State Laws on Termination for Violation of Lease

Learn the time limits required before a landlord may evict a tenant for violating a lease.

States have very specific rules for procedures landlords must follow if they want to terminate a tenancy. State laws typically vary depend 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 may 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

State

Statute

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

Alabama

Ala. Code § 35-9A-421

14 calendar 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.

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

Colorado

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

3 days (no cure for certain substantial violations).

Connecticut

Conn. Gen. Stat. Ann. § 47a-15

15 days; no right to cure for nonpayment of rent or serious nuisance.

Delaware

Del. Code Ann. tit. 25, § 5513(a)

7 days

District of Columbia

D.C. Code § 42-3505.01

30 days

Florida

Fla. Stat. Ann. § 83.56(2)

7 days (no cure for certain substantial violations).

Georgia

No statute

Landlord can terminate with an Unconditional Quit notice.

Hawaii

Haw. Rev. Stat. §§ 521-72, 666-3

10 days notice to cure: if it has not ceased, must wait another 20 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

No statute

Landlord can terminate with an Unconditional Quit notice.

Iowa

Iowa Code § 562A.27(1)

7 days

Kansas

Kan. Stat. Ann. § 58-2564(a)

14 days to cure and an additional 16 to vacate.

Kentucky

Ky. Rev. Stat. Ann. § 383.660(1)

15 days

Louisiana

La. Civ. Proc. art. 4701

5 days

Maine

Me. Rev. Stat. Ann. tit. 14 § 6002

7 days

Maryland

Md. Real Prop. Code Ann. § 8-402.1

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

Massachusetts

No statute

Landlord can terminate with an Unconditional Quit notice.

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. Ann. § 504B.285 (Subd.4)

Landlord can immediately file for eviction.

Mississippi

Miss. Code Ann. § 89-8-13

30 days

Missouri

No statute

Landlord can terminate with an Unconditional Quit notice.

Montana

Mont. Code Ann. § 70-24-422

14 days; 3 days if unauthorized pet or person on premises.

Nebraska

Neb. Rev. Stat. § 76-1431

14 days to cure, 16 additional days to vacate.

Nevada

Nev. Rev. Stat. Ann. § 40.2516

5 days to cure

New Hampshire

N.H. Rev. Stat. Ann. § 540:3

30 days

New Jersey

N.J. Stat. Ann. §§ 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. Ann. § 47-8-33(A)

7 days

New York

N.Y. Real Prop. Acts Law §§ 711,

753(4)[NYC]

Regulated units: 10 days or as set by applicable rent regulation. Nonregulated units: No statute. Lease sets applicable cure and/or termination notice periods.

North Carolina

No statute

Landlord can terminate with an Unconditional Quit notice if lease specifies termination for violation.

North Dakota

No statute

Ohio

Ohio Revised Code §§ 1923.02(A)(9)

and 1923.04

3 days

Oklahoma

Okla. Stat. Ann. 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

No statute

Landlord can terminate with an Unconditional Quit notice.

Rhode Island

R.I. Gen. Laws § 34-18-36

20 days for material noncompliance.

South Carolina

S.C. Code Ann. § 27-40-710(A)

14 days

South Dakota

S.D. Codified Laws Ann. §§ 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 Ann. § 66-28-505(d)

14 days

Texas

Tex. Prop. Code § 24.005

3 days

Utah

Utah Code Ann. § 78B-6-802

3 days

Vermont

Vt. Stat. Ann. tit.9 § 4467(b)(1)

30 days

Virginia

Va. Code. Ann. § 55-248.31

21 days to cure, additional 9 to quit. If tenant does not cure 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.

Washington

Wash. Rev. Code Ann. § 59.12.030(4)

10 days

West Virginia

W.Va. Code § 55-3A-1

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

Wisconsin

Wis. Stat. Ann. § 704.17

5 days, no opportunity to cure for public housing tenants who have committed drug-related violations.

Wyoming

Wyo. Stat. §§1-21-1002, 1-21-1003

3 days

Updated: November 2017

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