State Laws on Termination for Nonpayment of Rent

Does a landlord in your state have to give the tenant the right to pay rent before they can file for eviction?

By , Attorney · UC Berkeley School of Law

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 Laws on Termination for Nonpayment of Rent

Alabama

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

Back to Top

Alaska

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

Back to Top

Arizona

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

Back to Top

Arkansas

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

Back to Top

California

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

Back to Top

Colorado

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

Back to Top

Connecticut

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.

Back to Top

Delaware

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.

Back to Top

District of Columbia

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

Back to Top

Florida

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

Back to Top

Georgia

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

Back to Top

Hawaii

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

Back to Top

Idaho

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

Back to Top

Illinois

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

Back to Top

Indiana

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

Back to Top

Iowa

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

Back to Top

Kansas

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

Back to Top

Kentucky

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

Back to Top

Louisiana

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

Back to Top

Maine

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).

Back to Top

Maryland

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

Back to Top

Massachusetts

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

Back to Top

Michigan

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

Back to Top

Minnesota

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

Back to Top

Mississippi

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

Back to Top

Missouri

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

Back to Top

Montana

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

Back to Top

Nebraska

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

Back to Top

Nevada

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

Back to Top

New Hampshire

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

Back to Top

New Jersey

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

Back to Top

New Mexico

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

Back to Top

New York

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.

Back to Top

North Carolina

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

Back to Top

North Dakota

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

Back to Top

Ohio

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

Back to Top

Oklahoma

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

Back to Top

Oregon

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).

Back to Top

Pennsylvania

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

Back to Top

Rhode Island

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

Back to Top

South Carolina

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

Back to Top

South Dakota

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

Back to Top

Tennessee

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

Back to Top

Texas

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

Back to Top

Utah

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

Back to Top

Vermont

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

Back to Top

Virginia

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

Back to Top

Washington

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

Back to Top

West Virginia

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

Back to Top

Wisconsin

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

Back to Top

Wyoming

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

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
Get Professional Help

Talk to a Landlord-Tenant attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you