Eviction Notice for Non-Payment of Rent
|State||Eviction State law|
|Alabama||The tenant has 7 days to pay rent before the landlord can file for eviction. Ala. Code § 35-9A-421|
|Alaska||7-Day Notice to Quit|
Ariz. Rev. Stat. 33-1368
Landlord And Tenant Rental Assistance Information AZ Covid-19
Ariz. Rev. Stat. 33-1368
|Colorado||3-Day Notice to Quit|
Affidavit of Service
How to Navigate the Eviction Process
|Connecticut||9-Day Notice or as Written in the Lease|
The rent must be 9 Days late before a notice can be delivered.
|Florida||3-Day Notice (Nonpayment of rent)|
8-Day Notice (Nonpayment of rent if the tenant has to mail a check)
Florida Eviction Process and Timeline
|Georgia||Landlord can give a Pay or Quit notice the next day after the rent is late. Georgia has no set time frame on how long the landlord has to wait before filing for eviction. 3-Day Notice is recommended.|
|Hawaii||5-Day Notice §521-68|
|Idaho||3-Day Notice Idaho Code 6-303(2)|
|Kansas||3-Day Notice for tenancy under 3 mos|
ky. rev. stat. ann. § 383.660(2)
LA Code Civ Pro 4701
§6002. Tenancy at will; buildings on land of another
The tenant has to be at least 7 Days late before a notice can be posted.
An eviction notice must include language regarding the rights of the tenants to contest the eviction. If such language is not included, any default judgment entered against the tenant may be canceled.
|Maryland||No advance notice required, landlord can file for eviction immediately. Tenant has 5 Days to appear in court.|
If tenant doesn’t pay and landlord wins, tenant has 4 days to vacate.
If tenant pays all back rent and court costs before the end of the trial, tenant may stay.
Maryland Real Property Section 8-401
|Massachusetts||14-Day Notice or as Written in the Lease|
Landlord can file for eviction immediately for holdover tenants.
Section 11: Determination of lease for nonpayment of rent
Section 11A: Termination of lease for nonpayment of rent
Section 12: Notice to determine estate at will
(2) If a tenant neglects or refuses to pay rent on a lease at will or otherwise, the landlord may terminate the tenancy by giving the tenant a written 7-day notice to quit.
Mich. Comp. Laws 554-134
|Minnesota||14-Day Notice (For tenancy at will, no lease)|
Miss.Code Ann. § 89-7-27 – Proceedings against tenant holding over
|Missouri||Landlord can terminate with an unconditional quit notice|
Mont.Code Ann. 70-24-422
76-1431 Noncompliance; failure to pay rent; effect; violent criminal activity upon premises; landlord; powers.
Nebraska Eviction Process
Landlord and Tenant Handbook
|Nevada||5-Day for Commercial|
7-Day Notice Residential
10-Day for Mobile Home Lot
NRS 40.2512 Unlawful detainer: Possession after default in payment of rent; exception.
|New Hampshire||7-Day Notice|
540:2 Termination of Tenancy
540:3 Eviction Notice
540:9 Payment After Notice. – No tenancy shall be terminated for nonpayment of rent, utility charges, or any other lawful charge contained in a lease or an oral or written rental agreement if the tenant, before the expiration of the notice, pays or tenders all arrearages plus $15.00 as liquidated damages; provided, however, that a tenant may not defeat an eviction for nonpayment by use of this section more than 3 times within a 12-month period.
|New Jersey||No Notice Required before filing for eviction|
14-Day Notice for federally Subsidized Housing
If the tenant pays the rent and costs approved by the judge, they cannot be evicted.
|New Mexico||3-Day Notice|
47-8-33. Breach of agreement by resident and relief by owner.
|New York||1. Before serving the 10 days Notice to Remedy or Quit, the Landlord must make a demand for payment. This can be either oral or written. The written notice must give tenants three days before starting eviction. The notice must be served according to RPAPL 735|
2. 10-Day Notice to Quit
Real Property Actions & Proceedings (RPA) Section 713
|North Carolina||10-Day Notice|
§ 42-3. Term forfeited for nonpayment of rent.
Housing Opportunities and Prevention of Evictions (HOPE) Program
|North Dakota||Unconditional Quit Notice Rent has to be 3 Days late|
47-32-01 When eviction maintainable
|Ohio||Unconditional Quit Notice|
§ 131. Delinquent Rent.
|Oregon||For week-to-week tenancy, 72 Hour Notice (not earlier than 5 days after the rent is due)|
For all other tenancies 72-Hour (3 Days) Notice (not sooner than 8 days after the rent is due)
or 144-Hour Notice (6 Days) ( no sooner than 5 days after the rent is due)
§ 90.394 Termination of tenancy for failure to pay rent
68 P.S. §250.501
(b) Except as provided for in subsection (c), in case of the expiration of a term
or of a forfeiture for breach of the conditions of the lease where the lease is for any term of one
year or less or for an indeterminate time, the notice shall specify that the tenant shall remove
within fifteen days from the date of service thereof, and when the lease is for more than one
year, then within thirty days from the date of service thereof. In case of failure of the tenant,
upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall
remove within ten days from the date of the service thereof.
|Rhode Island||5-Day Notice|
Rent must be 15 Days late before the notice can be served.
§ 34-18-35. Eviction for nonpayment of rent.
|South Carolina||5-Day Notice if there is no written lease or rent agreement or if there is no disclosure in the lease that the landlord can file for eviction if the rent is 5 days late|
SECTION 27-40-710. Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant’s personal property.
|South Dakota||3-Days, Landlord can terminate with Unconditional Quit Notice|
21-16-2. Notice to quit required before commencement of proceedings–Service and return.
In all cases arising under subdivisions 21-16-1(4), (5), and (6), three days’ written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons is served and returned. On the second service attempt, at least six hours after the previous service attempt, the notice to quit may be posted in a conspicuous place on the property, and also delivered to a person there residing, if such person can be found; and also sent by first class mail addressed to the tenant at the place where the property is situated.
CHAPTER 21-16 FORCIBLE ENTRY AND DETAINER
Tenn. Code Ann. §66-7-109 and Tenn. Code Ann. §66-28-505.
|Texas||3-Day Notice or as Written in the Lease|
Texas Eviction Process and Timeline
78B-6-802. Unlawful detainer by tenant for a term less than life.
§ 4467. Termination of tenancy; notice
|Virginia||5-Day Pay or Quit Notice|
14-Day Pay or Quit Notice Tenant Rights 2021 Update
Owners of more than 4 units must offer a payment plan.
(Effective until March 1, 2021) Noncompliance with rental agreement; monetary penalty
(Effective March 1, 2021, until July 1, 2021) Noncompliance with rental agreement; monetary penalty
(Effective July 1, 2021, until the later of July 1, 2028, or seven years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty
(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty
Unlawful detainer defined.
|West Virginia||Landlord can file for eviction without serving a notice|
ARTICLE 3A. REMEDIES FOR WRONGFUL OCCUPATION OF RESIDENTIAL RENTAL PROPERTY.
§55-3A-1. Petition for summary relief for wrongful occupation of residential rental property.
|Wisconsin||Month-to-month and week-to-week tenancies: 5-Day Notice; the landlord can use Unconditional Quit Notice with 14 Days’Notice|
Tenancies under a lease for one year or less, and year-to-year tenancies
5-Day Notice; the landlord cannot use Unconditional Quit Notice
Lease for more than one year
30-Day Notice; the landlord cannot use Unconditional Quit Notice
704.17 Notice terminating tenancies for failure to pay rent or other breach by tenant.
Rent has to be 3 Days Late
§ 1-21-1202. Duties of owners and renters; generally.
§ 1-21-1203. Owner’s duties; notice by renter of noncompliance; duty to correct; exceptions; termination of rental agreement; liability limited.