Eviction Notice Termination Law Guide
© 2014 Landlord.com 
 


This is the most comprehensive summary eviction notice termination law guide available on the Internet and for all 50 states and the District of Columbia.  It has been meticulously double checked and includes links to each state’s statute, not a blog or newspaper column filler. 
This chart gives a thumbnail of each states most commonly encountered eviction notice termination statutes.  There may be other reasons for tenant termination in your particular state.  Also, a thumbnail is not necessarily a complete restatement of all of the requirements that may exist.  For this reason, we have linked each thumbnail to the state statute that we have found on the subject.
 

State

Nonpayment of rent

Breach of lease other than rent

Non-default termination by landlord

Non-default termination by tenant

Remarks

Alabama

 

Alabama Code Sec. 35-9A-421

7 days

14 days

7 days for week to week tenancy, 30 days for month to month tenancy

7 days for week to week tenancy, 30 days for month to month tenancy

Landlord may also terminate for failure to maintain affecting health and safety.

Alaska

 

Alaska Statutes Secs. 09.45.090, 09.45.120, 34.03.220, 34.03.290

7 days

7 days

One month

One month

Landlord may terminate on 24 hours notice in case of deliberate damage to unit.

Arizona

 

Ariz. Revised Code Secs. 33-1368, 1375

5 days

10 days, 5 days for breach creating hazard to health and safety

Ten days if week to week tenancy, 30 days if month to month tenancy

Ten days if week to week tenancy, 30 days if month to month tenancy

Breach of lease includes material misrepresentation on rental application.

California

 

Cal. Civil Code Secs. 1946, 1946.1, Code of Civ. Procedure Sec. 1161

3 days.

3 days.

At least as long before end of a term as the length of the term itself not less than 7 days nor more than 30.  If month to month, 30 days at any time or 60 days if tenant has resided there for one year or more.

At least as long before end of a term as the length of the term itself not less than 7 days nor more than 30.  If month to month, 30 days at any time

If the unit is rent subsidized, a 90 day notice of termination is required.  Non-curable notices for nuisance and waste are also prescribed.

Colorado

 

Col. Revised Statutes Secs. 13-40-104, 13-40-107

3 days

3 days

One year or more, 3 months before expiration; if 6 months, one month; if one month or longer but less than 6 months, 10 days; less than one month or tenancy at will, 3 days; less than one week, one day.

One year or more, 3 months before expiration; if 6 months, one month; if one month or longer but less than 6 months, 10 days; less than one month or tenancy at will, 3 days; less than one week, one day.

May terminate on 3 days notice without right to cure in case of “substantial violation.”

Connecticut

 

Conn. General Statutes Sec. 47A-23, A Landlord’s Guide to Summary Process

3 days non-curable, served after default of nine days beyond grace period, if any.

3 days non-curable, served after default of nine days beyond grace period, if any.

Notice to quit served at least three days before end of periodic term

Notice to quit served at least three days before end of periodic term

 

Delaware

 

Delaware Code Title25, Secs. 5502, 5513, 5107

5 days

7days

60 days

60 days

 

District of Columbia

 

DC Code 42-3505.01,

30 days

30 days

“Just cause” only, notice period varies with cause.  See statute.

30 days

 

Florida

 

Florida Statutes Secs. 83.56,

3 days

7 days

Year to year, 60 days; quarter to quarter, 30 days; month to month, 15 days; week to week, 7 days, all prior to the end of any rental period.

Year to year, 60 days; quarter to quarter, 30 days; month to month, 15 days; week to week, 7 days, all prior to the end of any rental period.

Tenant may terminate tenancy by delivery of 7 day notice to do necessary repairs to landlord.

Georgia

 

Georgia Code Secs. 44-7-50, 44-7-52, 44-7-7

Landlord may proceed to dispossessory proceedings immediately upon tenant’s failure to surrender possession upon demand, but tenant may redeem by tendering rent within 7 days of service of summons.

No statute

60 days

30 days

 

Hawaii

 

Revised Statutes Secs. 521.68, 521.69, 521.71

5 days

10 days

Month to month, 45 days, less than month to month, one week.

28 days

 

Idaho

 

Idaho Statutes Secs. 6-303,

55-208

3 days

3 days

30 days

30 days

 

Illinois

 

Illinois Cons. Stats. Secs. 735 ILCS 5/9‑207, 5/209, 5/210

5 days

10 days

30 days month to month, 7 days week to week.

30 days month to month, 7 days week to week.

 

Indiana

 

Indiana Code Secs. 32-31-1-6, 32-31-7-7, 32-31-1-1

10 days

Reasonable time to cure breach

One month

One month

 

Iowa

 

Iowa Code Secs. 562A.27, 562A.34

3 days

7 days

Week to week, 10 days; Month to month, 30 days before a periodic rental date; longer than month to month, 30 days before next expiration date

Week to week, 10 days; Month to month, 30 days before a periodic rental date; longer than month to month, 30 days before next expiration date

 

Kansas

 

Kansas Statutes Secs.  58-2507, 58-2508,  58-2564, 58-2570

On tri-monthly period, 10 days; On less than tri-monthly period, 3 days

14 days

Week to week, 7 days; month to month, 30 days.

Week to week, 7 days; month to month, 30 days, but only 15 days if tenant is in military service.

 

Kentucky

 

Kentucky Revised Statute Secs. 383.660 , 383.695

7 days

14 days

Week to week, 7 days; month to month, 30 days.  Each before periodic rental date.

Week to week, 7 days; month to month, 30 days.  Each before periodic rental date.

 

Louisiana

 

Louisiana Civ. Code, Article 2728,  

 

 

Month to month, 10 days before end of term; week to week, 5 days before end of term; less than one week, any time before end of term.

Month to month, 10 days before end of term; week to week, 5 days before end of term; less than one week, any time before end of term.

 

Maine

 

Maine Revised Statutes Title 14 Sec. 6002

7 days, notice may only be served on rent which is already 7 days in arrears.

7 days, on failure to maintain or nuisance.

30 days, with exceptions

30 days, with exceptions

 

Maryland

 

Maryland Code, Real Property, Secs. 8-401, 8-402, 8-401.1

Landlord may proceed directly to District Court for order of repossession, and tenant may redeem by tendering all rent and expenses.

30 days non-curable, 14 days non-curable if imminent danger to health or safety.

30 days

30 days

 

Massachusetts

 

Mass. General Laws Ch. 186, Secs. 12, 11

14 days

No specific remedy by statute.

Three months, but if the rent reserved is payable at periods of less than three months, the time of such notice is sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer.

Three months, but if the rent reserved is payable at periods of less than three months, the time of such notice is sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer.

 

Michigan

 

Michigan Compiled Laws Sec. 554.134

7 days

No specific remedy by statute.

30 days

30 days

Tenant may terminate on 60 day notice if he becomes eligible for subsidized housing or is no longer to live independently.  Sec. 554.601a

Minnesota

 

Minnesota Statutes Sec. 504B.135

14 days

No specific remedy by statute.

Notice must be at least as long as the rent period or three months, whichever is less, e.g., month to month, one month; week to week, one week.

Notice must be at least as long as the rent period or three months, whichever is less, e.g., month to month, one month; week to week, one week.

 

Mississippi

 

Mississippi Code Secs 89-7-27, 89-8-13, 89-8-19

3 days

30 days

30 days if month to month, 7 days if week to week.

30 days if month to month, 7 days if week to week.

 

Missouri

 

Mo. Revised Statutes Secs. 535.040.1, 441.040, 441.060

Landlord may have summons upon failure to pay after demand, but tenant may redeem and pay rent in arrears up to date of trial.

10 days

30 days ending on or before a periodic rental date.

30 days ending on or before a periodic rental date.

 

Montana

 

Montana Code Secs. 70-24-422, 70-24-441

3 days

14 days in general, 3 days for unauthorized pets or occupants.

Month to month, 30 days; week to week, 7 days

Month to month, 30 days; week to week, 7 days

 

Nebraska

 

Nebraska Revised Statutes Secs. 76-1431, 76-1437

3 days

14 days

Week to week, 7 days; month to month, 30 days.  Notice must expire on or before periodic rent payment date.

Week to week, 7 days; month to month, 30 days.  Notice must expire on or before periodic rent payment date.

 

Nevada

 

Nevada Revised Statutes Secs. 40.2512, 40.2514, 40.251

5 days

5 days, but tenant has only 3 days after service to comply and redeem tenancy.

Week to week, 7 days; all others, 30 days.

Week to week, 7 days; all others, 30 days.

 

New Hampshire

 

NH Revised Statutes Secs. 540:3 and :9, 540:2

7 days

30 days for causes specified in statute.

30 days, 7 days in certain circumstances.  Cause required in restricted properties.

30 days, 7 days in certain circumstances.

 

 

 

 

 

 

 

New Jersey

New Jersey Permanent Statutes Secs. 2A:18-53; 2A:18-61.1; 2A:18-61.2; 2A:42-9

 

 

 

 

 

New Mexico

 

NM Statutes Secs. 47-8-33; 47-8-37

3 days

7 days, but three days for unauthorized occupant.

Week to week, 7 days; month to month, 30 days

Week to week, 7 days; month to month, 30 days

 

New York

 

N.Y. RPP, Article 7, Secs. 228,

 

 

30 days

30 days

 

North Carolina

 

NC General Statutes Secs. 42-3, 42-14, 42-26

10 days

Unspecified demand for possession if provided by written lease.

Week to week, 2 days; month to month, 7 days; year to year, one month, all given at least that long before end of period.

Week to week, 2 days; month to month, 7 days; year to year, one month, all given at least that long before end of period.

 

North Dakota

 

ND Century Code Secs. 47-16-15,

 

 

At least as long before end of rental period as the length of the rental period, not to exceed 30 days.  Month to month tenancy may be terminated at any time on 30 days notice.

At least as long before end of rental period as the length of the rental period, not to exceed 30 days.  Month to month tenancy may be terminated at any time on 30 days notice.

 

Ohio

 

Ohio Revised Code Secs. 5321.17, 5321.11,

1923.04

3 days

3 days

Week to week, 7 days; month to month 30 days.

Week to week, 7 days; month to month 30 days.

Landlord may also terminate on 3 days notice in case of illegal activities and failure to maintain the premises.

Oklahoma

 

OK Statutes Secs. 41.131, 41.132, 41-111

5 days, which may be served before or after dispossession proceedings have started.

10 days if landlord elects to enter at the expiration of notice and cure breach himself; 15 days if the landlord elects to declare a forfeiture if the tenant fails to cure within 10 days; no notice required if tenant fails to repair a condition that affects health and safety as soon as possible.

30 days if month to month; 7 days if less than month to month.

30 days if month to month; 7 days if less than month to month.

 

Oregon

 

OR Revised Statutes Secs.  90.392, 90.394, 91.060, 91.070

When the tenancy is a week-to-week tenancy, at least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord may give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.  For all other tenancies: At least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord may give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due; or at least 144 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord may give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.

A designated date at least 14 days after delivery of notice to cure.

Year to year, 60 days; month to month, 30 days

Year to year, 60 days; month to month, 30 days

 

Pennsylvania

 

68 Penn. Rev. Statutes Sec. 250.501

10 days

15 days if lease for less than one year or periodic, 30 days if lease for one year or more.

15 days if lease for less than one year or periodic, 30 days if lease for one year or more.

15 days if lease for less than one year or periodic, 30 days if lease for one year or more.

 

Rhode Island

 

RI General Laws Secs. 34-18-35, 34-18-36, 34-18-37

5 days served no sooner than 15 days after rent is in arrears.

A notice specifying the breach and demanding cure within 20 days of the date of mailing or forfeiture to occur not less than 21 days from date of mailing.

Week to week, served at least 10 days before date specified for termination; month to month, served at least 30 days before date specified for termination;

Week to week, served at least 10 days before date specified for termination; month to month, served at least 30 days before date specified for termination;

 

South Carolina

 

South Carolina Code Secs. 27-40-710, 27-40-770

5 days

14 days

Week to week, 7 days; month to month, 30 days.

Week to week, 7 days; month to month, 30 days.

 

South Dakota

 

South Dakota Codified Laws Secs. 21-16-2, 43-32-18, 43-32-15

3 days

Reasonable notice to cure

Notice at least as long before the conclusion of each rental period as the length of the period itself.

Notice at least as long before the conclusion of each rental period as the length of the period itself.

 

Tennessee

 

TN Code Secs. 66-28-505,

14 days notice to cure and termination on 30th day after service if not cured.

14 days notice to cure and termination on 30th day after service if not cured.

Week to week, 10 days; month to month, 30 days.

Week to week, 10 days; month to month, 30 days.

 

Texas

 

Texas Property Code Secs. 24.005, 91.001

3 days.  If lease provides for time to cure, such time must be provided before eviction notice may be given.

3 days.  If lease provides for time to cure, such time must be provided before eviction notice may be given.

Month to month, 30 days; other rental periods, notice as long as the rental period itself.

Month to month, 30 days; other rental periods, notice as long as the rental period itself.

 

Utah

 

Utah Code Sec. 78B-6-802

3 days

3 days

15 days

15 days

 

Vermont

 

Vermont Statutes, Title 9, Sec. 4467

14 days.

30 days, 14 days for criminal activity on the premises

In absence of written agreement, resident for two years or less, 60 days; resident for more than two years, 90 days; and week to week tenancies, 21 days.  In case of written agreement, resident for two years or less, 30 days; more than two years, 60 days, week to week, 7 days; but notice must state date of termination at conclusion of a term of the agreement.

Not specified.

 

Virginia

 

Virginia Code Secs. 55-225, 55-222, 55-239

5 days

None, but landlord may proceed in court for determination of right of reentry.

Year to year, 3 months; month to month, 30 days

 

Landlord may also terminate fixed term lease in certain circumstances on 120 days notice.

Washington

 

WA Revised Code Secs. 59.12.030, 59-04-020

3 days

10 days

30 days before end of rental period

30 days before end of rental period

 

West Virginia

 

WV Code Secs. 37-6-5, 37-6-23

None specified, but landlord may proceed with action in ejectment or unlawful detainer.  If tenant pays all rent plus costs before trial, tenancy is redeemed.

None specified.

Year to year, one years notice, other, notice at least as long as, and to terminate upon, end of rental period.

Year to year, one years notice, other, notice at least as long as, and to terminate upon, end of rental period.

 

Wisconsin

 

Wisconsin Statutes Secs. 704.17, 704.19

5 days.  30 days in case of lease for one year or more.  A month to month tenancy is terminated if a notice of termination is given at least 14 days after rent is in default.

5 days.  30 days in case of lease for one year or more.

28 days

28 days

 

Wyoming

 

Wyoming Statutes Secs. 1-21-1002, 1-21-1202

3 days unconditional demand for possession when rent at least 3 days in arrears

3 days unconditional demand for possession for failure to maintain

No statute

No statute

 

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