State Laws on Termination for Nonpayment of Rent

Learn what laws apply in your state for termination for nonpayment of rent.

State Laws on Termination for Nonpayment of Rent

In most states, when tenants are late with the rent, landlords can't immediately file for eviction. Instead, landlords must give tenants written notice that they have a specified number of days in which to pay up or move out. If the tenants do neither, 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. Note that 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 business days

Alaska

Alaska Stat. §§ 09.45.090, 34.03.220

7 days

Arizona

Ariz. Rev. Stat. Ann. § 33-1368

5 days

Arkansas1

Ark. Stat. §§ 18-16-101,18-17-701, 18-60-304

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 Ann. § 18-16-101.

5 days

California

Cal. Civ. Proc. Code § 1161(2)

3 days, excluding Saturdays, Sundays, and other judicial holidays

Colorado2

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

10 days, 5 days for single-family houses being rented under an "exempt residential agreement"

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

District of Columbia3

D.C. Code Ann. § 42-3505.01

Landlords can evict for nonpayment of rent only when the past due rent is equal to more than $600 and any of the following applies: (a) the tenant fails to submit an emergency rental assistance application within 60 days of receiving a notice of past due rent (b) the tenant's application for emergency rental assistance was denied, or the application was approved with a balance of equal to or greater than $600 remaining unpaid, and the landlord and tenant haven't established a rent payment plan within 14 days of the denial; or (c) the tenant has a rent payment plan and is at least $600 or 2 months behind on the terms of the payment plan, whichever is greater.

Florida

Fla. Stat. Ann. § 83.56(3)

3 days, excluding Saturdays, Sundays, and legal holidays

Georgia

Ga. Code Ann. §§ 44-7-50, 44-7-52

The landlord can demand the rent as soon as it is due and, if not paid, can file for eviction. The tenant then has 7 days to pay to avoid eviction.

Hawaii4

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 (if notice is delivered by mailing, add 2 days from date of mailing)

Kentucky

Ky. Rev. Stat. Ann. § 383.660(2)

7 days

Louisiana

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

The 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 the landlord must tell the 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

10 days

Massachusetts5

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 the tenant can avoid paying rent and costs on or before the day the answer is due). Holdover tenants (tenants at sufferance): No specific time for notice to quit, but the landlord must give them a reasonable period of time to remove themselves and property from the premises.

Michigan

Mich. Comp. Laws § 554.134(2)

The landlord may terminate immediately with a 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. The tenant may stay if rent and costs are paid prior to removal.

Missouri

Mo. Rev. Stat. § 535.010

The 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)

7 days

Nevada6

Nev. Rev. Stat. Ann. §§ 40.2512, 40.253

7 days

New Hampshire7

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

7 days

New Jersey8

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

Landlord can terminate with an unconditional quit notice.

New Mexico

N.M. Stat. Ann. § 47-8-33(D)

3 days

New York

N.Y. Real Prop. Law § 235-e(d); N.Y. Real Prop. Acts. Law § 711(2)

14 days

Landlords must send written notice (via certified mail) to tenants who are five 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.

North Carolina

N.C. Gen. Stat. § 42-3

10 days

North Dakota

N.D. Cent. Code § 47-32-01

The 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)

The landlord can terminate with an unconditional quit notice.

Oklahoma

Okla. Stat. Ann. tit. 41, § 131

5 days

Oregon9

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 the commencement of the 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.

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 the tenant is 5 days late (or if there is a month-to-month tenancy following such an agreement), the landlord may do so without further notice to the tenant. If there is no such written agreement, the 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. The landlord can terminate with an unconditional quit notice.

3 days

Tennessee

Tenn. Code Ann. § 66-28-505 (in counties with a population of more than 75,000 according to the 2010 census); Tenn. Code Ann. § 66-7-109 (in counties with a population with fewer than 75,000)

14 days

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 business days

Vermont

Vt. Stat. Ann. tit. 9, § 4467(a)

14 days

Virginia10

Va. Code Ann. §§ 55.1-1245, 55.1-1250

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.

Washington11

Wash. Rev. Code Ann. §§ 59.12.030(3), 59.18.057, 59.18.650

14 days

West Virginia

W.Va. Code § 55-3A-1

The 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; the 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 must give a 3-day unconditional quit notice before filing for eviction.

3 days

1 Arkansas uses unconditional quit notices (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. (Arkansas)

2 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. (Colorado)

3 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 Ann. § 42-3505.01(b-1)(2). (District of Columbia)

4 Through December 31, 2022, landlords must give 15 days' notice and contain specific language relating to available COIVD-19 relief. They must also provide the notice to a mediation center that offers free mediation for residential landlord-tenant matters. See Haw. Rev. Stat. Ann. § 521-68 for details and to check current status of law. (Hawaii)

5 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 (and 4 more to quit). If the landlord doesn't give them the required notification, they have 14 days to pay. (Massachusetts)

6 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 seven 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. (Nevada)

7 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 three times in a 12-month period. (New Hampshire)

8 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 three days to pay all rent due, which will result in the court dismissing the case. If, after four or more days, tenants pay all rent plus the landlords costs, the court will also dismiss the case. In limited situations, landlords may evict tenants who are "habitually late" with the rent with one month's notice, with no opportunity for tenants to cure the default. (New Jersey)

9 The 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)

10 A state of emergency declared by the Governor related to the COVID-19 pandemic might affect both landlords' and tenants' rights. See Va. Code § 55.1-1245. (Virginia)

11 The notice must conform with the requirements in Wash. Rev. Code Ann. § 59.18.057, and the landlord must provide a copy to the dispute resolution center located within or serving the county where the rental is located. (Washington)

Updated: January 26, 2022

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