State Laws on Termination for Violation of Lease

State Laws on Termination for Violation of Lease

State

Statute

Time Tenant Has to Cure the Violation or Move Before Landlord Can File for Eviction

Alabama

Ala. Code § 35-9A-421

7 business days

Alaska

Alaska Stat. §§ 09.45.090, 34.03.220

10 days for violators of agreement materially affecting health and safety; 3 days to cure for failing to pay utility bills, resulting in shut-off, additional 2 to vacate.

Arizona

Ariz. Rev. Stat. § 33-1368

5 days for violations materially affecting health and safety; 10 days for other violations of the lease terms. If there's an additional act of noncompliance during the same lease term, the landlord can give a 10-day notice to quit (no chance to cure). If the violation is material, irreparable, and relates to health and safety (or is a criminal act), the landlord can give tenant a notice to quit immediately.

Arkansas

Ark. Stat. §§ 18-17-701, 18-17-702

Tenant has 14 days to cure a remediable violation. If violation materially affects tenant's health and safety, tenant must remedy as promptly as conditions require in case of emergency (or within 14 days after written notice by the landlord if it is not an emergency); failure entitles landlord to terminate the tenancy.

California

Cal. Civ. Proc. Code § 1161(3)

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

Colorado

Colo. Rev. Stat. §§ 13-40-104(1)(d.5)-(e), 13-40-107.5

10 days to cure a (non-substantial) lease violation, unless the property is leased under an "exempt residential agreement" (in which case it's 5 days to cure). No opportunity to cure substantial lease violations, landlords must give three days' notice to move.

Connecticut

Conn. Gen. Stat. § 47a-15

15 days; no right to cure for serious nuisance.

Delaware

Del. Code tit. 25, § 5513(a)

7 days. If there's a repeat within one year, the landlord can file for eviction right away. If the breach is something that violates a law or threatens harm to person or property, there's no right to cure, and the landlord can file for eviction right away.

District of Columbia

D.C. Code § 42-3505.01

30 days

Florida

Fla. Stat. § 83.56(2)

7 days (no cure for certain substantial violations)

Georgia

Ga. Code § 44-7-50

Although statute doesn't specifically mention lease violations as grounds for eviction, Georgia courts allow lease violation as a ground for an unconditional quit notice under the statute.

Hawaii

Haw. Rev. Stat. §§ 521-72, 666-3

10 days' notice to cure: if it has not ceased, must wait another 30 to file for eviction; 24 hours to cease a nuisance: if it has not ceased in 24 hours, 5 days to cure before filing for eviction.

Idaho

Idaho Code § 6-303

3 days

Illinois

735 Ill. Comp. Stat. 5/9-210

10 days

Indiana

Ind. Code § 32-31-1-8

Landlord can terminate with an unconditional quit notice.

Iowa

Iowa Code § 562A.27(1)

7 days

Kansas

Kan. Stat. § 58-2564(a)

14 days to cure and an additional 16 to vacate. If there's a repeat violation, no opportunity to cure and landlord can file eviction suit after 30 days' notice.

Kentucky

Ky. Rev. Stat. § 383.660(1)

15 days to cure. If there's a repeat violation within six months, the landlord can give an unconditional 14-day notice to quit.

Louisiana

La. Civ. Proc. art. 4701

5 days, no opportunity to cure necessary.

Maine

Me. Rev. Stat. tit. 14 § 6002

7 days

Maryland

Md. Real Prop. Code § 8-402.1

30 days unless breach poses clear and imminent danger, then 14 days (no cure).

Massachusetts

Mass. Gen. Laws ch. 186, § 12

Landlord can terminate with 30 days' notice or one full rental period in advance of termination date, whichever is longer.

Michigan

Mich. Comp. Laws § 600.5714

For causing serious, continuous health hazards or damage to the premises: 7 days after receiving notice to restore or repair or quit (domestic violence victims excepted).

Minnesota

Minn. Stat. § 504B.285 (Subd.4)

Landlord can immediately file for eviction.

Mississippi

Miss. Code § 89-8-13

14 days. If there's a repeat violation within six months, no opportunity to cure is necessary.

Missouri

Mo. Rev. Stat. § 441.040

10 days' unconditional notice to quit.

Montana

Mont. Code § 70-24-422

14 days; 3 days if unauthorized pet or person on premises, or if the noncompliance is from verbal abuse of the landlord by a tenant.

Nebraska

Neb. Rev. Stat. § 76-1431

14 days to cure, 16 additional days to vacate if not cured within 14 days. If substantially the same violation recurs within 6 months, the landlord can terminate without opportunity to cure with 14 days' notice.

Nevada

Nev. Rev. Stat. § 40.2516

5 days

New Hampshire

N.H. Rev. Stat. §§ 540:2; 540:3

30 days; 7 days if there's substantial damage to the premises by the tenant or tenant poses a risk to health or safety of other tenants or the landlord.

New Jersey

N.J. Stat. §§ 2A:18-53(c), 2A:18-61.1(e)(1)

3 days; lease must specify which violations will result in eviction. (Some courts have ruled that the tenant be given an opportunity to cure the violation or condition any time up to the entry of judgment in favor of the landlord.)

New Mexico

N.M. Stat. § 47-8-33(A)

7 days

New York

N.Y. Real Prop. Acts Law §§ 711, 753(4)

Regulated units: 10 days or as set by applicable rent regulation. Nonregulated units: No statute. Lease sets applicable cure and/or termination notice periods. When eviction is based on violation of lease, court must grant a 30-day stay of the eviction warrant to give tenant an opportunity to cure the breach.

North Carolina

No statute

Landlord can terminate with an unconditional quit notice if lease specifies termination for violation.

North Dakota

N.D. Cent. Code § 47-32-02

Ohio

Ohio Rev. Code §§ 1923.02(A)(9), 1923.04

3 days

Oklahoma

Okla. Stat. tit. 41, § 132(A), (B)

10 days to cure, additional 5 days to vacate.

Oregon

Or. Rev. Stat. §§ 90.392, 90.405

14 days to cure, additional 16 days to vacate; 10 days to remove an illegal pet.

Pennsylvania

68 Pa. Con. Stat. § 250.501

15 days if the lease is for one year or less; 30 days if lease is for more than a year.

Rhode Island

R.I. Gen. Laws § 34-18-36

20 days for material noncompliance.

South Carolina

S.C. Code § 27-40-710(A)

14 days

South Dakota

S.D. Codified Laws §§ 21-16-1(7), 21-16-2

Landlord must give tenant 3 days' notice to quit (no opportunity to cure) before filing for eviction, in specified situations. Other situations require no notice.

Tennessee

Tenn. Code § 66-28-505(a)(3)

14 days

Texas

Tex. Prop. Code § 24.005

3 days

Utah

Utah Code § 78B-6-802

3 days

Vermont

Vt. Stat. tit. 9 § 4467(b)(1)

30 days; 14 days for criminal activity, drug activity, or acts of violence.

Virginia

Va. Code. § 55.1-1245

21 days to cure, additional 9 to quit; 30 if violation can't be cured.

Washington

Wash. Rev. Code §§ 59.12.030(4), 59.18.650

10 days; 3 days if tenant commits or permits waste or nuisance, engages in unlawful activity, or other substantial or repeated and unreasonable interference with the use and enjoyment of the premises by the landlord or neighbors.

West Virginia

W.Va. Code § 55-3A-1

Landlord can immediately file for eviction; no notice is required.

Wisconsin

Wis. Stat. § 704.17

5 days, no opportunity to cure for public housing tenants who have committed drug-related violations.If it's a repeat violation, 14 days with no opportunity to cure.

Wyoming

Wyo. Stat. §§ 1-21-1002, 1-21-1003

3 days