (e)

3 days (no cure for certain substantial violations).

Connecticut

Conn. Gen. Stat. Ann. § 47a-15

15 days; no right to cure for nonpayment of rent or serious nuisance.

Delaware

Del. Code Ann. tit. 25, § 5513(a)

7 days

District of Columbia

D.C. Code § 42-3505.01

30 days

Florida

Fla. Stat. Ann. § 83.56(2)

7 days (no cure for certain substantial violations).

Georgia

No statute

Landlord can terminate with an Unconditional Quit notice.

Hawaii

Haw. Rev. Stat. §§ 521-72, 666-3

10 days notice to cure: if it has not ceased, must wait another 20 to file for eviction; 24 hours to cease a nuisance: if it has not ceased in 24 hours, 5 days to cure before filing for eviction.

Idaho

Idaho Code § 6-303

3 days

Illinois

No statute

Landlord can terminate with an Unconditional Quit notice.

Indiana

No statute

Landlord can terminate with an Unconditional Quit notice.

Iowa

Iowa Code § 562A.27(1)

7 days

Kansas

Kan. Stat. Ann. § 58-2564(a)

14 days to cure and an additional 16 to vacate.

Kentucky

Ky. Rev. Stat. Ann. § 383.660(1)

15 days

Louisiana

No statute

Landlord can terminate with an Unconditional Quit notice.

Maine

No statute

Landlord can terminate with an Unconditional Quit notice.

Maryland

Md. Real Prop. Code Ann. § 8-402.1

30 days unless breach poses clear and imminent danger, then 14 days (no cure).

Massachusetts

No statute

Landlord can terminate with an Unconditional Quit notice.

Michigan

Mich. Comp. Laws § 600.5714(c)

30 days for tenant at will or if lease provides for termination for violations of its provisions.

Minnesota

Minn. Stat. Ann. § 504B.285 (Subd.4)

Landlord can immediately file for eviction.

Mississippi

Miss. Code Ann. § 89-8-13

30 days

Missouri

No statute

Landlord can terminate with an Unconditional Quit notice.

Montana

Mont. Code Ann. § 70-24-422

14 days; 3 days if unauthorized pet or person on premises.

Nebraska

Neb. Rev. Stat. § 76-1431

14 days to cure, 16 additional days to vacate.

Nevada

Nev. Rev. Stat. Ann. § 40.2516

3 days to cure, 2 additional days to vacate.

New Hampshire

No statute

Landlord can terminate with an Unconditional Quit notice.

New Jersey

N.J. Stat. Ann. §§ 2A:18-53(c),
2A:18-61.1(e)(1)

3 days; lease must specify which violations will result in eviction. (Some courts have ruled that the tenant be given an opportunity to cure the violation or condition any time up to the entry of judgment in favor of the landlord.)

New Mexico

N.M. Stat. Ann. § 47-8-33(A)

7 days

New York

N.Y. Real Prop. Acts Law § 753(4)[NYC]

Regulated units: 10 days or as set by applicable rent regulation.

Nonregulated units: No statute. Lease sets applicable cure and/or termination notice periods.

North Carolina

No statute

Landlord can terminate with an Unconditional Quit notice if lease specifies termination for violation.

North Dakota

No statute

Landlord can terminate with an Unconditional Quit notice if term is material.

Ohio

No statute

Landlord can use Unconditional Quit notice for violation of material lease provisions.

Oklahoma

Okla. Stat. Ann. tit. 41, § 132(A), (B)

10 days to cure, additional 5 days to vacate.

Oregon

Ore. Rev. Stat. §§ 90.392, 90.405

14 days to cure, additional 16 days to vacate; 10 days to remove an illegal pet.

Pennsylvania

No statute

Landlord can terminate with an Unconditional Quit notice.

Rhode Island

R.I. Gen. Laws § 34-18-36

20 days for material noncompliance.

South Carolina

S.C. Code Ann. § 27-40-710(A)

14 days

South Dakota

S.D. Codified Laws Ann. § 21-16-2

Landlord can file eviction lawsuit immediately, without giving tenant an opportunity to cure, if tenant violates a lease clause that provides for immediate termination upon violation.

Tennessee

Tenn. Code Ann. § 66-28-505(d)

14 days to cure; tenant has an additional 16 to vacate (does not apply if substantially the same act or omission was the subject of a similar notice within the past six months).

Texas

No statute

Landlord may use an Unconditional Quit notice.

Utah

Utah Code Ann. § 78B-6-802

3 days

Vermont

No statute

Landlord can terminate with an Unconditional Quit notice.

Virginia

Va. Code Ann. § 55-248.31

21 days to cure, additional 9 to quit.

Washington

Wash. Rev. Code Ann. § 59.12.030(4)

10 days

West Virginia

W.Va. Code § 55-3A-1

Landlord can immediately file for eviction; no notice is required.

Wisconsin

No statute

Landlord can terminate with an Unconditional Quit notice.

Wyoming

Wyo. Stat. §§ 1-21-1002, 1-21-1003

3 days

 

by: , Attorney

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