An unconditional termination notice orders the tenant to move out within a short period of time or (in some cases) immediately. All states allow landlords to use unconditional quit notices when a tenant has repeatedly violated a lease clause, has substantially damaged the rental unit, is dealing drugs, or for other specified reasons. Here are state rules on when a landlord can use an unconditional quit termination notice and how much time the landlord must give the tenant to vacate the rental unit before the landlord can file an eviction lawsuit. As noted, the amount of time might differ depending on the circumstances. For additional details, see your state statute. (The citation is provided here, and you can visit the Library of Congress's legal research site for links to state statutes).
The following termination rules might be tempered in domestic violence situations, depending on state law.
State Laws on Unconditional Quit Terminations |
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State |
Statute |
Time to Move Out Before Landlord Can File For Eviction |
When Unconditional Quit Notice Can Be Used |
Alabama |
Ala. Code § 35-9A-421 |
7 business days |
Intentional misrepresentation of a material fact in a rental application or rental agreement; possession or use of illegal drugs in the rental |
Alaska
|
Alaska Stat. § 34.03.220(a)(1)(2) |
5 days |
Tenant repeats a violation of the lease or other violation of law within 6 months. |
Alaska Stat. §§ 09.45.090(a)(2)(G), 34.03.310(c)(3) |
5 days |
Tenant is committing waste or nuisance, is using the rental for an illegal purpose, or is using the rental for purposes other than living or dwelling (in violation of the lease or rental agreement). |
|
Alaska Stat. §§ 09.45.090(a)(2)(G), 34.03.120(b), 34.03.220(a)(1), and 34.03.310(c)(3) |
24 hours to 5 days |
Tenant or guest intentionally inflicts "substantial damage" (damage greater than $400) to the premises; or engages in prostitution, an illegal activity involving a place of prostitution, an illegal activity involving alcoholic beverages, an illegal activity involving gambling or promoting gambling, an illegal activity involving a controlled substance, or an illegal activity involving an imitation controlled substance, or knowingly permit others in the premises to engage in one or more of those activities at the rental premises. |
|
Alaska Stat. § 34.03.220(e) |
3 days |
Failure to pay utility bills that resulted in service termination twice within 6 months. |
|
Alaska Stat. § 34.03.300(a) |
10 days |
Refusal to allow the landlord to enter. |
|
Arizona |
Ariz. Rev. Stat. § 33-1368 |
10 days |
Material misrepresentation of criminal record, current criminal activity, or prior eviction record; additional act of noncompliance of same or similar nature after a previous remedy of noncompliance. |
Immediately |
Discharging a weapon; homicide, prostitution, criminal street gang activity; use or sale of illegal drugs, assaults, acts constituting a nuisance or breach of the rental agreement that threaten harm to others. |
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Arkansas |
Ark. Code §§ 81-17-701, 18-16-101 |
5 days |
Noncompliance by the tenant with the rental agreement when the violation is not remediable; using (or allowing another person to use) the premises in a way constituting a common nuisance, or permitting/conducting specified criminal offenses; rent unpaid within five days of rent due date. If rent is unpaid within ten days of due date, tenant may be charged with a misdemeanor (fine only). |
California |
Cal. Civ. Proc. Code § 1161(4) |
3 days |
Assigning or subletting without permission, committing waste or a nuisance, illegal activity on the premises. |
Colorado |
Colo. Rev. Stat. §§ 13-40-104(1)(d.5), (1)(e.5), (5)(b); 13-40-107.5 |
3 days for substantial violations. (Colo. Rev. Stat. § 13-40-107.5.) |
When tenant has substantially violated lease clause. (Colo. Rev. Stat. §§ 13-40-104 (1)(d.5), 13-40-107.5.) |
Connecticut |
Conn. Gen. Stat. §§ 47a-23, 47a-15, 47a-15a |
3 days (or 10 days if the tenant is not a resident of the state) |
Nonpayment of rent, serious nuisance, violation of the rental agreement, same violation within 6 months relating to health and safety or materially affecting physical premises, rental agreement has terminated (by lapse of time, stipulation, violation of lease, nonpayment of rent after grace period, serious nuisance, occupancy by someone who never had the right to occupy), when summary eviction is justified (refusal to a fair and equitable increase, intent of the landlord to use as a principal residence, removal of the unit from the housing market), domestic or farm worker who does not vacate upon cessation of employment and tenancy. |
Conn. Gen. Stat. § 47a-31 |
Immediately |
Conviction for prostitution or gambling that occurred at the rental. |
|
Delaware |
Del. Code Ann. tit. 25, § 5513(a) |
7 days |
Violation of a lease provision that also constitutes a violation of municipal, county, or state code or statute; or a violation of a material lease provision repeated within 12 months of a substantially similar previous violation. |
Del. Code Ann. tit. 25, § 5513(b) |
Immediately |
Violation of law or breach of the rental agreement that causes or threatens to cause irreparable harm to the landlord's property or to other tenants. |
|
District of Columbia |
D.C. Code § 42-3505.01(c) |
30 days |
Court determination that an illegal act was performed within the rental unit. |
Florida |
Fla. Stat. § 83.56(2)(a) |
7 days |
Intentional destruction of the rental property or other tenants' property or unreasonable disturbances; for destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance (after written warning within previous 12 months); a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation. |
Georgia |
Ga. Code §§ 44-7-50, 44-7-52 |
Immediately |
Nonpayment of rent more than once within 12 months; holding over. |
Hawaii |
Haw. Rev. Stat. §§ 521-69, 521-71, 521-72 |
Immediately |
Tenant fails to use the property according to law and the failure causes or threatens to cause damage to any person, certain property, or constitutes a violation of certain codes; tenant fails to maintain unit according to law, and the failure causes or threatens to cause irremediable damage to any person or property. When tenant continues in possession after the agreed date of termination without the landlord's consent, the landlord can give unconditional notice to quit immediately within the first 60 days of holdover. |
Haw. Rev. Stat. § 666-3 |
5 days |
Second failure to abate a nuisance within 24 hours of receiving notice. |
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Idaho |
Idaho Code § 6-303 |
Immediately |
Using, delivering, or producing a controlled substance on the property at any time during the lease term. |
3 days |
Assigning or subletting without the consent of the landlord or causing serious damage to the property. |
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Illinois |
735 Ill. Comp. Stat. § 5/9-210 |
10 days |
Failure to abide by any term of the lease. |
740 Ill. Comp. Stat. § 40/11 |
5 days |
Unlawful use or sale of any controlled substance. |
|
Indiana |
Ind. Code § 32-31-1-8 |
Immediately |
Tenants with lease: holding over. Tenants without lease: committing waste. |
Iowa |
Iowa Code § 562A.27 |
7 days |
Repeating same violation of lease within 6 months that affects health and safety. |
Iowa Code § 562A.27A |
3 days |
Creating a clear and present danger to the health or safety of the landlord, tenants, or neighbors within 1,000 feet of the property boundaries. |
|
Kansas |
Kan. Stat. § 58-2564(a) |
30 days |
Second similar material violation of the lease after first violation was corrected. |
Kentucky |
Ky. Rev. Stat. § 383.660(1) |
14 days |
Repeating the same material violation of the lease within 6 months of being given a first cure or quit notice. |
Louisiana |
La. Civ. Code Art. 2686; La. Code Civ. Proc. art. 4701 |
5 days |
Failure to pay rent, using dwelling for purpose other than the intended purpose (lease may specify shorter or longer notice, or eliminate requirement of notice), or upon termination of the lease for any reason. |
Maine |
Me. Rev. Stat. tit. 14, §§ 6001, 6002, 6025 |
7 days |
Holdover tenants if notice is served within 7 days of the end of the original term; substantial and unrepaired damage to the premises; causing, permitting, or maintaining a nuisance; tenant is a perpetrator of domestic violence, sexual assault, or stalking and the victim is also a tenant; tenant or tenants guest is a perpetrator of violence, a threat of violence, or sexual assault against certain others; the person occupying the premises is not an authorized occupant of the premises. Landlord can also terminate when a tenant changes the lock and refuses to provide landlord with a duplicate key. |
Maryland |
Md. Code Real Prop., § 8-402.1(a) |
14 days |
Breaching lease by behaving in a manner that presents a clear and imminent danger to the tenant himself, other tenants, guests, the landlord, or the landlord's property, lease provides for termination for violation of lease clause, and landlord has given 14 days' notice. |
Md. Code Real Prop., § 8-401 |
10 days |
When tenant hasn't paid rent and has had 3 judgments of possession entered for rent due and unpaid in the 12 months prior. |
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Massachusetts |
Mass. Gen. Laws ch. 186, § 12 |
14 days |
Tenant at will receiving second notice to pay rent or quit within 12 months. |
Michigan |
Mich. Comp. Laws § 600.5714(d) and (e) |
7 days |
Failure to pay rent, causing or threatening physical injury to an individual (landlord must have filed a police report). |
Mich. Comp. Laws § 554.134 |
24 hours |
Manufacture, dealing, or possession of illegal drugs on leased premises (landlord must first file a police report). |
|
Minnesota |
Minn. Stat. § 504B.135 |
14 days |
Tenant at will who fails to pay rent when due |
Mississippi |
Miss. Code § 89-8-13 |
14 days |
Repeating the same act—which constituted a lease violation and for which notice was given—within 6 months; nonremediable violation of lease or obligations imposed by statute. |
Missouri |
Mo. Rev. Stat. §§ 441.020, 441.030, 441.040 |
10 days |
Using the premises for gambling, prostitution, or possession, sale, or distribution of controlled substances; assigning or subletting without consent; seriously damaging the premises or violating the lease. |
Montana |
Mont. Code § 70-24-422(1)(e) |
5 days |
Repeating the same act (that constituted a lease violation and for which notice was given) within 6 months. |
Mont. Code § 70-24-422 |
3 days |
Unauthorized pet or person living on premises; destroying or removing any part of the premises; creating a reasonable potential that the premises may be damaged or destroyed, or that neighboring tenants might be injured, due to tenant's drug, or gang-related, or other illegal activity. |
|
Mont. Code § 70-24-422(1)(d) |
14 days |
Any other noncompliance with rental agreement that can't be remedied or repaired. |
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Nebraska |
Neb. Rev. Stat. § 76-1431(1) |
14 days |
Repeating the same act (that constituted a lease violation and for which notice was given) within 6 months. |
Neb. Rev. Stat. § 76-1431(4) |
5 days |
When tenant or guest engages in violent criminal activity or sells a controlled substance on the premises, or acts in a way that threatens the health or safety of other tenants, landlord, landlord's employees or agents. |
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Nevada |
Nev. Rev. Stat. § 40.2514 |
3 days |
Assigning or subletting in violation of the lease; substantial damage to the property; conducting an unlawful business; permitting or creating a nuisance; causing injury and damage to other tenants or occupants of the property or adjacent buildings or structures; unlawful possession for sale, manufacture, or distribution of illegal drugs. |
Nev. Rev. Stat. § 40.2516 |
Immediately |
Violation of lease term that can't be cured. |
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New Hampshire |
N.H. Rev. Stat. § 540:1-a |
Different rules apply depending on whether the property is "restricted" (most residential property) or "nonrestricted" (single-family houses, if the owner of such a house does not own more than 3 single-family houses at any one time; rental units in an owner-occupied building containing a total of 4 dwelling units or fewer; and single-family houses acquired by banks or other mortgagees through foreclosure). |
|
N.H. Rev. Stat. §§ 540:2, 540:3 |
7 days |
Restricted property: Neglect or refusal to pay rent due and in arrears, upon demand; substantial damage to the premises; failure to comply with a material term of the lease; behavior of the tenant or members of tenant's family that adversely affects the health or safety of the other tenants or the landlord or landlord's representatives; failure of the tenant to accept suitable temporary relocation required by lead-based paint hazard abatement; other good cause. Nonrestricted: Neglect or refusal to pay rent due and in arrears, upon demand; substantial damage to the premises; behavior of the tenant or members of tenant's family that adversely affects the health or safety of the other tenants or the landlord or landlord's representatives; failure of the tenant to accept suitable temporary relocation required by lead-based paint hazard abatement; failure to prepare unit for insect (including bed bug) remediation. |
|
30 days |
Nonrestricted only: For any legal reason other than those specified just above (for which 7 days' notice is required). |
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New Jersey |
N.J. Stat. §§ 2A:18-53(c), 2A:18-61.2(a), 2A:19-61.1 |
3 days |
Disorderly conduct; willful or grossly negligent destruction of landlord's property; assaults upon or threats against the landlord; termination of tenant's employment as a building manager, janitor, or other employee of the landlord; conviction for use, possession, or manufacture of an illegal drug either on the property or adjacent to it within the last two years, unless the tenant has entered a rehabilitation program (includes harboring anyone so convicted); conviction or civil liability for assault or terroristic threats against the landlord, landlord's family, or landlord's employee within the last two years (includes harboring); liability in a civil action for theft from landlord, landlord's family, landlord's employee, or another tenant; committing or harboring human trafficking. |
N.J. Stat. §§ 2A:18-61.2(b), 2A:18-61.1 |
One month |
Habitual failure to pay rent after written notice; continued violations, despite repeated warnings, of the landlord's reasonable rules and regulations; at the termination of a lease, refusal to accept reasonable changes of substance in the terms and conditions of the lease, including specifically any change in the term thereof. |
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New Mexico |
N.M. Stat. § 47-8-33(I) |
3 days |
Substantial violation of the lease. |
N.M. Stat. § 47-8-33(B) & (C) |
7 days |
Repeated violation of a term of the rental agreement within 6 months. |
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New York |
N.Y. Real Prop. Acts. § 711 |
Immediately |
When there is a landlord-tenant relationship, the landlord can begin a special proceeding to remove the tenant when tenant: Holds over after the lease has expired; has a lease for a term of three years or less and has (during the tenancy) taken the benefit of an insolvency statute or been declared bankrupt; or uses the rental as a "bawdy-house," for prostitution, or other illegal business. |
North Carolina |
N.C. Gen. Stat. § 42-26(a) |
Immediately |
Violation of a lease term that specifies that eviction will result from noncompliance or holdover of tenancy. |
North Dakota |
N.D. Cent. Code § 47-32-01 |
no notice required |
Entering by force, intimidation, fraud, or stealth; committing acts of force, threats, or menacing conduct; retaining possession by menacing and threats of violence; unreasonably disturbing other tenants' peaceful enjoyment of the premises. |
N.D. Cent. Code §§ 47-32-02 and 47-32-01 |
3 days |
Holding over after the lease has expired; failing to pay rent for three days after it's due; holding over after a sale or any judicial process ending the tenancy; violating a material term of the lease. |
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N.D. Cent. Code § 47-16-07.6 |
no notice required |
Making a false claim of a legal disability, in an attempt to obtain an accommodation (waiver of landlord's no pets rule); or knowingly providing fraudulent documentation in connection with such a claim. Each violation is an infraction and entitles the landlord to evict and demand a damage fee of up to $1,000. |
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Ohio |
Ohio Rev. Code §§ 1923.02 to 1923.04, 5321.17 |
3 days |
Nonpayment of rent; violation of a written lease or rental agreement; when the landlord has "reasonable cause to believe" that the tenant has used, sold, or manufactured an illegal drug on the premises (conviction or arrest not required). |
Oklahoma |
Okla. Stat. tit. 41, § 132 |
Immediately |
Criminal or drug-related activity or repeated violation of the lease. |
Oregon |
Ore. Rev. Stat. §§ 90.396, 90.398, 90.403 |
24 hours |
Violence or threats of violence by tenant or a guest; intentionally causing substantial property damage; giving false information on an application within the past year regarding a criminal conviction (landlord must terminate within 30 days of discovering the falsity); committing any act "outrageous in the extreme" (see statute); intentionally or recklessly injuring someone (or placing them in fear of imminent danger) because of the tenant's perception of the person's race, color, religion, national origin, or sexual orientation; second failure to remove a pet that has caused substantial damage; a repeat within six months of a prior drug or alcohol violation of which notice was given. |
Pennsylvania |
68 Pa. Cons. Stat., § 250.501(b) and (d) |
10 days |
Nonpayment of rent. |
15 days (lease 1 year or less or lease of unspecified time) |
Violations of the terms of the lease. |
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30 days (lease more than 1 year) |
Violations of the terms of the lease. |
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68 Pa. Cons. Stat., § 250.505-A |
10 days (any tenancy) |
First conviction for illegal sale, manufacture, or distribution of an illegal drug; repeated use of an illegal drug; seizure by law enforcement of an illegal drug within the leased premises. |
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Rhode Island |
R.I. Gen. Laws § 34-18-36(e) |
20 days |
Repeating an act that violates the lease or rental agreement or affects health or safety twice within 6 months (notice must have been given for the first violation). |
R.I. Gen. Laws §§ 34-18-24, 34-18-36(f) |
Immediately |
Any tenant who possesses, uses, or sells illegal drugs or who commits or attempts to commit any crime of violence on the premises or in any public space adjacent; "Seasonal tenant" whose lease runs from May 1 to October 15 or from September 1 to June 1 of the next year, with no right of extension or renewal, who has been charged with violating a local occupancy ordinance, making excessive noise, or disturbing the peace. |
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South Carolina |
S.C. Code § 27-40-710 |
Immediately |
Nonpayment of rent after receiving one notification during the tenancy or allowing illegal activities on the property. |
South Dakota |
S.D. Codified Laws §§ 21-16-1, 21-16-2 |
3 days |
Nonpayment of rent, substantial damage to the property, or holdover. |
Tennessee |
Tenn. Code §§ 66-28-406, 66-28-505, 66-28-517 (applies only in counties having a population of more than seventy-five thousand (75,000), according to the 2010 federal census) |
3 days // 14 days // 7 days // immediately |
3 days when tenant or guest willfully or intentionally commits a violent act, threatens health, safety, or welfare or life or property of others on premises, or is an unauthorized subtenant or occupant who refuses to leave. (Tenn. Code § 66-28-517) // 14 days when tenant materially violates the lease or rental agreement or engages in acts that materially affect health and safety, and the action is not remediable. (Tenn. Code § 66-28-505(a)(3)) // 7 days when tenant repeats within six months a violation of being late with rent or damaging property. (Tenn. Code § 66-28-505(a)(2)(B)) // Immediately when tenant misrepresents a disability or disability-related need for the use of a service or support animal or provides false documentation stating that an animal is a service or support animal. (Tenn. Code §§ 66-28-505(f) and 66-28-406(f)) |
Tenn. Code §§ 66-7-109, 66-7-111 (applies only in counties of less than 75,000 residents, according to the 2010 federal census) |
14 days // 14 days // 30 days // 3 days // 3 days // immediately |
14 days when tenant willfully or intentionally commits a violent act or threatens health, safety, or welfare of property or people; but if the tenant is in a housing authority or is not mentally or physically disabled, the landlord can give only 3 days' notice. (Tenn. Code § 66-7-109(a)(1) and (d)) // 14 days if repeats within six months a violation of being late with rent or damaging property. (Tenn. Code § 66-7-109(a)(2)) // 30 days when tenant violates lease agreement in another way. (Tenn. Code § 66-7-109(b)) // 3 days when tenant engages in any drug-related criminal activity. (Tenn. Code § 66-7-109(d)(2)) // 3 days when the landlord seeks to remove an unauthorized subtenant or occupant. (Tenn. Code § 66-7-109(f)) // Immediately when tenant misrepresents a disability or disability-related need for the use of a service or support animal or provides false documentation stating that an animal is a service or support animal. (Tenn. Code § 66-7-111) |
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Texas |
Tex. Prop. Code § 24.005 |
3 days (lease may specify a shorter or longer time) |
Nonpayment of rent or holdover. |
Utah |
Utah Code § 78B-6-802 |
3 days |
Holdover, assigning or subletting without permission, substantial damage to the property, carrying on an unlawful business on the premises, maintaining a nuisance, committing a criminal act on the premises. |
Vermont |
Vt. Stat. tit. 9, § 4467 |
30 days (for material breach of lease or rental agreement) // 14 days (for criminal activity, illegal drug activity, or acts of violence) |
Violation of a material term of the lease; failure to comply with state's landlord-tenant law. // 14 days' notice applies for termination based on criminal activity, illegal drug activity, or acts of violence which threaten the health or safety of other residents. |
Virginia |
Va. Code § 55.1-1245 |
30 days |
30 day unconditional quit notice used when: (a) tenant commits an unremediable breach; or (b) tenant repeats a violation of lease (after earlier violation was cured and tenant intentionally commits another breach similar to the first). |
Immediately |
When tenant breaches the lease or rental agreement by committing a willful or criminal act that is a threat to the health or safety of others. |
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Washington |
Wash. Rev. Code §§ 59.12.030, 59.18.650 |
3 days |
Holdover, serious damage to the property, carrying on an unlawful business, maintaining a nuisance, or gang-related activity. |
West Virginia |
W.Va. Code § 55-3A-1 |
Immediately |
Failure to pay rent, violation of any lease provision, or damage to the property. |
Wisconsin |
Wis. Stat. § 704.17 |
14 days (month-to- month tenants) |
Failing to pay rent, violating the rental agreement, or causing substantial damage to the property. |
14 days (tenants with a lease of less than one year, or year-to- year tenants) |
Failing to pay the rent on time, causing substantial property damage, or violating any lease provision more than once within one year (must have received proper notice for the first violation). |
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5 days (all tenants) |
Causing a nuisance on the property (landlord must have written notice from a law enforcement agency regarding the nuisance). |
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Wyoming |
Wyo. Stat. §§ 1-21-1002, 1003 |
3 days |
Nonpayment of rent, holdover, damage to premises, interference with another's enjoyment, denying access to landlord, or violating duties defined by statute (such as maintaining unit, complying with lease, disposing of garbage, etc.). |
Updated: April 5, 2023
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