State Eviction Laws for Incurable Violations

The following is a summary of each state’s required time frame for providing tenants a notice to quit (and vacate) due to incurable or substantial lease violations before an eviction is filed. For lease violations requiring the use of conditional quit or cure notices [giving tenants time to fix (cure) the problem], see State Eviction Laws for Curable Violations.

State Statute Time Frame
Reason Required for Unconditional Quit Notice
Alabama Ala. Code
§ 35-9A-421
7 days Misrepresentation of a material fact in a rental application or rental agreement
7 days Possession or use of illegal drugs in the rental or common areas, discharge of a firearm (some exceptions), criminal assault of a tenant or guest on the premises (some exceptions)
Alaska Alaska Stat. § 34.03.220(a)(1) 24 hours Tenant or guest intentionally causing more than $400 of damage to landlord’s property or same violation of lease within 6 months
§ 9.45.090(a)(2)(G) 5 days Specified illegal activity on the premises
§ 34.03.220(e) 3 days Failure to pay utility bills twice within six months
§ 34.03.300(a) 10 days Refusal to allow the landlord to enter
Arizona Ariz. Rev. Stat. Ann. § 33-1368 10 days Material misrepresentation of criminal record, current criminal activity, or prior eviction record
Immediately Discharging a weapon, homicide, prostitution, criminal street gang activity, use or sale of illegal drugs, assaults, acts constituting a nuisance or breach of the rental agreement that threaten harm to others
Arkansas Ark. Stat. Ann. §§ 18-60-304,
18-16-101
3 days Nonpayment of rent (after 10 days’ notice, tenant may be prosecuted for a misdemeanor and, if convicted, fined $25 per day). Engaging in (or allowing others to engage in) illegal gambling, prostitution, or the unlawful sale of alcohol (tenant has five days to file an answer in court, and may defend at a court hearing).
California Cal. Civ. Proc. Code § 1161(4) 3 days Assigning or subletting without permission, committing waste or a nuisance, illegal activity on the premises
Colorado Colo. Rev. Stat. § 13-40-104(1)(e.5) 3 days Any repeated violation of a lease clause
Connecticut Conn. Gen. Stat. Ann. §§ 47a-23,
47a-15, 47a-15a
3 days Nonpayment of rent, serious nuisance, violation of the rental agreement, same violation within 6 months relating to health and safety or materially affecting physical premises, rental agreement has terminated (by lapse of time, stipulation, violation of lease, nonpayment of rent after grace period, serious nuisance, occupancy by someone who never had the right to occupy), when summary eviction is justified (refusal to a fair and equitable increase, intent of the landlord to use as a principal residence, removal of the unit from the housing market), domestic or farmworker who does not vacate upon cessation of employment and tenancy
Conn. Gen. Stat. Ann. § 47a-31 Immediately Conviction for prostitution or gambling
Delaware Del. Code Ann. tit. 25, §§ 5513,
5514
7 days Violation of a lease provision that also constitutes violation of municipal, county, or state code or statute, or same violation of a material lease provision repeated within 12 months
Immediately Violation of law or breach of the rental agreement that causes or threatens to cause irreparable harm to the landlord’s property or to other tenants
District of Columbia D.C. Code
§ 42-3505.01(c)
30 days Court determination that an illegal act was performed within the rental unit
Florida Fla. Stat. Ann. § 83.56(2)(a) 7 days Intentional destruction of the rental property or other tenants’ property or unreasonable disturbances; repeated violations of the lease within a 12-month period
Georgia Ga. Code Ann. §§ 44-7-50, 44-7-52 Immediately Nonpayment of rent more than once within 12 months or tenant holding over after end of lease
Hawaii Haw. Rev. Stat. §§ 521-70(c),
521-69, 666-3
Immediately Causing or threatening to cause irremediable damage to any person or property.
5 days Second failure to abate a nuisance within 24 hours of receiving notice
Idaho Idaho Code § 6-303 Immediately Using, delivering, or producing a controlled substance on the property at any time during the lease term
3 days Assigning or subletting without the consent of the landlord or causing serious damage to the property
Illinois 735 Ill. Comp. Stat. § 5/9-210 10 days Failure to abide by any term of the lease
740 Ill. Comp. Stat. § 40/11 5 days Unlawful use or sale of any controlled substance
Indiana Ind. Code Ann.
§ 32-31-1-8
Immediately Tenants with lease: holding over at end
Tenants without lease: committing waste
Iowa Iowa Code Ann. § 562A.27A 3 days Creating a clear and present danger to the health or safety of the land­­lord, tenants, or neighbors within 1,000 feet of the property boundaries
Iowa Code Ann. § 562A.27 7 days Repeating same violation of lease within 6 months that affects health and safety
Kansas Kan. Stat. Ann.
§ 58-2564(a)
30 days Second similar material violation of the lease after first violation was corrected
Kentucky Ky. Rev. Stat. Ann. § 383.660(1) 14 days Repeating the same material violation of the lease within 6 months of being given a first cure or quit notice
Louisiana La. Civ. Code art. 2686, La. Code
Civ. Proc. art. 4701
5 days Failure to pay rent, using dwelling for purpose other than the intended purpose (lease may specify shorter or longer notice, or eliminate requirement of notice), or upon termination of the lease for any reason
Maine Me. Rev. Stat. Ann. tit. 14, § 6002 7 days Tenants at will: Violations of law relating to the tenancy, substantial damage to the premises, maintaining a nuisance, or causing the dwelling to be unfit for human habitation
Maryland Md. Code Ann. [Real Prop.]
§ 8-402.1(a)
14 days Breaching lease by behaving in a manner that presents a clear and imminent danger to the tenant himself, other tenants, guests, the landlord, or the landlord’s property, lease provides for termination for violation of lease clause, and landlord has given 14 days’ notice
Md. Code Ann. [Real Prop.]
§ 8-401 (e)(1)
30 days Any lease violation if the lease states that tenancy can terminate for violation of the lease; and, when tenant is late with the rent three times within the past 12 months, but landlord must have won an eviction lawsuit for each prior nonpayment of rent episode (tenants may reinstate their tenancy by paying rent and court costs after the landlord has won an eviction lawsuit, but before physical eviction)
Massachusetts Mass. Ann. Laws ch. 186, § 12 14 days Tenant at will receiving second notice to pay rent or quit within 12 months
Michigan Mich. Comp. Laws § 600.5714(d) and (e) 7 days Willfully or negligently causing a serious and continuing health hazard or damage to the premises
Mich. Comp. Laws § 554.134 24 hours Manufacture, dealing, or possession of illegal drugs on leased premises (landlord must first file a police report and there must be a lease provision allowing termination for this reason)
7 days Failure to pay rent
Minnesota Minn. Stat. Ann. § 504B.135 14 days Tenant at will who fails to pay rent when due
Mississippi Miss. Code Ann. § 89-8-13 14 days Repeating the same act, which constituted a lease violation and for which notice was given, within 6 months
30 days Nonremediable violation of lease or obligations imposed by statute
Missouri Mo. Ann. Stat. §§ 441.020, 441.030,
441.040
10 days Using the premises for gambling, prostitution, or possession, sale, or distribution of controlled substances; assigning or subletting without consent; seriously damaging the premises or violating the lease
Montana Mont. Code Ann. § 70-24-422(1)(e) 5 days Repeating the same act, that constituted a lease violation and for which notice was given, within 6 months
Mont. Code Ann. § 70-24-422 3 days Unauthorized pet or person living on premises; destroying or removing any part of the premises; being arrested for or charged with drug- or gang-related activity
14 days Any other noncompliance with rental agreement that can’t be remedied or repaired
Nebraska Neb. Rev. Stat. § 76-1431(1) 14 days Repeating the same act, that constituted a lease violation and for which notice was given, within 6 months
Nevada Nev. Rev. Stat. Ann. § 40.2514 3 days Assigning or subletting in violation of the lease; substantial damage to the property; conducting an unlawful business; permitting or creating a nuisance; causing injury and damage to other tenants or occupants of the property or adjacent buildings or structures; unlawful possession for sale, manufacture, or distribution of illegal drugs
§ 40.2516 Immediately Violation of lease term that can’t be cured
New Hampshire N.H. Rev. Stat. Ann. §§ 540:1-a,
540:2, 540:3
Different rules apply depending on whether the property is “restricted” (most residential property) or “nonrestricted” (single-family houses, if the owner of such a house does not own more than 3 single-family houses at any one time; rental units in an owner-occupied building containing a total of 4 dwelling units or fewer; and single-family houses acquired by banks or other mortgagees through foreclosure). (See N.H. Rev. Stat. § 540:1-a.)
7 days Restricted property: Neglect or refusal to pay rent due and in arrears, upon demand; substantial damage to the premises; failure to comply with a material term of the lease; behavior of the tenant or members of his family that adversely affects the health or safety of the other tenants or the landlord or his representatives; failure of the tenant to accept suitable temporary relocation required by lead-based paint hazard abatement; other good cause. Nonrestricted: Neglect or refusal to pay rent due and in arrears, upon demand; substantial damage to the premises; behavior of the tenant or members of his family that adversely affects the health or safety of the other tenants or the landlord or his representatives;  failure of the tenant to accept suitable temporary relocation required by lead-based paint hazard abatement.
30 days Nonrestricted only: For any legal reason other than those specified just above (for which 7 days’ notice is required)
New Jersey N.J. Stat. Ann. §§ 2A:18-53(c),
2A:19-61.1,
2A:18-61.2(a)
3 days Disorderly conduct; willful or grossly negligent destruction of landlord’s property; assaults upon or threats against the landlord; termination of tenant’s employment as a building manager, janitor, or other employee of the landlord; conviction for use, possession, or manufacture of an illegal drug either on the property or adjacent to it within the last two years, unless the tenant has entered a rehabilitation program (includes harboring anyone so convicted); conviction or civil liability for assault or terroristic threats against the landlord, landlord’s family, or landlord’s employee within the last two years (includes harboring); or liability in a civil action for theft from landlord, landlord’s family, landlord’s employee, or another tenant
N.J. Stat. Ann. §§  2A:18-61.2(b),
2A:18-61.1
One month Habitual failure to pay rent after written notice; continued violations, despite repeated warnings, of the landlord’s reasonable rules and regulations; at the termination of a lease, refusal to accept reasonable changes of substance in the terms and conditions of the lease, including specifically any change in the term thereof
New Mexico N.M. Stat. Ann. § 47-8-33(I) 3 days Substantial violation of the lease
N.M. Stat. Ann. § 47-8-33(B)
& (C)
7 days Repeated violation of a term of the rental agreement within 6 months
New York N.Y. Real Prop. Law § 232-a 30 days In New York City, holdover after month-to-month tenancy
North Carolina N.C. Gen. Stat. § 42-26(a) Immediately Violation of a lease term that specifies that eviction will result from noncompliance or holdover of tenancy
North Dakota N.D. Cent. Code §§ 47-32-02 3 days Failure to pay rent within 3 days of the due date, holding over after the lease has expired; holding over after a sale or any judicial process ending the tenancy; violating a material term of the lease; using the property in a manner contrary to the agreement of the parties
Ohio Ohio Rev. Code Ann. §§ 1923.02 to
1923.04, 5321.17
3 days Nonpayment of rent; violation of a written lease or rental agreement; when the landlord has “reasonable cause to believe” that the tenant has used, sold, or manufactured an illegal drug on the premises (conviction or arrest not required)
Oklahoma Okla. Stat. Ann. tit. 41, § 132 Immediately Criminal or drug-related activity or repeated violation of the lease
Oregon Ore. Rev. Stat. §§ 90.396, 90.403 24 hours Violence or threats of violence by tenant or a guest; intentionally causing substantial property damage; giving false information on an application within the past year regarding a criminal conviction (landlord must terminate within 30 days of discovering the falsity); committing any act “outrageous in the
extreme” (see statute); intentionally or recklessly injuring someone (or placing them in fear of imminent danger) because of the tenant’s perception of the person’s race, color, religion, national origin, or sexual orientation; second failure to remove a pet that has caused
substantial damage
Pennsylvania 68 Pa. Cons. Stat. Ann.,
§ 250.501(b)
10 days Nonpayment of rent
15 days (lease 1 year or less or lease of unspecified time) Violations of the terms of the lease
30 days (lease more than 1 year) Violations of the terms of thelease
68 Pa. Cons. Stat. Ann., §§ 250.501(d) and 250.505-A 10 days (any tenancy) First conviction for illegal sale, manufacture, or distribution of an illegal drug; repeated use of an illegal drug; seizure by law enforcement of an illegal drug within the leased premises
Rhode Island R.I. Gen. Laws § 34-18-36(e) 20 days Repeating an act which violates the lease or rental agreement or affects health or safety twice within 6 months (notice must have been given for the first violation)
R.I. Gen. Laws §§ 34-18-24,
34-18-36(f)
Immediately Any tenant who possesses, uses, or sells illegal drugs or who commits or attempts to commit any crime of violence on the premises or in any public space adjacent. “Seasonal tenant” whose lease runs from May 1 to October 15 or from September 1 to June 1 of the next year, with no right of extension or renewal, who has been charged with violating a local occupancy ordinance, making excessive noise, or disturbing the peace
South Carolina S.C. Code Ann. § 27-40-710 Immediately Nonpayment of rent after receiving one notification during the tenancy or allowing illegal activities on the property
South Dakota S.D. Cod. Laws §§ 21-16-1, 21-16-2 3 days Nonpayment of rent, substantial damage to the property, or holdover
Tennessee Tenn. Code Ann. § 66-28-505(a) 14 days Repeating an act which violates the lease or rental agreement or affects health or safety twice within 6 months (notice must have been given for the first violation)
Texas Tex. Prop. Code § 24.005 3 days (lease may specify a shorter
or longer time)
Nonpayment of rent or holdover
Utah Utah Code Ann. § 78B-6-802 3 days Holdover, assigning or subletting without permission, substantial damage to the property, carrying on an unlawful business on the premises, maintaining a nuisance, committing a criminal act on the premises
Vermont Vt. Stat. Ann. tit. 9, § 4467 30 days Three notices for nonpayment or late rent within a 12-month period or any violation of the lease or landlord-tenant law
Virginia Va. Stat. Ann. §§ 55-248.31,
55-248.32
30 days Repeated violation of lease (after earlier violation was cured or nonremediable lease violation materially affecting health and safety)
Immediately A breach of the lease or rental agreement that is willful or a criminal act, is not remediable, and is a threat to the health or safety of others
Washington Wash. Rev. Code Ann. § 59.12.030 3 days Holdover, serious damage to the property, carrying on an unlawful business, maintaining a nuisance, or gang-related activity
West Virginia W.Va. Code § 55-3A-1 Immediately Failure to pay rent, violation of any lease provision, or damage to the property
Wisconsin Wis. Stat. Ann. § 704.17 14 days (month-to-month tenants) Failure to pay rent, violation of the rental agreement, or substantial damage to the property
14 days (tenants with a lease of less than one year, or year-to-year tenants) Failing to pay the rent on time, causing substantial property damage, or violating any lease provision more than once within one year (must have received proper notice for the first violation)
5 days (all tenants) Causing a nuisance on the property (landlord must have written notice from a law enforcement agency regarding the nuisance)
Wyoming Wyo. Stat. §§ 1-21-1002, 1003 3 days Nonpayment of rent, holdover, damage to premises, interference with another’s enjoyment, denying access to landlord, or violating duties defined by statute (such as maintaining unit, complying with lease, disposing of garbage, etc.)

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