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Eviction notice periods by state

Rules and sources from each state's guideGeneral information, not legal advice

The notice a landlord must give before filing an eviction for unpaid rent, and for other lease violations where the state sets one, with the statute.

By state

StateUnpaid rentOther violations
Alabama 7 business days
after the tenant receives the written notice to terminate
Ala. Code § 35-9A-421(b)
7 business days
after receipt; some defaults cannot be cured
Ala. Code § 35-9A-421(a), (d)
Alaska 7 days
to pay in full after written notice
AS 34.03.220(b)
10 days
notice to quit; the lease continues if the breach is remedied
AS 34.03.220(a)(2)
Arizona 5 days
calendar days after written notice
A.R.S. § 33-1368(B) A.R.S. § 33-1368(G)
10 days
5 days for a health and safety breach
A.R.S. § 33-1368(A)
Arkansas 3 days
written notice to quit and demand for possession
Ark. Code Ann. § 18-60-304(3)
14 days
after the tenant receives written notice
Ark. Code Ann. § 18-17-701(a)
California 3 court days
not counting Saturdays, Sundays or judicial holidays
Cal. Code Civ. Proc. § 1161(2)
3 court days
not counting Saturdays, Sundays or judicial holidays
Cal. Code Civ. Proc. § 1161(3)
Colorado 10 days
to pay or give up possession
C.R.S. § 13-40-104(1)(d)
For a breach of a material lease term, serve written notice giving the tenant ten days to comply or give up possession (five days under an exempt residential agreement, three for employer-provided housing).
C.R.S. § 13-40-104(1)(e)
Connecticut 3 days
served after the grace period ends
Conn. Gen. Stat. § 47a-23(a)
15 days
after the tenant receives written notice
Conn. Gen. Stat. § 47a-15
Delaware 7 days
after the written demand is given or sent
25 Del. C. § 5502(a)
7 days
for a breach of a material rule or term
25 Del. C. § 5513(a)
Florida 3 days
not counting Saturdays, Sundays and legal holidays
Fla. Stat. § 83.56(3)
7 days
for a violation the tenant can fix
Fla. Stat. § 83.56(2)(b)
Georgia 3 business days
posted in a sealed envelope on the door and also delivered by any other method your lease names
O.C.G.A. § 44-7-50(c), (d)
When a tenant holds over past the lease term, or is a tenant at will or at sufferance, you may demand possession; if the tenant refuses or fails to leave, you may make a dispossessory affidavit. The statute states no number of days for that demand. Post the demand in a sealed envelope conspicuously on the door and also deliver it by any other method your lease names. No section read gives a tenant a period to cure a lease violation.
O.C.G.A. § 44-7-50(a), (d)
Hawaii 10 calendar days
after receipt; a copy also goes to a state-funded mediation center
HRS § 521-68(a)
10 days
after receipt, for a material breach of the tenant's duties or a rule
HRS § 521-69(a) HRS § 521-72(a)
Idaho 3 days
to pay or leave, with the 72-hour statement
Idaho Code § 6-303(2)
3 days
to perform or leave
Idaho Code § 6-303(3)
Illinois 5 days
at least 5 days after the demand is served
735 ILCS 5/9-209
10 days
notice to quit; the statute gives no right to cure
735 ILCS 5/9-210
Indiana 10 days
unless the lease says otherwise; full payment stops it
Ind. Code § 32-31-1-6
Indiana sets no notice or cure period for ending a lease over a breach other than unpaid rent, so the lease terms control. Before you sue a tenant to enforce the tenant duties in the statute, such as keeping the unit reasonably clean and not damaging it, you must give notice of the problem and a reasonable time to fix it.
Ind. Code § 32-31-7-7(b)
Iowa 3 days
written notice of nonpayment and intent to terminate
Iowa Code § 562A.27(2)
7 days
after the tenant receives the notice
Iowa Code § 562A.27(1)
Kansas 3 days
three consecutive 24-hour periods, plus 2 days when mailed
K.S.A. 58-2564(b)
14 days
with a termination date at least 30 days after receipt
K.S.A. 58-2564(a)
Kentucky 7 days
written notice before ending the lease, in a URLTA locality
KRS 383.660(2)
15 days
to remedy, with a termination date at least 14 days after receipt, in a URLTA locality
KRS 383.660(1)
Louisiana 5 days
from delivery, legal holidays not counted, unless a written lease clause waives it
La. C.C.P. art. 4701 La. C.C.P. art. 5059
Louisiana sets no fixed cure period for a lease violation. When a tenant fails to perform, you may seek dissolution of the lease under the general contract rules and then deliver the same five-day written notice to vacate used for unpaid rent.
La. Civ. Code art. 2719 La. C.C.P. art. 4701
Maine 7 days
once rent is 7 or more days in arrears
14 M.R.S. § 6002(1), (2)
In a tenancy at will you may end the tenancy on 7 days' written notice, stating the ground, if you can prove the tenant, family or invitees caused substantial damage not repaired before the notice, caused or allowed a nuisance, made the unit unfit or violated the law regarding the tenancy, or for the other listed causes, including violence or threats against other tenants or your staff and an unauthorized occupant. Maine gives no cure period on these notices. Under a written lease, the lease's breach terms control, and this 7-day notice applies if the lease has none.
14 M.R.S. § 6002(1), (2) 14 M.R.S. § 6001(1-B)
Maryland 10 days
notice of intent to file on the Judiciary form
Md. Code, Real Prop. § 8-401(c)
To end a lease early for a breach other than unpaid rent, the lease must allow it and you must give the tenant 30 days' written notice that they are violating the lease and that you want the home back. The notice period is 14 days when the breach involves behavior showing a clear and imminent danger of serious harm to people or property.
Md. Code, Real Prop. § 8-402.1(a)(1)
Massachusetts 14 days
in writing, with the state's form
Mass. G.L. c. 186, § 11 Mass. G.L. c. 186, § 12 Mass. G.L. c. 186, § 31
Chapter 186 sets no cure period or notice length for a lease violation other than unpaid rent. A tenancy at will may be ended on the ordinary notice for ending a tenancy at will, and section 12 does not require that notice to state a reason. For a fixed-term lease, chapter 186 has no provision on ending it for a breach other than nonpayment, so the lease's own terms matter. The eviction case then goes to court.
Mass. G.L. c. 186, § 12 Mass. G.L. c. 239, § 1
Michigan 7 days
from service of a written demand for possession
MCL 600.5714(1)(a)
Michigan sets no general notice or cure period for a lease violation other than unpaid rent. If the lease gives you a power to terminate for the breach, or the law implies one, you may start summary proceedings once the tenant holds over after that termination.
MCL 600.5714(1)(c)(i)
Minnesota 14 days
written notice with the contents the statute lists
Minn. Stat. § 504B.321, subd. 1a
The landlord and tenant chapter sets no notice or cure period before filing an eviction for a breach of the lease other than unpaid rent. A landlord may evict a tenant who holds over contrary to the lease's conditions or covenants, so any notice or chance to cure depends on what the lease itself says.
Minn. Stat. § 504B.285, subd. 1
Mississippi 3 days
notice that the agreement terminates if rent is not paid
Miss. Code Ann. § 89-8-13(5)(a)
14 days
termination date at least 14 days after the tenant receives the notice
Miss. Code Ann. § 89-8-13(3)
Missouri Demand first
no statutory wait; a lease forfeiture period delays the summons
Mo. Rev. Stat. § 535.020 Mo. Rev. Stat. § 535.060 Mo. Rev. Stat. § 535.050
If a tenant assigns the lease without your written consent, violates a condition of a written lease, commits waste, or allows gambling devices, a brothel or illegal drug possession, sale or distribution on the premises, you may give ten days' notice to vacate and then recover possession by the procedure the law provides. The statute gives no right to cure.
Mo. Rev. Stat. § 441.040 Mo. Rev. Stat. § 441.030 Mo. Rev. Stat. § 441.020
Montana 3 days
written notice of nonpayment and of your intention to terminate
MCA 70-24-422(2)
14 days
3 days for some breaches, 5 days for a repeat within 6 months
MCA 70-24-422(1)
Nebraska 7 calendar days
written notice of the nonpayment and your intention to terminate
Neb. Rev. Stat. § 76-1431(2)
14 days
with a termination date at least 30 days after receipt
Neb. Rev. Stat. § 76-1431(1)
Nevada 7 judicial days
after service, for a home; 10 days for a mobile home lot
NRS 40.2512(1)(b)
5 days
to perform the lease term or surrender
NRS 40.2516(1)
New Hampshire 7 days
written eviction notice, with or after a demand for rent
RSA 540:3, II
30 days
7 days for substantial damage or dangerous behavior
RSA 540:3, II
New Jersey None required
no notice to quit is needed to file for unpaid rent
N.J.S.A. 2A:18-61.2
For most breaches you must first give a written notice to cease, and if the tenant continues, a notice to quit before you file. After a written notice to cease, a continued substantial breach of either of these needs one month's notice to quit: a reasonable rule the tenant accepted in writing or that was in the lease from the start, or a reasonable lease term that was in the lease from the start where the lease reserves a right of reentry. Disorderly conduct that destroys the peace of other occupants needs three days'.
N.J.S.A. 2A:18-61.1(b), (d), (e) N.J.S.A. 2A:18-61.2(a), (b)
New Mexico 3 days
to pay after written notice of nonpayment
NMSA 1978 § 47-8-33(D)
7 days
for a first material breach; 3 days' notice for a substantial violation
NMSA 1978 § 47-8-33(A), (I)
New York 14 days
written demand to pay or give up possession
N.Y. Real Prop. Actions & Proc. Law § 711(2)
For a unit covered by the Good Cause Eviction Law, violating a substantial lease obligation is good cause only if the tenant fails to stop after written notice giving ten days from receipt to cure, and any house rules must be reasonable and accepted in writing or part of the lease from the start. No other statute read sets a notice period before a lease-violation case, so outside Good Cause the lease's own terms govern. After a judgment based on a lease breach, the court must stay the warrant for 30 days so the tenant can correct the breach.
N.Y. Real Prop. Law § 216(1)(b) N.Y. Real Prop. Actions & Proc. Law § 753(4)
North Carolina 10 days
after you demand all past-due rent, the term is forfeited
N.C. Gen. Stat. § 42-3
North Carolina sets no cure period for a lease violation other than unpaid rent. If the lease says the tenancy ends on a particular breach, you may seek summary ejectment once the tenant holds over after you demand possession.
N.C. Gen. Stat. § 42-26(a)(2)
North Dakota 3 days
written notice of intention to evict, after rent is 3 days late
N.D.C.C. § 47-32-01(4) N.D.C.C. § 47-32-02
3 days
notice of intention to evict; the chapters set no cure period
N.D.C.C. § 47-32-01(8) N.D.C.C. § 47-32-02
Ohio 3 days
served at least three days before an eviction is filed, with the statutory language
Ohio Rev. Code § 1923.04(A)
30 days
after the tenant receives it, for a tenant duty that materially affects health and safety
Ohio Rev. Code § 5321.11
Oklahoma 5 days
After written demand for payment
41 O.S. § 131(B)
10 days
Termination date at least 15 days after receipt
41 O.S. § 132(B)
Oregon 10 days
served from the 8th day, or 13 days served from the 5th
ORS 90.394(2)
14 days
within a 30-day termination notice
ORS 90.392(4)
Pennsylvania 10 days
from service of the written notice to quit; the lease may shorten or waive it
68 P.S. § 250.501(b), (e)
15 or 30 days
15 for a lease of one year or less, 30 for a longer lease; no right to cure
68 P.S. § 250.501(b)
Rhode Island 5 days
from mailing, once rent is 15 days in arrears
R.I. Gen. Laws § 34-18-35
20 days
from mailing; the lease ends no sooner than 21 days after mailing
R.I. Gen. Laws § 34-18-36
South Carolina 5 days
after the due date, not counting intermediate Saturdays, Sundays and holidays
S.C. Code Ann. § 27-40-710 (B) SCRCP 6(a)
14 days
after the tenant receives the notice
S.C. Code Ann. § 27-40-710 (A)
South Dakota 3 days
past due; no notice to quit is prescribed
SDCL § 21-16-1 (4)
You may end a lease early if the tenant uses the home, or lets it be used, in a way the lease forbids, or does not make repairs the tenant owes within a reasonable time after you ask. An eviction action is also available when the tenant does or fails to do an act that, under the lease, ends it. No statute read sets a fixed cure period.
SDCL § 43-32-18 SDCL § 21-16-1 (7)
Tennessee Not verified
the governing section is published only through LexisNexis; not read
Tenn. Code Ann. § 66-28-505 (not read) Tenn. Code Ann. § 66-7-109 (not read)
This topic has not been reviewed for this guide. See the Tennessee page
Texas 3 days
unless the written lease sets another period
Tex. Prop. Code § 24.005
For violations other than unpaid rent, chapters 24 and 92 give no general right to cure before the landlord gives a notice to vacate. The landlord gives the same written notice to vacate, at least three days unless the written lease sets another period, before filing an eviction suit.
Tex. Prop. Code § 24.005 Tex. Prop. Code § 92.332
Utah 3 business days
to pay or surrender, after service
Utah Code § 78B-6-802(1)(c)
3 calendar days
to perform or surrender
Utah Code § 78B-6-802(1)(h)
Vermont 14 days
the tenant can still pay through the rental period
9 V.S.A. § 4467(a)
30 days
14 days for criminal, drug or violent activity
9 V.S.A. § 4467(b)
Virginia 14 days
written notice of the nonpayment and of your intention to terminate
Va. Code § 55.1-1245(F)
21 days
termination no sooner than 30 days after the tenant receives the notice
Va. Code § 55.1-1245(A)
Washington 14 days
after service, on the statutory form
RCW 59.12.030(3) RCW 59.18.057
10 days
at least, after service
RCW 59.18.650(2)(b)
Washington, D.C. 10 days, allow 30
notice of intent to file; its required wording says 30 days, and none is allowed under $600 owed
D.C. Code § 42-3505.01(a-1)
30 days
for the tenant to correct a violation other than unpaid rent
D.C. Code § 42-3505.01(b)
West Virginia None required
you file a verified petition in magistrate or circuit court
W. Va. Code 55-3A-1
No cure period or notice is required before filing. You may petition for possession when the tenant has breached a warranty or a lease covenant, or has deliberately or negligently damaged the home or knowingly let someone else do so.
W. Va. Code 55-3A-1(a)(3)
Wisconsin 5 days
30 days under a lease of more than one year
Wis. Stat. § 704.17(2)(a) Wis. Stat. § 704.17(3)(a)
5 days
30 days under a lease of more than one year
Wis. Stat. § 704.17(2)(b) Wis. Stat. § 704.17(3)(a)
Wyoming 3 days
written notice to leave
W.S. 1-21-1003
The eviction and residential rental property articles set no cure period for a lease violation. An eviction case may be brought against a tenant who violates the statutory tenant duties or prohibited acts, and the same written notice to leave must be served at least three days before the action.
W.S. 1-21-1002(a)(vi) W.S. 1-21-1003

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