State Laws on Unconditional Quit Terminations

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An unconditional termination notice orders the tenant to move out within a short period of time. 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 in these circumstances; additional details are available in the statute (citation provided). 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 to Move Out Before Landlord Can File For Eviction When Unconditional Quit Notice Can Be Used

Alabama

Ala. Code
§ 35-9A-421

14 days

Misrepresentation of a material fact in a rental application or rental agreement

7 days

Possession or use of illegal drugs in the rental or common areas, discharge of a firearm (some exceptions), criminal assault of a tenant or guest on the premises (some exceptions)

Alaska

Alaska Stat. § 34.03.220(a)(1)

24 hours

Tenant or guest intentionally causing more than $400 of damage to landlord’s property or same violation of lease within 6 months

§ 9.45.090(a)(2)(G)

5 days

Specified illegal activity on the premises

§ 34.03.220(e)

3 days

Failure to pay utility bills twice within six months

§ 34.03.300(a)

10 days

Refusal to allow the landlord to enter

Arizona

Ariz. Rev. Stat. Ann. § 33-1368

10 days

Material misrepresentation of criminal record, current criminal activity, or prior eviction record

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. Stat. Ann. §§ 18-60-304, 18-16-101

3 days

Nonpayment of rent (after 10 days' notice, tenant may be prosecuted for a misdemeanor and, if convicted, fined $25 per day). Engaging in (or allowing others to engage in) illegal gambling, prostitution, or the unlawful sale of alcohol (tenant has five days to file an answer in court, and may defend at a court hearing).

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)(e.5)

Immediately

Any repeated violation of a lease clause

Connecticut

Conn. Gen. Stat. Ann. §§ 47a-23, 47a-15, 47a-15a

3 days

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 farmworker who does not vacate upon cessation of employment and tenancy

Conn. Gen. Stat. Ann. § 47a-31

Immediately

Conviction for prostitution or gambling

Delaware

Del. Code Ann. tit. 25, §§ 5513, 5514

7 days

Violation of a lease provision that also constitutes violation of municipal, county, or state code or statute, or same violation of a material lease provision repeated within 12 months

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. Ann. § 83.56(2)(a)

7 days

Intentional destruction of the rental property or other tenants’ property or unreasonable disturbances; repeated violations of the lease within a 12-month period

Georgia

Ga. Code Ann. §§ 44-7-50, 44-7-52

Immediately

Nonpayment of rent more than once within 12 months, holding over

Hawaii

Haw. Rev. Stat. §§ 521-70(c), 521-69, 666-3

Immediately

Causing or threatening to cause irremediable damage to any person or property.

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 Ann.
§ 32-31-1-8

Immediately

Tenants with lease: holding over. Tenants without lease: committing waste

Iowa

Iowa Code Ann. § 562A.27

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

Iowa Code Ann. § 562A.27A

7 days

Repeating same violation of lease within 6 months that affects health and safety

Kansas

Kan. Stat. Ann.
§ 58-2564(a)

30 days

Second similar material violation of the lease after first violation was corrected

Kentucky

Ky. Rev. Stat. Ann. § 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. Ann. tit. 14, § 6002

7 days

Tenants at will: Violations of law relating to the tenancy, substantial damage to the premises, maintaining a nuisance, or causing the dwelling to be unfit for human habitation

Maryland

Md. Code Ann. [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 Ann. [Real Prop.]
§ 8-401 (e)(1)

30 days

Any lease violation if the lease states that tenancy can terminate for violation of the lease; and, when tenant is late with the rent three times within the past 12 months, but landlord must have won an eviction lawsuit for each prior nonpayment of rent episode (tenants may reinstate their tenancy by paying rent and court costs after the landlord has won an eviction lawsuit, but before physical eviction)

Massachusetts

Mass. Ann. 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(c)

7 days

Willfully or negligently causing a serious and continuing health hazard or damage to the premises

Mich. Comp. Laws § 554.134

24 hours

Manufacture, dealing, or possession of illegal drugs on leased premises (landlord must first file a police report, and there must be a lease provision allowing termination for this reason)

7 days

Failure to pay rent

Minnesota

Minn. Stat. Ann. § 504B.135

14 days

Tenant at will who fails to pay rent when due

Mississippi

Miss. Code Ann. § 89-8-13

14 days

Repeating the same act, which constituted a lease violation and for which notice was given, within 6 months

30 days

Nonremediable violation of lease or obligations imposed by statute

Missouri

Mo. Ann. 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 Ann. § 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 Ann. § 70-24-422

3 days

Unauthorized pet or person living on premises; destroying or removing any part of the premises; being arrested for or charged with drug- or gang-related activity

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

Nevada

Nev. Rev. Stat. Ann. § 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

§ 40.2516

Immediately

Violation of lease term that can’t be cured

New Hampshire

N.H. Rev. Stat. Ann. §§ 540:1-a, 540:2, 540:3

 

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). (See N.H. Rev. Stat. § 540:1-a.)

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 his family that adversely affects the health or safety of the other tenants or the landlord or his 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 his family that adversely affects the health or safety of the other tenants or the landlord or his representatives;  failure of the tenant to accept suitable temporary relocation required by lead-based paint hazard abatement.

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. Ann. §§ 2A:18-53(c), 2A:19-61.1,
2A:18-61.2(a)

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); or liability in a civil action for theft from landlord, landlord’s family, landlord’s employee, or another tenant

N.J. Stat. Ann. §§  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. Ann. § 47-8-33(I)

3 days

Substantial violation of the lease

N.M. Stat. Ann. § 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. Law § 232-a

30 days

In New York City, holdover of month-to-month tenancy

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 §§ 47-32-02

3 days

Failure to pay rent within 3 days of the due date, holding over after the lease has expired; holding over after a sale or any judicial process ending the tenancy; violating a material term of the lease; using the property in a manner contrary to the agreement of the parties

Ohio

Ohio Rev. Code Ann. §§ 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. Ann. tit. 41, § 132

Immediately

Criminal or drug-related activity or repeated violation of the lease

Oregon

Ore. Rev. Stat. §§ 90.396, 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

Pennsylvania

68 Pa. Cons. Stat. Ann., § 250.501(b)

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. Ann., § 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 which 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 Ann. § 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. Cod. Laws §§ 21-16-1, 21-16-2

3 days

Nonpayment of rent, substantial damage to the property, or holdover

Tennessee

Tenn. Code Ann. § 66-28-505(a)

14 days

Repeating an act which violates the lease or rental agreement or affects health or safety twice within 6 months (notice must have been given for the first violation)

Texas

Tex. Prop. Code § 24.005

3 days (lease may specify a shorter or longer time)

Nonpayment of rent or holdover

Utah

Utah Code Ann. § 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. Ann. tit. 9, § 4467

30 days

Three notices for nonpayment or late rent within a 12-month period or any violation of the lease or landlord-tenant law

Virginia

Va. Stat. Ann. §§ 55-248.31, 55-248.32

30 days

Repeated violation of lease (after earlier violation was cured or nonremediable lease violation materially affecting health and safety)

Immediately

A breach of the lease or rental agreement that is willful or a criminal act, is not remediable, and is a threat to the health or safety of others

Washington

Wash. Rev. Code Ann. § 59.12.030

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

Not specified

Wisconsin

Wis. Stat. Ann. § 704.17

14 days (month-to-month tenants)

Failure to pay rent, violation of the rental agreement, or 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.)

by: , Attorney

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