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 cannot 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.



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


Ala. Code § 35-9A-421

7 business days


Alaska Stat. §§ 09.45.090, 34.03.220

7 days


Ariz. Rev. Stat. Ann. § 33-1368

5 days


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

3 days

5 days


Cal. Civ. Proc. Code § 1161(2)

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


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"


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

9 days

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


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 Columbia

D.C. Code Ann. § 42-3505.01

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


Fla. Stat. Ann. § 83.56(3)

3 days, excluding Saturdays, Sundays, and legal holidays


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.


Haw. Rev. Stat. § 521-68

5 days


Idaho Code § 6-303(2)

3 days


735 Ill. Comp. Stat. § 5/9-209

5 days


Ind. Code Ann. § 32-31-1-6

10 days


Iowa Code § 562A.27(2)

3 days


Kan. Stat. Ann. § 58-2564(b)

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


Ky. Rev. Stat. Ann. § 383.660(2)

7 days


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

The landlord can terminate with an unconditional quit notice.


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).


Md. Code Ann. [Real Prop.], § 8-401

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

If the tenant pays all back rent, fees, and court costs before the actual execution of the eviction order, the tenant can stay.


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.


Mich. Comp. Laws § 554.134(2)

The landlord may terminate immediately with a 7-day notice.


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.


Miss. Code Ann. §§ 89-7-27, 89-7-45

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


Mo. Rev. Stat. § 535.010

The landlord can terminate with an unconditional quit notice.


Mont. Code Ann. § 70-24-422(2)

3 days


Neb. Rev. Stat. § 76-1431(2)

7 days


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 the 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

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 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 months notice, with no opportunity for tenants to cure the default.

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 Rev. Code Ann. § 1923.02(A)(9)

The landlord can terminate with an unconditional quit notice.


Okla. Stat. Ann. tit. 41, § 131

5 days


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.


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


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

14 days


Tex. Prop. Code Ann. § 24.005

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


Utah Code Ann. § 78B-6-802

3 business days


Vt. Stat. Ann. tit. 9, § 4467(a)

14 days


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


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

14 days

West Virginia

W.Va. Code § 55-3A-1

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


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).


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 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 the landlord doesn't give them the required notification, they have until the time the answer is due to cure. (Massachusetts)

3 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)

Updated: December 10, 2020

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