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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
| State | Unpaid rent | Other 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 |