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 |
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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 |
3 days |
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 |
Updated: January 9, 2023
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