State Laws on Unconditional Quit Terminations

State Laws on Unconditional Quit Terminations

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
or common areas; illegal use, possession, discharge of a firearm on the premises (some exceptions); criminal assault of a tenant or guest on the premises (some exceptions); any breach for substantially the same acts or omissions for which a notice to terminate has previously been provided for by the landlord and cured by the tenant within the past six months.

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.

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.)
10 days for repeated violation of lease clause, except that landlords who own five or fewer single family rental homes may provide in their lease or rental agreement for a single-family home (an "exempt residential agreement") that only five days' notice is required. (Colo. Rev. Stat. §§ 13-40-104 (1)(e.5), (5)(b).)

When tenant has substantially violated lease clause. (Colo. Rev. Stat. §§ 13-40-104 (1)(d.5), 13-40-107.5.)
Any repeated violation of a lease clause. (Colo. Rev. Stat. § 13-40-104 (1)(e.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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

Other rules will apply to properties subject to statewide rent control/rent stabilization laws or NYC rent control/rent stabilization laws. Contact a local attorney or rent control organization for more information.

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.

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.

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.

30 days (lease more than 1 year)

Violations of the terms of the lease.

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.

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.

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)

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.

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).

5 days (all tenants)

Causing a nuisance on the property (landlord must have written notice from a law enforcement agency regarding the nuisance).

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.).