State Laws on Termination for Violation of Lease

States have very specific procedures landlords must follow to terminate a tenancy. The procedure typically varies depending on whether the reason for termination is the tenant's nonpayment of rent or violation of a lease clause. This chart covers the latter (termination for tenant violation of a lease clause). Many states give tenants a specified amount of time to cure or cease a lease or rental agreement violation or to move out before the landlord can file for eviction. This chart lists the time period for each state (this could be as little as three days to as many as 30 days, depending on the state).

The chart also includes the legal citation for additional details (you can read the actual law on the website maintained by the Cornell Legal Information Institute). In some states, if the tenant has not ceased or cured the violation at the end of the specified time period, the tenant gets additional time to move before the landlord can file an eviction lawsuit; in others, the tenant must move as soon as the cure period expires. And some states allow the landlord to terminate with an unconditional quit notice, without giving the tenant a chance to cure or cease the violation. The following rules may be tempered in domestic violence situations, depending on state law.

State Laws on Termination for Violation of Lease

Alabama

Statute or case: Ala. Code § 35-9A-421

Time tenant has to cure the violation or more before landlord can file for eviction: 7 business days.

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Alaska

Statute or case: Alaska Stat. §§ 09.45.090, 34.03.220

Time tenant has to cure the violation or more before landlord can file for eviction: 10 days for violations of agreement materially affecting health and safety. If the notice is because of the tenant's failure to pay utility bills that has resulted in a shut-off, the landlord can serve the tenant with a 5-day notice to quit. The tenant has 3 days from the date of the notice to reinstate service and reimburse landlord for any costs. If the tenant doesn't cure in those 3 days, they have the remaining 2 days of the 5-day notice to move out.

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Arizona

Statute or case: Ariz. Rev. Stat. § 33-1368

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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Arkansas

Statute or case: Ark. Stat. §§ 18-17-701, 18-17-702

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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California

Statute or case: Cal. Civ. Proc. Code § 1161(3)

Time tenant has to cure the violation or more before landlord can file for eviction: 3 days, excluding Saturdays, Sundays, and other judicial holidays.

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Colorado

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

Time tenant has to cure the violation or more before landlord can file for eviction: 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 3 days' notice to move.

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Connecticut

Statute or case: Conn. Gen. Stat. § 47a-15

Time tenant has to cure the violation or more before landlord can file for eviction: 15 days; no right to cure for serious nuisance.

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Delaware

Statute or case: Del. Code tit. 25, § 5513(a)

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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District of Columbia

Statute or case: D.C. Code § 42-3505.01

Time tenant has to cure the violation or more before landlord can file for eviction: 30 days.

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Florida

Statute or case: Fla. Stat. § 83.56(2)

Time tenant has to cure the violation or more before landlord can file for eviction: 7 days (no cure for certain substantial violations).

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Georgia

Statute or case: Ga. Code § 44-7-50

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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Hawaii

Statute or case: Haw. Rev. Stat. §§ 521-72, 666-3

Time tenant has to cure the violation or more before landlord can file for eviction: 10 days' notice to cure, landlord must file for eviction within 30 days if the violation hasn't been cured by the deadline in the notice. For a nuisance, 24 hours to cease the nuisance. If the nuisance hasn't stopped within 24 hours, the landlord can terminate with a written 5-day notice.

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Idaho

Statute or case: Idaho Code § 6-303

Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.

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Illinois

Statute or case: 735 Ill. Comp. Stat. 5/9-210

Time tenant has to cure the violation or more before landlord can file for eviction: 10 days.

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Indiana

Statute or case: Ind. Code § 32-31-1-8

Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can terminate with an unconditional quit notice.

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Iowa

Statute or case: Iowa Code § 562A.27(1)

Time tenant has to cure the violation or more before landlord can file for eviction: 7 days.

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Kansas

Statute or case: Kan. Stat. § 58-2564(a)

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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Kentucky

Statute or case: Ky. Rev. Stat. § 383.660(1)

Time tenant has to cure the violation or more before landlord can file for eviction: 15 days to cure. If there's a repeat violation within 6 months, the landlord can give an unconditional 14-day notice to quit.

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Louisiana

Statute or case: La. Civ. Proc. art. 4701

Time tenant has to cure the violation or more before landlord can file for eviction: 5 days, no opportunity to cure necessary.

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Maine

Statute or case: Me. Rev. Stat. tit. 14 § 6002

Time tenant has to cure the violation or more before landlord can file for eviction: 7 days.

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Maryland

Statute or case: Md. Code Real Prop., § 8-402.1

Time tenant has to cure the violation or more before landlord can file for eviction: 30 days unless breach poses clear and imminent danger, then 14 days (no cure).

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Massachusetts

Statute or case: Mass. Gen. Laws ch. 186, § 12

Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can terminate with 30 days' notice or one full rental period in advance of termination date, whichever is longer.

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Michigan

Statute or case: Mich. Comp. Laws § 600.5714

Time tenant has to cure the violation or more before landlord can file for eviction: 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).

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Minnesota

Statute or case: Minn. Stat. §§ 504B.171 (Subd. 2), 504B.285 (Subd. 4)

Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can immediately file for eviction.

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Mississippi

Statute or case: Miss. Code § 89-8-13

Time tenant has to cure the violation or more before landlord can file for eviction: 14 days. If there's a repeat violation within 6 months, no opportunity to cure is necessary.

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Missouri

Statute or case: Mo. Rev. Stat. § 441.040

Time tenant has to cure the violation or more before landlord can file for eviction: 10 days' unconditional notice to quit.

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Montana

Statute or case: Mont. Code § 70-24-422

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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Nebraska

Statute or case: Neb. Rev. Stat. § 76-1431

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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Nevada

Statute or case: Nev. Rev. Stat. § 40.2516

Time tenant has to cure the violation or more before landlord can file for eviction: 5 days.

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New Hampshire

Statute or case: N.H. Rev. Stat. §§ 540:2, 540:3

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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New Jersey

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

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

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New Mexico

Statute or case: N.M. Stat. § 4-8-33(A)

Time tenant has to cure the violation or more before landlord can file for eviction: 7 days.

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New York

Statute or case: N.Y. Real Prop. Acts Law §§ 711, 753(4) (NYC)

Time tenant has to cure the violation or more before landlord can file for eviction: Regulated units: 10 days or as set by applicable rent regulation. Nonregulated units: No statute. Lease sets applicable cure and/or termination notice periods. State-wide: 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.

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North Carolina

Statute or case: No statute

Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can terminate with an unconditional quit notice if lease specifies termination for violation.

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North Dakota

Statute or case: N.D. Cent. Code § 47-32-02

Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.

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Ohio

Statute or case: Ohio Rev. Code §§ 1923.02(A)(9) and 1923.04

Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.

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Oklahoma

Statute or case: Okla. Stat. tit. 41, § 132(A), (B)

Time tenant has to cure the violation or more before landlord can file for eviction: 10 days to cure, additional 5 days to vacate.

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Oregon

Statute or case: Or. Rev. Stat. §§ 90.392, 90.405

Time tenant has to cure the violation or more before landlord can file for eviction: 14 days to cure, additional 16 days to vacate; 10 days to remove an illegal pet.

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Pennsylvania

Statute or case: 68 Pa. Con. Stat. § 250.501

Time tenant has to cure the violation or more before landlord can file for eviction: 15 days if the lease is for 1 year or less; 30 days if lease is for more than a year.

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Rhode Island

Statute or case: R.I. Gen. Laws § 34-18-36

Time tenant has to cure the violation or more before landlord can file for eviction: 20 days for material noncompliance.

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South Carolina

Statute or case: S.C. Code § 27-40-710(A)

Time tenant has to cure the violation or more before landlord can file for eviction: 14 days.

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South Dakota

Statute or case: S.D. Codified Laws §§ 21-16-1(7), 21-16-2

Time tenant has to cure the violation or more before landlord can file for eviction: In some situations, landlord must give tenant 3 days' notice to quit (no opportunity to cure) before filing for eviction. Other situations require no notice.

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Tennessee

Statute or case: Tenn. Code §66-28-505(a)(3)

Time tenant has to cure the violation or more before landlord can file for eviction: 14 days.

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Texas

Statute or case: Tex. Prop. Code § 24.005

Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.

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Utah

Statute or case: Utah Code §78B-6-802

Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.

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Vermont

Statute or case: Vt. Stat. tit. 9 § 4467(b)(1)

Time tenant has to cure the violation or more before landlord can file for eviction: 30 days; 14 days for criminal activity, drug activity, or acts of violence.

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Virginia

Statute or case: Va. Code § 55.1-1245

Time tenant has to cure the violation or more before landlord can file for eviction: 21 days to cure, additional 9 to quit; 30 if violation can't be cured.

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Washington

Statute or case: Wash. Rev. Code §§ 59.12.030(4), 59.18.650

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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West Virginia

Statute or case: W. Va. Code § 55-3A-1

Time tenant has to cure the violation or more before landlord can file for eviction: Landlord can immediately file for eviction; no notice is required.

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Wisconsin

Statute or case: Wis. Stat. § 704.17

Time tenant has to cure the violation or more before landlord can file for eviction: 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.

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Wyoming

Statute or case: Wyo. Stat. §§ 1-21-1002, 1-21-1003

Time tenant has to cure the violation or more before landlord can file for eviction: 3 days.

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