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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