State Laws on Termination for Nonpayment of Rent

State Laws on Termination for Nonpayment of Rent

If the tenant is late with the rent, in most states the landlord cannot immediately file for eviction. Instead, the landlord must give the tenant written notice that the tenant has a specified number of days in which to pay up or move. If the tenant does neither, the landlord can file for eviction. In some states, the landlord must wait a few days after the rent is due before giving the tenant the notice; other states allow the landlord to file for eviction immediately. The following rules may 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. § 33-1368

5 days

Arkansas 1

Ark. Stat. §§ 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. §§ 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 § 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. Rev. Stat. §§ 58-2507, 58-2508, 58-2564(b)

10 days (tenancies over 3 months)

3 days (tenancies less than 3 months)

Kentucky

Ky. Rev. Stat. Ann. § 383.660(2)

7 days

Louisiana

La. Civ. Proc. art. 4701

Landlord can terminate with an Unconditional Quit notice.

Maine

Me. Rev. Stat. tit. 14, § 6002

7 days

Notice cannot be delivered until the rent is 7 days late, and must tell tenant that tenant can

contest the termination in court (failure to so advise prohibits

entry of a default judgment).

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

State Laws on Termination for Nonpayment of Rent (continued)

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

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. Ann. Laws ch. 186,

§§ 11 to 12

Tenants with rental agreements or leases, in accordance with agreement, or if not addressed in the agreement, 14 days’ notice (but tenant can avoid by paying rent and costs before answer); holdover tenants:

landlord can file for eviction immediately.

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. Acts Law § 711(2)

3 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. § 90.394(2)(a)

72 hours (3 days)

Notice cannot be delivered until

the rent is 8 days late.

Or. Rev. Stat. § 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

2. For tenants at will who have not received notices in the preceding 12 months, 10 days to pay, 4 more to quit (unless notice is insufficient, then 14 days to pay). (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)

State Laws on Termination for Nonpayment of Rent (continued)

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

Rhode Island

R.I. Gen. Laws § 34-18-35

5 days. Tenant can stay if rent paid back prior to commencement of suit. If tenant has not received a Pay or Quit notice for nonpayment of rent within past 6 months, tenant can stay if rent and costs paid back prior to eviction hearing.

15 days.

South Carolina

S.C. Code Ann. § 27-40-710(B),

§ 27-37-10(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 Ann.

§§ 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. Tenant who pays rent, costs, interest, and reasonable attorneys’ fees can stay,

but may invoke this right only once in any 12-month period.

If tenant does not pay and does not move within the time alotted, for each day that the tenant remains, tenant will owe rent

of up to 150% of the per diem of the 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. §§ 1-21-1002 to 1-21-1003

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

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 per diem of the monthly rent, but only if the rental agreement includes a clause specifying this result. (Virginia)

Updated: November 2017

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