State Laws on Termination for Nonpayment of Rent

State Laws on Termination for Nonpayment of Rent

In most states, when tenants are late with rent, landlords cannot immediately file for eviction. Instead, a landlord must give tenants written notice that they have a specified number of days in which to pay up or move out. If, after the time has run, the tenants haven’t paid or moved out, the landlord can file for eviction. In some states, landlords must wait a few days after the rent is due before giving tenants notice; other states allow landlords to file for eviction immediately. The following rules might be tempered in domestic violence situations, depending on state law. For more details on your state's law, visit the Library of Congress's legal research site, which provides links to state statutes.

State

Statute

Time Tenant Has to Pay Rent or Move Before Landlord Can File for Eviction

Legal Late Period: How Long Landlord Must Wait Before Giving Notice to Pay or Quit

Alabama

Ala. Code § 35-9A-421

7 days

Alaska

Alaska Stat. §§ 09.45.090, 34.03.220

7 days

Arizona

Ariz. Rev. Stat. Ann. § 33-1368

5 days

Arkansas 1

Ark. Code Ann. §§ 18-17-701, 18-16-101

5 days

California

Cal. Civ. Proc. Code § 1161(2)

3 days

Colorado

Colo. Rev. Stat. § 13-40-104(1)(d)

3 days

Connecticut

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

9 days

Unconditional Quit notice cannot be delivered until the rent is 9 days late.

Delaware

Del. Code Ann. tit. 25, §§ 5501(d), 5502

5 days

If rental agreement provides for a late charge, but landlord does not maintain an office in the county in which the rental unit is located, due date for the rent is extended 3 days; thereafter, landlord can serve a 5-day notice.

District of Columbia

D.C. Code Ann. § 42-3505.01

30 days (nonpayment of a late fee cannot be the basis of an eviction)

Florida

Fla. Stat. Ann. § 83.56(3)

3 days

Georgia

Ga. Code Ann. §§ 44-7-50, 44-7-52

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.

Hawaii

Haw. Rev. Stat. § 521-68

5 days

Idaho

Idaho Code § 6-303(2)

3 days

Illinois

735 Ill. Comp. Stat. § 5/9-209

5 days

Indiana

Ind. Code Ann. § 32-31-1-6

10 days

Iowa

Iowa Code § 562A.27(2)

3 days

Kansas

Kan. Stat. Ann. § 58-2564(b)

3 days

Kentucky

Ky. Rev. Stat. Ann. § 383.660(2)

7 days

Louisiana

La. Civ. Proc. Code Ann. art. 4701

Landlord can terminate with an Unconditional Quit notice.

Maine

Me. Rev. Stat. Ann. tit. 14, § 6002

7 days

Notice cannot be delivered until the rent is 7 days late, and landlord must tell tenant that tenant can contest the termination in court (failure to so advise prohibits entry of a default judgment).

Maryland

Md. Code Ann. [Real Prop.], § 8-401

Can file immediately; must give 5 days’ notice to appear in court; if tenant doesn’t pay and landlord wins, tenant has 4 days to vacate.

If tenant pays all back rent and court costs before end if trial, tenant can stay.

Massachusetts2

Mass. Gen. Laws ch. 186, §§ 11, 11A, 12

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.

Michigan

Mich. Comp. Laws § 554.134(2)

Landlord may terminate immediately with 7-day notice.

Minnesota

Minn. Stat. Ann. §§ 504B.135, 504B.291

14 days’ notice required if tenancy at will (no lease); 30 days’ or more notice for a lease with a term of more than 20 years.

Mississippi

Miss. Code Ann. §§ 89-7-27, 89-7-45

3 days. Tenant may stay if rent and costs are paid prior to removal.

Missouri

Mo. Rev. Stat. § 535.010

Landlord can terminate with an Unconditional Quit notice.

Montana

Mont. Code Ann. § 70-24-422(2)

3 days

Nebraska

Neb. Rev. Stat. § 76-1431(2)

3 days

Nevada

Nev. Rev. Stat. Ann. § 40.251

5 days

New Hampshire

N.H. Rev. Stat. Ann. §§ 540:2, 540:3, 540:9

7 days. Tenant also owes $15 in liquidated damages, but use of this remedy is limited to three times within twelve months.

New Jersey

N.J. Stat. Ann. §§ 2A:18-53, 2A:18-61.1, 2A:18-61.2, 2A:42-9

30 days. Landlord must accept rent and costs any time up to the day of trial.

New Mexico

N.M. Stat. Ann. § 47-8-33(D)

3 days

New York State

N.Y. Real Prop. Law § 711(2)

14 days

North Carolina

N.C. Gen. Stat. § 42-3

10 days

North Dakota

N.D. Cent. Code § 47-32-01

Landlord can file for eviction when rent is 3 days overdue and can terminate with an Unconditional Quit notice.

Ohio

Ohio Rev. Code Ann. § 1923.02(A)(9)

Landlord can terminate with an Unconditional Quit notice.

Oklahoma

Okla. Stat. Ann. tit. 41, § 131

5 days

Oregon3

Or. Rev. Stat. Ann. § 90.394(2)(a)

72 hours (3 days)

Notice cannot be delivered until the rent is 8 days late.

Or. Rev. Stat. Ann. § 90.394(2)(b)

144 hours (6 days)

Notice cannot be delivered until the rent is 5 days late.

Pennsylvania

68 Pa. Cons. Stat. Ann. § 250.501(b)

10 days

Rhode Island

R.I. Gen. Laws § 34-18-35

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 past 6 months, they can stay if they pay rent and costs prior to eviction hearing.

15 days.

South Carolina

S.C. Code Ann. §§ 27-37-10(B), 27-40-710(B)

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.

South Dakota

S.D. Codified Laws §§ 21-16-1(4), 21-16-2

3 days, and landlord can terminate with an Unconditional Quit notice.

Tennessee

Tenn. Code Ann. § 66-28-505

14 days to pay; additional 16 days to vacate.

Texas

Tex. Prop. Code Ann. § 24.005

3 days’ notice to move (lease may specify a shorter or longer time).

Utah

Utah Code Ann. § 78B-6-802

3 days

Vermont

Vt. Stat. Ann. tit. 9, § 4467(a)

14 days

Virginia 4

Va. Code Ann. §§ 55-225, 55-225.38(C), 55-243, 55-248.31

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 two days of the scheduled eviction. These rights may be invoked only once within any 12-month period of continuous residence.

If tenant doesn’t pay and doesn’t move out within the time allotted, for each day that the tenant remains, tenant will owe rent of up 150% of the prorated monthly rent, but only if the rental agreement includes a clause specifying this result.

Washington

Wash. Rev. Code Ann.

§ 59.12.030(3)

3 days

West Virginia

W.Va. Code § 55-3A-1

Landlord can file for eviction immediately, no notice required, no opportunity to cure.

Wisconsin

Wis. Stat. Ann. § 704.17

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 (cannot use Unconditional Quit notice).

Tenants with a lease longer than one year: 30 days (cannot use Unconditional Quit notice).

Wyoming

Wyo. Stat. Ann. §§ 1-21-1002 to 1-21-1003

Landlord can file for eviction when rent is 3 or more days late and tenant has been given at least 3 days' notice. Landlord can also terminate with an Unconditional Quit notice.

1 Willful failure to move within ten days is a misdemeanor that subjects the tenant to a misdemeanor (fine only). (Arkansas)

2 Tenants at will who have not received another notice in the preceding 12 months have 10 days to pay rent owed in full to avoid termination; if landlord doesn’t give them the required notification, they have until the time the answer is due to cure. (Massachusetts)

3 Landlord has a choice: Serve pay or quit notice after rent is 8 days late (tenant has 72 hours to pay or quit), or serve the notice earlier, after rent is overdue 5 days (tenant has longer, 144 hours, to pay or quit). (Oregon)

4 If tenant does not pay and does not move within the time allotted, for each day that the tenant remains, tenant will owe rent of up 150% of the prorated monthly rent, but only if the rental agreement includes a clause specifying this result. (Virginia)

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