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Eviction Notices FOR ALL 50 STATES

EVICTION NOTICES FOR ALL 50 STATESRENTLER GUIDE

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Just because you’re a great landlord doesn’t mean you’re always going to have great tenants. Sometimes tenants end up paying rent late, violating their rental agreement, or doing something unlawful.

While eviction seems harsh, it’s part of being a landlord. Sometimes it’s as simple as asking a tenant to move-out, but other times you have to follow a formal eviction process.

Eviction laws and the processes you need to follow when evicting tend to vary from state to state, but one thing that typically remains the same across the country is that you first need to deliver a written eviction notice. In this guide, you’ll get a state-by-state breakdown of the kinds of eviction notices you can give, what they must include, and when they must be given according to each state’s laws.

Disclaimer: This information is to be used as a guide and not in place of an attorney or other legal counsel. This document was created with the most updated information we could find, but laws are always changing so check with your local government office or website for the most updated version of laws regarding eviction notices.

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INTRODUCTION


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Alabama . . . . . . . . . . . . . . . . . . . . . . . .

Alaska . . . . . . . . . . . . . . . . . . . . . . . . . .

Arizona . . . . . . . . . . . . . . . . . . . . . . . . .

Arkansas . . . . . . . . . . . . . . . . . . . . . . . .

California . . . . . . . . . . . . . . . . . . . . . . .

Colorado . . . . . . . . . . . . . . . . . . . . . . . .

Connecticut . . . . . . . . . . . . . . . . . . . .

Delaware . . . . . . . . . . . . . . . . . . . . . .

Florida . . . . . . . . . . . . . . . . . . . . . . . . . .

Georgia . . . . . . . . . . . . . . . . . . . . . . . .

Hawaii . . . . . . . . . . . . . . . . . . . . . . . . .

Idaho . . . . . . . . . . . . . . . . . . . . . . . . . .

Illinois . . . . . . . . . . . . . . . . . . . . . . . . .

Indiana . . . . . . . . . . . . . . . . . . . . . . . .

Iowa . . . . . . . . . . . . . . . . . . . . . . . . . . .

Kansas . . . . . . . . . . . . . . . . . . . . . . . .

Kentucky . . . . . . . . . . . . . . . . . . . . . .

Louisiana . . . . . . . . . . . . . . . . . . . . . .

Maine . . . . . . . . . . . . . . . . . . . . . . . . .

Maryland . . . . . . . . . . . . . . . . . . . . . .

Massachusetts . . . . . . . . . . . . . . . . .

Michigan . . . . . . . . . . . . . . . . . . . . . . .

Minnesota . . . . . . . . . . . . . . . . . . . . .

Mississippi . . . . . . . . . . . . . . . . . . . . .

Missouri . . . . . . . . . . . . . . . . . . . . . . .

Montana . . . . . . . . . . . . . . . . . . . . . . .

Nebraska . . . . . . . . . . . . . . . . . . . . . .

Nevada . . . . . . . . . . . . . . . . . . . . . . . .

New Hampshire . . . . . . . . . . . . . . . .

New Jersey . . . . . . . . . . . . . . . . . . . .

New Mexico . . . . . . . . . . . . . . . . . . . .

New York . . . . . . . . . . . . . . . . . . . . . .

North Carolina . . . . . . . . . . . . . . . . .

North Dakota . . . . . . . . . . . . . . . . . .

Ohio . . . . . . . . . . . . . . . . . . . . . . . . . .

Oklahoma . . . . . . . . . . . . . . . . . . . . .

Oregon . . . . . . . . . . . . . . . . . . . . . . . .

Pennsylvania . . . . . . . . . . . . . . . . . . .

Rhode Island . . . . . . . . . . . . . . . . . . .

South Carolina . . . . . . . . . . . . . . . . .

South Dakota . . . . . . . . . . . . . . . . . .

Tennessee . . . . . . . . . . . . . . . . . . . . .

Texas . . . . . . . . . . . . . . . . . . . . . . . . . .

Utah . . . . . . . . . . . . . . . . . . . . . . . . . .

Vermont . . . . . . . . . . . . . . . . . . . . . . .

Virginia . . . . . . . . . . . . . . . . . . . . . . . .

Washington . . . . . . . . . . . . . . . . . . . .

West Virginia . . . . . . . . . . . . . . . . . . .

Wisconsin . . . . . . . . . . . . . . . . . . . . .

Wyoming . . . . . . . . . . . . . . . . . . . . . .

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CONTENTS


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BIn the state of Alabama, you can terminate a tenant’s lease when the lease ends for any reason, or even no reason at all, as long as you give at least the allotted time frame stated in the lease. If a tenant has violated their lease or hasn’t paid rent you can terminate their lease at any time.

In the Code of Alabama under Title 35: Property—Section 35-9A-421, it states that if there’s “a material noncompliance by the tenant with the rental agreement, an intentional misrepresentation of a material fact in a rental agreement or application, or a noncompliance with Section 35-9A-301 materially affecting health and safety,” then a landlord can deliver the tenant a written notice that specifies why their lease is being terminated and gives the date that termination goes into effect (which can’t be less than seven days after receiving the notice).

If there’s an intentional misrepresentation of a material fact within the rental agreement or application, it can’t be remedied or cured. If a tenant remedies the breach within the seven days allotted by the notice to terminate, the rental agreement isn’t terminated. However, if the problem is not adequately remedied the agreement is terminated on the date given in the written notice.

When a tenant fails to pay rent, landlords can deliver a written termination notice that specifies the amount and late fees owed to remedy the situation. Again, the renter has a seven-day time-frame to pay and failure to pay within that time means the rental agreement will be terminated.

If a tenant doesn’t leave by the date given, you can file a complaint against them for Unlawful Detainer with your local courthouse. A sheriff will then serve the tenant with the lawsuit, and they have seven days to file a written objection. If they don’t file one, you win the case. If they do file a written objection then you’ll have to go to court on the given date, ask the judge to grant your eviction, and provide the necessary documents to prove a violation was made and that you gave proper eviction notice.

ALABAMA

You can terminate a tenant’s lease when the lease ends for any reason, or even no reason at all, as long as you give at least the alloted time frame stated in the lease.


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AUnder the Alaska Uniform Residential Landlord & Tenant Act in Section 34.03.220, Alaska requires landlords to start the eviction process by serving a tenant with a “Notice to Quit” or “Notice to Terminate Tenancy.” The written notice must contain:

• Why the notice is being given

• What the tenant can do to fix the problem (if applicable)

• Date and time of when their tenancy will end

• The proper days notice.

A landlord must also tell a tenant in the notice that they’ll be sued for eviction if they don’t correctly comply with the eviction notice.

The notice time you must give varies based on the reason for termination:

• Seven days for not paying rent

• 24 hours for causing more than $400 in damages

• Five days for engaging or permitting another to engage in illegal activities

• Five days for not paying utilities

• 10 days for other breaches of duties.

If a tenant doesn’t rectify the problem in the given time period, a lawsuit can be filed the day after the allotted time ends. You must file a Forcible Entry and Detainer lawsuit with the judicial district your property is in, and the tenant has 20 days to file their answer. If they do, you’ll have to attend two hearings and the judge will determine if you have the right of possession and the tenant must leave.

AS 09.45.100(c) says all notices have to be hand delivered to the tenant and left on the premises if no one answers or sent by registered or certified mail.

ALASKA

Alaska requires landlords to start the eviction process by serving the tenant with a written notice.


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D Under Arizona law, if a tenant isn’t following their lease requirements, then the landlord has the right to start an eviction action. This requires giving tenants an eviction notice that states the type of problem and time-frame the tenant has to rectify it, which varies based on the allegation.

If a tenant hasn’t paid rent, before a lawsuit can be filed a landlord must give them a five-day notice and the chance to pay the amount due in full. If not paid within the five days, a landlord can filed the eviction lawsuit on or after the sixth calendar day.

A material non-compliance that affects health and safety also requires a five-day notice.

In the case of material non-compliance, i.e. violating apartment complex rules, landlords must gives tenants a 10-day notice and the chance within that time to come to compliance. If they don’t comply by the 11th day, landlords can file an eviction lawsuit.

If the landlord believes the tenant has committed a material and irreparable breach of the lease, such as physically hurting someone or discharging a weapon on the premises, the landlord has the right to deliver a notice of immediate termination. If the tenants do not vacate within 24 hours, they can be sued for eviction.

All eviction notices are to be hand delivered or sent via registered or certified mail. If the latter, the five-day time period starts when the tenant signs the letter or five days after the landlord sends it, whichever happens first.

ARIZONA

If a tenant hasn’t paid rent, a landlord must give them a five-day notice and the chance to pay the amount in full.


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C Those who own property in Arkansas can refuse tenant lease renewals for any reason and can terminate a lease at any time for non-payment of rent or lease violations.

State law gives landlords a certain eviction procedure to follow in order to reclaim possession of the premises. According to the Arkansas Landlord/Tenant Handbook, those three procedures are:

• Unlawful Detainer

• Municipal Court

• Civil Eviction

An “Unlawful Detainer” procedure begins when a landlord alleges a tenant has violated the lease or rental agreement. They must give a tenant three days notice, at which time the tenant must leave the property or else they can file a lawsuit in Circuit Court for an eviction order. The tenant then has five days to provide a written response to the unlawful detainer complaint and attend an eviction hearing where the Court decides who’s in the right. Landlords receive an eviction order if the tenant doesn’t respond or misses the court date.

The “Municipal Court” procedure is quite simple. It happens only when a tenant doesn’t pay the rent, as per the lease agreement, and refuses to leave the property within 10 days after being told to do so. If a tenant doesn’t pay, the landlord can send a written notice to the tenant saying legal action will be taken if the required rent isn’t received. This legal action involves the tenant being issued a citation and appearing before a judge, being charged with a criminal misdemeanor and fined $25.00 a day for every day they illegally remain on the property after the 10-day notice.

Arkansas eviction notices can be given in one of four ways:

• Handed to the tenant.

• Sent a copy by registered or certified mail to the rental property’s address.

• Leave a copy with a person of a suitable age at the property and mail a copy.

• Post a copy on the rental property if no one is home when the notice is being delivered.

ARKANSAS

In Arkansas, landlords can terminate a lease at any time for non-payment or lease violations.


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E In the state of California, landlords can terminate tenancies and evict tenants for numerous reasons. Landlords who want to terminate a month-to-month tenancy simply must give the tenant a 30 or 60-day written eviction notice.

However, landlords can terminate a lease with a three-day eviction notice if a tenant does one of the following:

• Doesn’t pay their rent on time

• Breaks the rental or lease agreement and doesn’t fix the issue

• Materially damages the property in a way that decreases its value

• Is a serious nuisance to other tenants

• Uses the property for illegal actions

• Commits a domestic violence or sexual assault to someone on the property

Typically, 30 and 60-day notices don’t need to state the landlord’s reason for ending tenancy, but some rent-control cities require landlords adding a

“just cause” for eviction in the notice.

Three-day notices for not paying rent must contain the amount of rent that’s due; the name, address and phone number of the landlord (who’s being paid the rent); and the day and time of when the rent must be paid, whether or not it has to be paid in person or the name, address and account number of the financial institution it should be sent to. This notice also has to state the violation made by the tenant, how the tenant can rectify, and a warning that they must leave the property if it can’t be rectified.

Each type of eviction notice must be properly served to a tenant, i.e. by personal service, by substituted service, or by posting and mailing.

Landlords can terminate a lease with a 3-day eviction notice if a tenant fails to pay rent, breaks the lease, causes damage, or is a serious nuisance.

CALIFORNIA


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F To evict a tenant in Colorado, landlords should follow the Colorado landlord-tenant law. This law prohibits “self-help” eviction remedies; this means the landlord cannot take personal action to remove the tenant from the rental property, such as entering the home and changing the locks, without obtaining a court order (Colo. Rev. Stat. § 13-40-101). Instead, landlords should serve tenants a notice to terminate the lease (also called a written demand).

Written demands must include the following:

• the name and address of the tenant or the address of the rental property, if different from the tenant’s address

• the landlord’s name

• the grounds for the landlord’s right to possession (for example, the amount of rent and any late fees presently owed by the tenant to the landlord)

• a statement that if the rent due is not paid within three days of the notice the tenant must move out of the rental property or may be evicted, and

• the landlord’s signature, or the signature of the landlord’s attorney or agent.

Once the written demand is drafted and signed by the landlord, it can be served to the tenant by personal delivery, giving a notice to a person in the home who is over 15 years old, or by posting a notice on the premises in a place where it can be easily seen.

COLORADO

Colorado law prohibits self-help evictions; that means the landlord can’t enter the home to change locks without a court order.


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GIn order to evict a tenant in Connecticut, a landlord needs legally sufficient grounds to evict and then they need to follow a specific procedure called a summary process.

Proper grounds for eviction include a lease expiring, tenants not paying rent, tenants breaching their statutory duties or lease terms, and tenants taking part in illegal actions or being a serious nuisance. Landlords are only required to give a three-day eviction notice to tenants for not paying rent. With the breach of duties and terms, tenants have 15 days to cure the breach (pay their rent), but they cannot rectify evictions based on illegal conduct or nuisance.

The eviction process starts with an eviction notice. In Connecticut, it’s called a notice to quit form and is provided by the court upon request. A landlord must include in his or her notice each of the following:

• Names of each adult living on the premises (if names aren’t all known, refer to them as John and/or Jane Doe)

• Exact address, including the apartment number, floor number and other designations if any

• Reason for eviction

• Last day tenant can vacate the premises

• Landlord’s signature

A notice to quit has to be formally served, usually by a state marshal, who then returns the original copy to the landlord with his or her signature to indicate the service was made.

If the tenant remains living on the property three days after being served the notice to quit, the landlord can go to the clerk’s office with the original notice to quit form and the state marshal’s return of service to complete a summons and complaint. The tenant can then file an appearance with the court and go to trial. If they don’t, the landlord can file a motion for judgment for failure to appear and the court will issue its judgment against the tenant, usually meaning the landlord wins the case.

CONNECTICUT

The eviction process for Conneticut landlords must begin with an eviction notice (or notice to quit) provided by the court.


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H The laws regarding eviction are found in the Delaware Residential Landlord-Tenant Code (Part III of Title 25). Eviction is referred to as summary possession.

Reasons for tenant evictions include non-payment of rent (the most common reason) as well as staying on the premises after lease ends, breaching a lawful obligation, and breaking lease terms. In all these cases, an eviction notice must be given. The only instance not requiring an advanced notice is if a tenant is convicted of a crime that has caused or might cause harm to someone or the property.

Delaware landlords must serve tenants an eviction notice, but the time period varies according to the reason for eviction. In the case of not paying rent, a tenant has five business days from when the notice was delivered or mailed, unless they live in a manufactured home and then they have seven days.

After violating lease terms and receiving a notice, the law requires a seven-day time-frame to fix the problem before a landlord can file an eviction case, or 10 days for mobile homes. If a landlord wishes to terminate a rental agreement at the end of the lease or a month-to-month agreement, 60 days notice must be given, which starts the first day of the month after serving the notice.

Written notices must state the amount of rent due, amount of any fees for failure to pay rent, and the rules breached. It also must include the provisions that if a similar breach is made within one year, the landlord has grounds to initiate an action for summary possession for any rules and contract violations.

Like with most states, if a tenant doesn’t leave or fix the problem in the allotted time a landlord can file an eviction lawsuit, also called an action for possession, with the Justice of Peace court. The landlord will file a complaint (sometimes requiring a special form), then the court clerk will issue a summons. If a tenant fails to answer the complaint and summons, it leads to a default judgment where the landlord wins the case. If a tenant responds, it will go to trial.

DELAWARE

The only instance of not requiring an advanced notice for eviction is if the tenant is convicted of a crime that might cause harm.


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IThere are two landlord-tenant eviction forms in Florida.

The first is termination for failure to pay rent. This form must be written and delivered by mail or in-person to the residential unit (where it is either given to the tenant or left on the unit if they’re not home) and requires a three-day eviction notice, excluding weekends and legal holidays. If the tenant doesn’t pay the rent in the three-day time-frame after being delivered the notice, the landlord can terminate the rental agreement unless the written rental agreement states a longer time-frame.

Form two is a notice of noncompliance for any other matters besides failure to pay rent. Violations of this nature include: tenants not complying with statutory obligations under Florida Statute 83.52, violating material provisions of their rental agreement, or breaking rules and regulations. This eviction form must be written and delivered by mail or to the unit. Upon receiving, the tenant has seven days to remedy the problem before the landlord can legally evict them, unless certain violations can’t be fixed and then tenants just have the seven days to leave.

Florida Statute 83.56 gives examples of how an eviction form should be written based on the reason for termination. Form one needs to state the sum of money owed to the landlord, the address of the tenant’s residence, and that the tenant has three days to pay the rent.

Form two needs to state the noncompliance, say they must remedy the problem in seven days OR that it can’t be remedied and they must be out in seven days. It also should tell the tenant that violations that can’t be remedied in the next 12 months will result in termination without a chance to fix the misconduct.

In the event of a tenant remaining on the property, landlords should file a complaint with the county clerk in the county of their rental property.

FLORIDA

There are two reasons to evict tenants in Florida: termination for faitlure to pay rent and noncompliance.


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J Georgia landlords can file a dispossessory action to legally evict a tenant if the tenant doesn’t pay rent, violates a part of their lease, or stays in the residence once their lease as ended. Dispossessory actions are generally filed in the magistrates court, but can also be filed in municipal, civil, state. or superior court.

Before going to court and filing this action, a landlord has to demand that their tenant vacates the premises, which is best done in writing with a notice to quit or demand for possession and delivered in a way the landlord can prove it was given to the tenant. If the tenant refuses to leave or fix the problem, the landlord can go to the court and file a dispossessory affidavit, which states the landlord’s name, tenant’s name, reason for being removed, verifies the landlord has demanded possession back and tenant has refused to leave, and amount of rent or other fees owed if there is any.

After filing the dispossessory affidavit, the form must be legally served to the tenant. In most cases, a sheriff will deliver it. It can be served personally to a competent adult residing in the residence or tacked on the door of the residence if no one answers.

Upon receiving the court papers, the tenant has seven days (not including weekends or legal holidays) to respond orally or in writing or pay the money due. If the tenant doesn’t answer or pay, the lawsuit is in default; meaning the court grants the landlord a writ of possession and the tenant can be immediately removed by the sheriff. If the tenant does answer, it will go to trial.

A 60-day notice from the landlord must be given to terminate a tenancy at will, but if a tenant-at-will doesn’t pay their rent, a 60-day notice isn’t required. The landlord only has to demand possession and then can file a dispossessory affidavit seeking possession in court.

GEORGIA

A 60-day notice is required to terminate a lease at will, but if a tenant does not pay rent then a 60-day notice is not required.


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K In Hawaii’s Landlord-Tenant Handbook, landlords are instructed on how to legally evict rental tenants.

With month-to-month tenancies, a landlord can terminate the tenancy as long as they give the tenant a written notice no less than 45 days before the date of termination. With a week-to-week tenancy, the landlord must give a 10-day written notice. A fixed term rental is required to have a termination date in the rental agreement, so no notice is required. However, a landlord can sue to evict the tenant if he or she stays in the dwelling after the termination without the landlord’s consent (making them a holdover) as long as they do it within 60 days.

Tenants are obligated to comply with all rules brought to their attention. If a tenant doesn’t pay their rent on time, the landlord can demand the rent anytime after it’s due. They can give the tenant a written notice saying payment must be made within five business days or the rental agreement will be terminated and the landlord can sue to evict the tenant.

If a tenant fails to maintain the dwelling, is negligent toward it or unlawfully uses it, the landlord can notify the tenant in writing of the breach and specify the time-frame to fix it, which can’t be less than 10 days. They can personally give the notice or post it to the dwelling unit. When actions aren’t taken to remedy the problem in the time-frame given, the landlord can terminate the agreement and sue to evict the tenant, which has to be done within 30 days of the continued breach.

Eviction notices for improper use of a dwelling unit must have the landlord’s name, date, tenant’s name, rental address (including state), the rule they’re breaching, the time-frame that was given to fix the problem, and a notice that the landlord can terminate the agreement and sue for possession.

When a tenant’s actions, or lack of, may cause immediate damage to the property or a person, an advanced notice or time for correction isn’t necessary and the landlord can immediately end the rental agreement.

HAWAII

Eviction notices must have the landlord’s name, date, tenant’s name, rental address, rule they are breaking, timeframe to fix it, and notice to terminate.


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M Landlord and tenant guidelines state that a notice of eviction in the state of Idaho has to be properly served with either a three-day or 30-day written notice, depending on the reason for eviction. The service of the notice has to be delivered by the landlord to the tenant in person. If the tenant isn’t home when the landlord visits, they can leave a copy with a competent person at the residence. If no one is home, the landlord has to post a copy of the written notice on the property, leave a copy with anyone residing on the premises if found, and mail a copy to the rental address.

A written three-day notice is allowable when a tenant has failed to pay their rent, violated the lease, or engaged in illegal activity. The following is what should be included in these written three-day notices:

• Failure to pay rent: name of the tenants/sub-tenants, exact amount they owe, address of the property, a notice that they have to pay the full amount or move out within three days of receiving the notice or be sued for eviction. You must let them know that if that happens, they are required to pay any fees and court costs. You also must include the date the notice was created and the printed name and signature of the landlord.

• Violation of the lease: specify the violation(s) made and advise the tenant of their three-day right to remedy the problem or be sued for eviction.

• When engaging in illegal activity, the tenant has no right to cure the illegal activity and the landlord can terminate the agreement.

A 30-day written eviction notice is permitted when a tenant is renting a space for an open-ended time period.

If a tenant receives the proper notice and still fails to pay their rent on time, comply with the lease, or leave the property, then the landlord can file an unlawful detainer action to force the tenant out of their property.

IDAHO

A written 3-day notice is allowable when a tenant has failed to pay their rent, violated the lease, or engaged in illegal activity.


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N To begin the eviction process in Illinois, a landlord’s first step is delivering a notice of eviction. There are three time periods landlords must adhere to, depending on the reasons for eviction.

A five-day written notice of eviction is only used when a tenant hasn’t paid rent. It states the amount due and that if the tenant fails to pay the rent and any late fees within the five-day period, they must vacate the premises.

A 10-day notice is issued when a tenant fails to comply with the rental lease agreement. Most cities don’t allow tenants the chance to fix the problem within the 10 days, but in the city of Chicago tenants can cure the problem to stay and send a letter to the landlord explaining what they’ve done to correct the violation.

A 30-day notice is given with month-to-month or oral leases, and landlords can terminate for any or no reason. If the tenant doesn’t leave the property after the 30 days, a landlord has to file a complaint to move forward with the eviction process.

Written eviction notices have to be delivered in one of four ways: handing the tenant the notice, giving it to someone on the premises who is at least 13 years old, mailed by certified mail, left on the ground in front of a tenant who refuses to take it, or posted on the door of the premises if no one is there.

Once a proper notice is given and the tenant doesn’t adhere to the requests, a landlord can go to the court and file an eviction lawsuit against a tenant (also known as a forcible action).

ILLINOIS

To begin the process of eviction, a landlord must first deliver a notice of eviction.


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O Landlords with Indiana properties must follow the eviction laws and processes found in Article 31 of Title 32 in the Indiana Code. These laws explain that a landlord must start the eviction process of a tenant by delivering a written eviction notice, or a notice to quit.

A notice must be given no less than three months in advance of the eviction date for year-to-year tenancies and must include the date, tenant’s name, a notice that the tenant must vacate the property at the end of the lease year, a description of property, and landlord’s name.

Refusal or neglect to pay rent requires a written notice with no less than 10 days to terminate the agreement unless the parties agree otherwise or the tenant pays the amount due before the 10 days expires. Landlords should include the date given, tenant’s name, say they have 10 days to pay in full or will have to vacate, give a description of the property, and state landlord’s name.

A notice must be served to the tenant, but if the tenant can’t be found it can be served to someone else residing on the property who must then explain it to the tenant or if no one is found it can be posted to some part of the property.

INDIANA

A notice must be served to the tenant, but if the tenant is unavailable it must be given to someone in the household or posted on the premises.


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L In Chapter 648 of the Iowa Code (Forcible Entry and Detainer), the rules of Iowa eviction are laid out for landlords and tenants. The main reasons a landlord can legally evict a tenant are for not paying their rent or improper behavior, i.e. they violate the lease, harm someone, or destroy the property.

To start the eviction process, an Iowa landlord must serve the tenant with a written Iowa eviction notice, also called a notice to quit. A three-day notice is served to a tenant who fails to pay their rent, creates clear danger, or stays after their lease has expired. A seven-day notice is used for other lease violations. The landlord must state why the notice of termination is being given in the written notice.

To properly serve the notice, a landlord can either hand deliver the notice to quit to the tenant or someone who is at least 18 years old and have that person sign a copy of the notice verifying they received it OR a landlord can post the notice to the property’s door and mail a copy by certified mail and regular mail.

Once the notice has been served and the tenant hasn’t fixed the problem or vacated the premises in the given time-frame, the landlord can file a forcible entry and detainer case with the county clerk.

IOWA

To start the eviction process, a landlord must serve the tenant with a written eviction notice.


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P The rules around eviction in Kansas are found in the Kansas Residential Landlord and Tenant Act and state that landlords must properly give tenants they wish to evict a written notice form with a time-frame that depends on the reason for eviction.

If a tenant is renting a place from month-to-month, landlords must give tenants a notice to terminate or notice to vacate at least 30 days in advance of a rent paying date that’s specified in the written notice. If the tenant’s rent period is less than 30 days, the notice requirement has to be equal to the rent period, like week-to-week, twice a month, etc. A 30-day eviction notice doesn’t need to state the reason or lack thereof for eviction, but it does need to include the tenant’s name, a request for them to move out of the specified property by the specified date, and the landlord’s name.

A three-day notice is given when a tenant is behind with their rent, giving them three days to pay the total amount or leave. Under Kansas law, there is no grace period for rent payment, so unless the rental agreement says otherwise landlords can serve this notice the minute rent is overdue. This eviction notice should include the tenant’s name, landlord’s name, address of property they’re in, along with a sentence telling them that a payment was due by whatever date, how much they owe, and that it must be paid within three days or the landlord can take legal action against them to get the money and possession of the property back. If delivered by mail, the tenant has two extra days from the mailed date.

There’s also a 14/30-day notice of tenant noncompliance, issued when a tenant breaks something and doesn’t pay or repair it, has an unauthorized pet living in the residence, or causes other rental agreement violations. This notice can be a warning to month-to-month tenants or used to terminate a lease. A 14/30-day notice must have the tenant and landlord’s names, address of residence, state the violation(s) and say the tenant must correct the problem within 14 days or move out no later than 30 days upon receiving the notice. Kansas law further states that if a tenant corrects the violation in the 14 days, but then the same violation recurs afterward, the landlord has the right to immediately serve a 30-day notice to terminate the agreement.

Service of eviction notices must be hand delivered to the tenant or a person residing in the residence who’s 12 or older, taped to the door, sent by certified mail or registered mail or a combination of these.

KANSAS

Under Kansas law, there is no grace period for rent payment, so landlords can serve a 3-day notice the minute rent is overdue.


20

Q Kentucky adopted the Uniform Residential Landlord and Tenant Act (URLTA), which lays out the rules and regulations all Kentucky landlords and tenants must follow. According to URLTA, to begin the eviction process a landlord must serve a written eviction notice, and like many other states, the notice’s time-frame and included information varies based on the reason for eviction.

If a tenant is noncompliant with their rental agreement, then there are two types of notices a landlord can give. The first is a 14-day written notice for a material noncompliance, and the notice should specify the noncompliant acts or breaches and a notice that if the tenant doesn’t remedy the breach within 14 days the rental agreement will be terminated.

If a tenant remedies the breach on time, but then makes the same breach within six months after the first, the landlord can terminate the agreement with at least 14 days notice again.

The second reason for eviction is failure to pay rent. This requires a seven-day written notice, which needs to list that rent is overdue, how much the tenant owes, and that nonpayment within the seven days means the landlord can terminate the rental agreement.

For periodic tenancies, a landlord can terminate a week-to-week tenancy with a seven-day written notice and a month-to-month with a 30-day notice. Both must specify the date of termination in the notice and be delivered the required person 7 or 30 days before that date.

To be properly delivered to a tenant, a landlord should hand deliver the eviction notice to the tenant or mail it to the tenant’s residential address by certified or registered mail.

KENTUCKY

Landlords should hand-deliver eviction notices to the tenant or mail it to the tenant’s residential address through certified mail.


21

RLOUISIANA The proper eviction procedure in Louisiana follows the Code of Civil Procedure and begins with a landlord giving the tenant a written notice to vacate.

When the tenant breaches the lease agreement, i.e. doesn’t pay rent, the notice to vacate must be delivered to the tenant or posted on the door of the leased property and give the tenant five days, excluding weekends and holidays, to vacate the property. If a tenant fails to leave during that time-frame, the landlord can file a petition with the justice of the peace or county court on the sixth day to begin the eviction proceedings.

For leases with a definite term, a written notice to vacate must be given no more than 30 days before the lease term ends.

When a tenant breaches the lease agreement a notice to vacate must be delivered to the tenant or posted on the door.


22

U In Maine, tenants at will (i.e. someone without a written lease) can be evicted by a landlord with a 30-day written notice. A month-to-month tenant can also receive a 30-day written eviction notice informing the tenant 30 days before the end of their rent period. Those with a written lease cannot be evicted unless the lease expires or the tenant violates the lease.

Maine law allows landlords to give month-to-month tenants seven-day eviction notices if a tenant does any of the following:

• Is seven or more days behind in rent

• Causes substantial property damage

• Causes a nuisance

• Commits a crime on the premises

• Allows the premises to become unfit to live

If an eviction is because a tenant is 14 days late with rent, the tenant has seven days to pay the rent and revoke the eviction notice. But if they are a tenant at will, then they can be evicted immediately if they’re seven days late with their rent.

When a tenant breaches contract, a landlord is required to give a written notice to the tenant saying what the breach is and that they have 10 days to correct the violation. Tenants who fail to correct the violation in the 10 days give the landlord the right to send a second notice informing tenants that their lease will end in 30 days.

The landlord’s notice has to explain their reasoning for eviction as well as the tenant’s rights if a court eviction commences, a.k.a. a forcible entry and detainer action is taken.

MAINE

When a tenant breaches the contract, a landlord is required to give a written notice to the tenant explaining the breach and that they have ten days to correct the problem.


23

T The laws of Maryland dictate that landlords can evict tenants for three reasons: failure to pay rent, breach of lease, or refusal to leave (hold over).

As soon as rent is past due, a landlord can file a failure to pay rent form (DC-CV-082) in the District Court in the county of the property. The landlord is required by law to give a written notice to the tenant before filing the eviction lawsuit with the court, unless the lease says otherwise. The tenant can stop the eviction by paying the rent in full and any associated fees by the day of the trial.

Landlords file a complaint and summons against tenants who breach their lease (DC-CV-085) or are holding over (DC-CV-080). A complaint that is filed for a breach of the lease means the landlord has given the tenant a 30-day written eviction notice stating the violation and the tenant refuses to comply. If the breach demonstrates any danger to the premises or people on it then the landlord only needs to give a 14-day written notice.

A tenant is only properly served when the sheriff or constable serves the summons directly to the tenant, posts it on the property or sends it by first class mail.

Evictions can’t happen on a Sunday or holiday in Maryland, and before one can legally take place the landlord must get a judgment for one of the reasons to evict mentioned above, as well as a complaint for a wrongful detainer. Then they must wait for four days. After the four days (and no later than 60), the landlord can file a petition for warrant of restitution. If granted, the landlord has the right to evict the tenant. Maryland landlords are not responsible for notifying their tenants of the time of eviction, but a sheriff or constable has to be present before an eviction happens.

State law also mandates the minimum length of written notices to terminate tenancies should be given as follows:

• One-week notices for weekly tenancies

• One month before the end of the month when the tenant has to leave for month-to-month tenancies

• Three months before the end of the year for year-to-year tenancies

• One month before the end of term for definite term tenancies (no provision for renewal)

• One month’s notice for tenancies at will.

MARYLAND

Maryland laws dictate that landlords can evict tenants for three reasons: failure to pay rent, breach of lease, or refusal to leave.


24

SWhen a Massachusetts landlord wishes to evict a tenant, they first have to terminate the tenancy. They should do this by notifying their tenant with a written notice to quit form. The form must state the specific day the tenancy will end, but there’s no certain way it has to be delivered. It does however have to be received by the tenant. A sheriff can hand deliver it, a landlord can tape it to the residence’s door, or a landlord can send it by certified mail.

Landlords can terminate a month-to-month tenancy at will with a written 30-day notice to quit. Unexpired leases need proper grounds for termination, i.e. unlawfully causing or threatening harm to someone on the premises or engaging in criminal activity, and the required length of time to give notice. But if a lease expires, a notice to quit isn’t needed because the lease itself tells the tenant when the tenancy ends.

For non-payment of rent, a written 14-day notice to vacate must be issued to the tenant, unless the tenant’s lease states otherwise.

If a landlord’s reasoning for eviction is because of a lease violation or not paying rent, then this reason must be explicitly stated in the notice. For a tenant at will or expired lease, no reason is necessary.

If the tenant doesn’t vacate the property at the end of the time stated in the notice to vacate, then the landlord has the legal right to purchase and complete a summary process summons and complaint from the court.

To evict a tenant, a landlord must first terminate the tenancy.

MASSACHUSETTS


25

V Michigan landlords need to give their tenants a notice to quit to start the eviction process, or the summary proceedings.

Michigan law gives nine reasons a landlord can evict a tenant:

• Not paying rent

• Extensive and continual physical injury to the property

• Serious and continual health hazard

• Illegal drug activity

• Violation of a lease provision

• Forceful entry or peaceful entry with forceful stay or trespass

• Holding over after lease ends

• “Just cause” with a mobile home park

• “Just cause” with government-subsidized housing

The amount of notice time for Michigan is seven or 30 days. Seven-day notices are given for not paying rent, physical injury to property, serious and continual health hazard, and illegal drug activity. Landlords should also fill out a demand for possession form when a tenant hasn’t paid rent and the landlord wants the tenant to pay the amount owed or vacate the property.

A 30-day notice may be given when the tenant violates a lease provision, holding over after lease expiration and for forceful or peaceful entry with forceful stay or trespass. A 30-day (full month’s) notice must also be given to month-to-month tenancies.

Each notice must contain the tenant’s name, address of rental property, reason for eviction, time to make remedial action, date, and landlord’s signature.

Before a Michigan court will grant a landlord’s request for order of eviction, the landlord has to properly give the tenant an eviction notice. To be rightly delivered to the tenant, the eviction notice must be given to the tenant in person, to a suitable-aged person at the rental property or by first-class mail.

MICHIGAN

Before a Michigan court will grant a landlord’s request for order of eviction, the landlord has to properly give the tenant an eviction notice.


26

W Chapter 504B in the Minnesota Statutes contains the laws regarding eviction that landlords must follow. The laws state that to legally begin the eviction process, a landlord has to give a tenant an eviction notice that says the tenant will be sued if they don’t comply with the demands listed in the written notice.

To end periodic tenancies, landlords must provide a written notice at least one full rental period in advance before the last day of the tenancy. Definite term tenancies should have listed in the lease agreement what kind of notice is needed (usually 30-60 days before the lease ends).

The legal causes for eviction in the state of Minnesota are non-payment of rent, lease violations, and holding over after the lease ends.

For non-payment of rent, a landlord will bring an eviction action, which is equal to a demand for the rent. Landlords can issues this action immediately after rent is due. If a landlord brings an eviction action against a tenant who hasn’t paid rent and the landlord wins, a tenant is still able to

“pay and stay” where they pay the past due rent, plus any interest, attorney fees and costs of the eviction action.

To bring an eviction action, landlords must file a complaint and summons with the district court that states the tenant’s full name and birth date, description of the premises. and the facts to authorize recovering their property. It must be served by the sheriff to the tenant in person or placed on their last place of residence at least seven days before the court date.

MINNESOTA

The legal causes for eviction in Minnesota are non-payment of rent, lease violations, and staying after the lease ends.


27

Y The Mississippi Landlord-Tenant Act gives the reasons and proper proceedings for terminating a lease for both landlords and tenants.

Month-to-month tenancies requires landlords to give tenants a 30-day notice before termination, while week-to-week tenancies just require seven days notice.

The most common reason for eviction is not paying rent. When this happens, a landlord should give the tenant a written three-days notice, which should state that the tenant has three days from receiving the notice to pay the late rent or the landlord can terminate the lease.

Other reasons to evict include breach of lease, property damage, and a tenant staying after their lease ends.

When a material breach of lease is made by a tenant, a landlord should deliver a written notice that specifies the acts and omissions made and states that the rental agreement will be terminated in no less than 30 days unless the tenant remedies the breach within that time-frame. A tenant who remedies the breach, but then commits the same breach within six months of that first notice, can receive a 14-day written notice by the landlord stating the breach and the date of termination.

If there’s a threat to the health or safety of the dwelling or someone therein, no prior notice is necessary.

Acceptable service methods for eviction notices in Mississippi are the landlord personally delivering the notice to the tenant, the landlord delivering it to someone who’s 13 years or older who lives in the dwelling or by certified mail.

MISSISSIPPI

Reasons to evict in Mississippi include non-payment of rent, breach of lease, property damage, and a tenant not leaving once the lease is up.


28

X Missouri’s landlord-tenant laws state that oral notices aren’t valid. A landlord has to give a written notice to terminate a tenancy.

Allowed reasons for tenant evictions in Missouri are:

• A written lease ends

• Failure to pay rent

• Damaged property

• Violation of a written lease

• Criminal activity, i.e. use or selling of illegal drugs, illegal gambling, etc.

While the time period for failure to pay rent isn’t specified, any tenancy at will or by sufferance or that’s less than a year can be terminated by the landlord with a written one-month notice telling the tenant they must vacate the property by the end of that time.

In regards to mobile home lots, landlords are required by law to give a 60-day notice before termination if the lease is less than one year. Prior written notice isn’t legally necessary when tenants are involved with illegally activity or violence, when someone is occupying a dwelling without the landlord’s consent, or when a lease specifies the date for when the tenant should vacate the dwelling.

A landlord cannot legally evict a tenant without a court order. The tenant will receive the notice that an eviction lawsuit has been filed, either a suit for rent and possession or an unlawful detainer suit in Missouri.

MISSOURI

In Missouri, oral notices to evict are not valid in a court of law.


29

Z Montana landlords can only terminate leases early if the tenant has violated the rental agreement or what’s required in the Montana Residential Landlord and Tenant Act. Laws allow landlords to terminate a rental agreement with a 14-day written notice when these violations have been made.

The only exceptions are with month-to-month leases, which require a 30-day notice, and the following situations which only require a three-day notice:

• Unpaid rent

• Damage to the rental property

• Having an unauthorized pet or tenant

• Being criminally charged for producing or making drugs on the property or gang-related activity.

A five-day notice can be given when a tenant repeats a violation that the landlord has already notified the tenant about in writing within the past six months.

Unpaid rent and unauthorized persons or pets are correctable actions, and a tenant can stay in the property if corrected within the three days. Property damage and illegal actions aren’t correctable behaviors.

If the tenant doesn’t leave after receiving a written notice that states the reason for termination and date by which a tenant must move out (which should be hand delivered or mailed), the landlord can file an eviction lawsuit in court.

MONTANA

A five-day notice can be given when a tenant repeats a violation they have already gotten a written notice about.


30

c Legal eviction in Nebraska happens in three steps:

• Providing a written notice to quit

• A summons

• A writ of restitution

Written eviction notices are to be given for periodic tenancies, failure to pay rent, and noncompliance with the rental agreement.

In regards to periodic tenancies, Nebraska statutes say that a landlord can terminate a week-to-week tenancy with a written notice given seven days prior to the termination date listed in the notice and a month-to-month tenancy with a 30-day written notice from the periodic date listed in the notice.

When a tenant doesn’t pay their rent on time, a landlord can give a three-day written notice stating the rent is overdue and, unless the rent is paid in the next three days, the landlord can terminate the rental agreement.

Nebraska statutes also state that if there’s a material noncompliance with the rental agreement or one that affects the health and safety of the rental property or people on it, then the landlord can deliver a 30-day written notice. This notice must state the acts and omissions the tenant has made and say that the landlord will terminate the rental agreement unless the tenant remedies the breach within 30 days. If the same tenant commits the same breach within six months after receiving the first notice, the agreement can be terminated with a 14-day written notice stating the breach made and date of termination.

After a five-day written notice of termination and if the tenant does not fix the problem, a landlord can file suit and have judgment against a tenant for their property if the tenant, another living on the property or someone in the tenant’s control engages in criminal activity on the premises.

A tenant has been notified when a landlord has hand-delivered the notice to them or mailed it to the property’s address or the last known place of residence. Landlords can also have a sheriff serve the notice to quit to the tenant.

NEBRASKA

Written eviction notices are to be given for periodic tenancies, failure to pay rent, and noncompliance with a rental agreement.


31

g Legally removing a tenant from a Nevada property has to be done through a court order, but before a landlord can request that court order, Nevada law requires landlords to serve the tenant with a written notice.

In Nevada, there are three types of notices: a three day, 30 day and 60 day.

Three-day written notices are given when tenants don’t pay their rent on time or have violated another material term of their rental agreement. The notice must inform them that they need to pay the rent or move out. Tenants who pay or remedy the violation within the three days are allowed to stay, while those who don’t give the landlord permission to start the unlawful detainer proceeding right after the three days have passed.

For reasons other than non-payment of rent, the eviction notice must be served first as well as a second notice called an unlawful detainer notice.

A 30-day notice to quit is given to month-to-month tenancies for tenants who have lived on the premises for less than one year. Unless a rental agreement states otherwise, Nevada landlords don’t have to state their reason for termination in this notice .

A 60-day notice likewise doesn’t need the reason for termination mentioned, and is reserved for tenants who have resided on the property for more than one year.

In the case of mobile home park evictions, landlords can give a 10-day termination notice for unpaid rent, a 45-day notice for failure to correct a noncompliance with the law or rules of the park, a five or three-day notice for nuisance, and 45-day notice for annoyance.

Each type of notice form should also include the date of service, tenant’s name, address of property, and signature of the landlord.

These notices can be served personally to the tenant in the presence of a witness, left with some at least 14 years old at the premises and mailed to the tenant, or posted to a conspicuous place at the rental property with a mailed copy to the tenant.

NEVADA

Each eviction notice form should include the date, tenant’s name, address of property, and landlord’s signature.


32

d A New Hampshire landlord cannot legally evict a tenant unless they follow the steps laid out in state law (RSA 540). According to the law, the legal causes for eviction in New Hampshire are:

• Failure to pay rent

• Substantial property damage

• Behavior that negatively affects the health and safety of others

• Lease violation

• Other good cause (must be legitimate business reasons)

When a tenant commits one of the first three actions, they can reverse the eviction order by remedying the situation, i.e. paying the unpaid rent, fixing the damage, etc.

In order to legally start evicting a tenant, the landlord must first send a written notice to the tenant; a legal document of a notice to quit or leave. A seven-day notice is required for unpaid rent, property damage, or behavior that affects someone’s health or safety. A 30-day notice is sufficient for other grounds for eviction.

With failure to pay rent, before sending a notice to quit the landlord must make a demand in writing for payment of the owed money. The notice to quit for non-payment of rent should state that the tenant has the right to evade the eviction if they pay the rent owed plus fees before the last day listed in the notice to quit.

Notices should always include the date, tenant’s name, property address/description, reason for eviction, tenant’s right to avoid eviction by doing the action needed (if applicable), and the landlord’s signature.

Service of demand and eviction notices can be served by any person and can be served to the tenant personally or left at the tenant’s place of residence.

NEW HAMPSHIRE

Callout


33

eNew Jersey Eviction Law provides all the rules and regulations landlords must follow to evict a tenant, including the eviction notice requirements for every type of eviction allowed in the state.

A landlord needs to have good grounds for eviction and the time period varies based on the list of reasons, which in New Jersey is longer than most states:

• Failure to pay rent—No notice is necessary except with tenants living in federally subsidized houses where a 14-day notice is required.

• Disorderly conduct—A three-day notice is required after giving a written notice to the tenant to cease the disorderly conduct before filing a suit for eviction.

• Property damage or destruction—A three-day notice to quit must be served when a tenant has intentionally caused or allowed property damage.

• Landlord rules violation—A one-month notice should be given after giving a notice to cease the violating action and the action continues. Notices must also be given on or before the start of the new month.

• Lease violation—A one-month notice must be served after giving a written notice to cease. For violations regarding illegal uses of substances or actions, the notice to quit should conform with federal regulations pertaining to public housing.

• Failure to pay rent increase—A one-month notice has to be served when a tenant doesn’t pay the rent after being given sufficient notice of rent increase.

• Health and safety violation or removal from rental market—A three-month notice must be given before filing a suit for eviction if the landlord has to board up or demolish the property because of health and safety violations, a government agency wants the property or a landlord needs to correct an illegal occupancy.

• Landlord wants to retire the property from residential use—An 18-month notice to quit has to be given when the landlord chooses to retire the residential use of the property permanently.

• Refusal to accept terms and conditions changes in lease—A one-month notice to quit must be served when a tenant refuses to accept lease changes provided in another written notice after their lease expires.

• Tenant always paying late or failing to pay—A one-month notice needs to be served if a tenant continually fails to pay their rent or always pays late after also giving a written notice to cease.

NEW JERSEY

A landlord must have a grounds for eviction based on a list of reasons outlined by the state of New Jersey.


34

• Conversion to condominium, cooperative or fee simple ownership—When the landlord decides to make one of these conversions, they must first given tenants a three-year notice to quit before filing for a suit for eviction.

• Tenancy after conversion—If an owner wants to live in the unit after conversion then they have to give a two-month notice.

• Tenancy based on employment—Tenants who work for the landlord and live in the building have to be served a notice to quit three days before filing a suit for eviction.

• Drug conviction—When a tenant has been convicted or pleaded guilty to a drug offense that took place on the rental property then a notice to quit has to be given by the landlord three days in advance.

• Assault or threatening conviction—If a tenant pleads guilty or is convicted of assaulting or threatening the landlord, a landlord’s family member or landlord’s employee then a notice to quit has to be served three days before.

• Involvement in criminal activities—If civil court holds a tenant liable for theft, threats or illegal drug activities on the premises then the landlord can serve a three-day notice to quit before filing for eviction.

• Conviction for property theft—When a tenant is found guilty or pleads guilty to property theft of the landlord or tenant a three-day notice has to be given.

Landlords can serve the notice to quit personally by handing a copy to the tenant or leaving a copy with a tenant’s family member who is at least 14 years old. A copy can also be mailed by certified mail.


35

fNew Mexico tenants have certain rental obligations to live up to. If they fail to meet those obligations, then a landlord can give them an eviction notice.

Failure to pay rent is a top problem, and in the case on non-payment a three-day notice should be given stating the tenant needs to pay rent in the given time-frame or the landlord can go to court to evict the tenant. This notice can be hand delivered, mailed to the tenant, or posted to the tenant’s place of residence.

Failure to follow rental agreement obligations or perform the duties the law requires, results in a seven-day notice. The notice has to clearly state the problem and tell the tenant they have seven days to fix the problem. It must be given within 30 days of when the problem occurred. This notice can be personally handed to the tenant, mailed to the tenant, or posted to the residence and mailed to the tenant.

Tenants who fix the problem in the given time can’t be evicted, but if they cause other problems within six months of the first notice then the landlord can give a second seven-day notice and the tenant has no right to fix the problem this time.

A three-day notice is given when the landlord believes the tenant or someone on the property living with the tenant has committed a serious crime. The tenant can’t cure this problem. The notice simply tells them what substantial violation was committed and that they have three days to vacate the property. This notice should be hand delivered, mailed, or posted to the property and mailed.

Landlords can terminate a tenancy without giving a reason with a 30-day notice for month-to-month tenants or a seven-day notice with week-to-week tenants.

NEW MEXICO

Failure to follow a rental agreement can result in a seven-day notice to vacate.


36

hLandlords in New York can bring nonpayment cases and holdover cases against their tenants.

Before a landlord can start a nonpayment case, they first have to give a written three-day demand for the overdue rent. The demand has to inform the tenant that they have three days to pay the total amount or the landlord can file a court petition for eviction. The rent demand can be given orally, but some rent agreements state it has to be given in writing so it’s best to do a written demand.

Eviction reasons other than not paying rent are considered a holdover case. Depending on what the tenant has done, landlords will have to serve a notice to cure, notice to quit, or notice of termination to the tenant.

A notice to cure is given when a tenant violates the lease. It’s a 10-day notice and must state what the tenant is doing wrong and how long they have to cure the problem. Tenants who don’t adhere to this notice are given a second notice, a notice of termination, by the landlord before starting a case.

A notice to quit must be given 10 days in advance. It gives the reason they have to move, i.e. they do not have landlord permission to live there or the tenant allowed someone to live there without the landlord’s permission, and that they have 10 days to do so.

A notice of termination is given to month-to-month and week-to-week tenancies, seven-day notice and 30-day notice to leave, respectively. It should contain the reason for termination, the date the tenant has to move out by, and a notice that the landlord will file a case with the court unless the tenant moves out by the given date.

The written demand or notice cannot be given by the landlord in New York. It has to be served personally by a process server or a friend of the landlord who has to sign and notarize that the papers were delivered, they can leave the papers with someone of suitable age on the property and mail two copies via regular and certified mail or attach the paper’s to the property’s door and mail two copies by regular and certified mail.

A written notice of eviction has to be given to the tenant by a sheriff or marshal before executing the warrant to evict. How a tenant receives the notice, personally served or mailed, determines when the sheriff or Marshall returns to actually evict the tenant.

NEW YORK

A written demand or notice of eviction cannot be given by the landlord in the state of New York.


37

aGrounds for termination of tenancy in North Carolina fall under three categories: nonpayment of rent, holdover, and breach of lease.

With tenants who don’t pay their rent on time, a landlord has to make a clear demand for the rent owed and file for eviction 10 days or more after the demand is made. This is referred to as a 10-day demand for rent and states the tenant has 10 days upon receiving to pay the rent before a summary ejectment complaint is filed.

Tenants who stay longer than the lease allows (holdover) should be served a notice to quit. The notice can be written or oral and has to be given 30 days or more for year-to-year tenancies, seven days or more for month-to-month tenancies, or two days or more for week-to-week tenancies.

In a breach of lease situation, a landlord must provide a written lease and have proof of the tenant’s breach. But what they don’t have to do is provide the tenant a chance to cure the problem or give a minimum notice unless the lease requires one before filing eviction papers after learning of the violation.

NORTH CAROLINA

Grounds for termination of tenancy in North Carolina are: nonpayment of rent, holdover, and breach of lease.


38

bNorth Dakota landlords have responsibilities, but so do tenants. If a tenant fails to pay their rent, disturb other tenants, conducts illegal activity on the premises, has an unauthorized pet or too many occupants in accordance with the lease, then the tenant can be evicted.

In order to legally evict a tenant, a landlord first has to serve them a notice of intention to evict, or a notice to quit. This is a three-day, advanced warning notice of the landlord’s intention to start the eviction process. If after receiving the tenant doesn’t voluntarily fix the problem or leave the premises, then the landlord’s next action is to serve a summons and complaint. This is what starts the actual legal eviction process.

All notice to evict forms should include the tenant’s name, the property’s address, the date of the signed lease or rental agreement, reason for eviction, date of the created form, and landlord’s signature.

The notice is only legally served in North Dakota when it’s personally served to the tenant by someone 18 years or older and not a party to the landlord, mailed to the tenant, or posted to the premises by a sheriff.

NORTH DAKOTA

In order to legally evict a tenant, a landlord must serve them a notice of intention to evict.


39

i Ohio eviction laws are found in the Ohio Revised Code and state that a notice must be given by a landlord. This notice to vacate must be given three or more days before the beginning the eviction process and should be delivered by either certified mail (with a handwritten copy given to the tenant) or by leaving it at the tenant’s residence.

Every written notice given must contain the following language:

“You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommend that you seek legal assistance.”

Landlords can evict tenants if they fail to pay their rent on time, stay in the rental unit after termination, or the rental agreement ends. If the tenant stays after being served the notice to vacate, then the landlord can file an eviction action at the city’s court where the property is located.

To terminate a month-to-month rental agreement, landlords have to give a full 30-days notice to the tenant. The 30 days starts on the next rent due date and then runs through the rent period.

A landlord can also give a 30-day written notice if a tenant has violated a part of the Ohio Landlord-Tenant Law that materially affects people’s health and safety, and the notice has to specify the violation and specify the agreement will terminate in 30 days if not remedied. But a tenant has the right to correct the problem within the 30 days and not be evicted, which also must be clearly stated in the notice.

OHIO

Landlords can evict tenants if they fail to pay their rent on time, stay in the rental after termination, or the rental agreement ends.


40

j For laws regarding landlord-tenant relationships and evictions, landlords should review Title 41 of the Oklahoma Statutes.

A 30-day written notice is required before a month-to-month contract or a tenancy at will of three months or less can be terminated, while year-to-year-tenancies require a landlord to give the tenant a written notice at least three months in advance prior to the year’s expiration.

Failing to pay rent or comply with the rental agreement are two grounds for tenancy termination and eviction. When a tenant fails to pay rent, the landlord can terminate the rental agreement after giving a five-day written notice for demand of payment if the tenant doesn’t pay within the five days. After giving this notice, no further notice to quit is needed for possession. A tenant who fails to comply with their rental agreement can be served a 10-day written notice that specifies the breach and requires the tenant to remedy the problem or the lease will terminate.

A notice to quit isn’t necessary when the termination of tenancy is listed in the contract, when the tenant at will commits waste, a tenant by sufferance, or any situation where the relation of the landlord and tenant doesn’t exist (i.e. tenants are living in the building that are not on the lease).

A notice to terminate tenancy can be served directly to the tenant or delivered to a person on the premises who’s 12 years or older if the tenant can’t be found. If neither of those can happen, the notice can be posted to a conspicuous place on the premises or mailed to the tenant at their last known address by registered mail.

OKLAHOMA

A notice to quit is not necessary when the termination of tenancy is listed in the contract.


41

k Chapter 90 of the Oregon Revised Statutes has the need-to-know details about eviction and eviction notices for residential landlords and tenants.

Giving a tenant a written notice that follows state statutes and the rental agreement must happen before a landlord can file a complaint with the court. The types of notices and time-frame for each in Oregon are as follows:

• 24-hour notice for personal injury, substantial property damage, outrageous act, unauthorized occupant or committed a criminal act

• 24 or 48-hour notice for drug or alcohol program violation

• 72-hour notice for non-payment of rent

• Seven-day notice for week-to-week tenancies with cause

• 10-day notice for week-to-week tenancies without cause or pet violation

• 10 or 20-day notice for repeat violation

• 30 or 60-day notice for month-to-month tenancies without a stated cause

• 30-day notice for month-to-month tenancies with a stated cause

• 180-day notice for month-to-month tenancies without a stated cause.

Service of notices can be either personally delivered to the tenant, mailed via first class mail or attached to a part of the property. If the notice is mailed, the termination of tenancy or chance to comply has to be extended by three days.

Once a notice to vacate the property by a specified date has been given but the tenant remains, a landlord can begin the eviction process by filing a residential eviction complaint or residential eviction summons with the county clerk in the circuit court of where the property is located.

OREGON

Once a notice to vacate has been given, a landlord can begin the eviction process by filing an eviction complaint with the county clerk.


42

lThe proper eviction procedure in the state of Pennsylvania begins with the landlord giving the tenant a written eviction notice. This notice to quit must contain the reason for eviction and the date the landlord wishes the tenant to leave the premises.

The written rental agreement or lease may state how many days notice the landlord has to give the tenant. If it doesn’t, the general rules of Pennsylvania are:

• 10-day notice for failure to pay rent

• 15-day notice for the expiration of a term or breach of lease conditions where the lease is one year or less, and a 30-day notice when the lease is longer than one year

• 30-day notice.

Landlords have to specify in the 10-day notice that tenants have 10 days to pay the rent due to stay on the premises.

Mobile home parks have different rules in Pennsylvania. When a lease expires or a tenant breaches the lease and the lease is less than one year or an indeterminate time, the notice must give the tenant 30 days to leave and three months from the service date for leases of one year or longer. When a tenant doesn’t pay rent on demand, then the tenant is given a 15-day notice between April 1st and before September 1st, but is given a 30-day notice when it’s given between September 1st and before April 1st.

Eviction notices should be hand delivered to the tenant or posted to their place of dwelling.

PENNSYLVANIA

A notice to quit must contain the reason for eviction and the date the landlord wishes the tenant to leave the premises.


43

mIn the Rhode Island Landlord-Tenant Handbook, it states that landlords can terminate week-to-week tenancies by sending a written notice by first-class mail to the tenant. The notice has to be postmarked a minimum of 10 days before the given termination date. Month-to-month tenancies and any periodic tenancies that are more than one month and less than a year can be given a 30-day notice, also delivered by first class mail. Year-to-year tenancies follow the above-mentioned delivery service but have to be postmarked three months before the end of the year’s term.

Tenants who fail to pay rent within the 15 days after it’s normally due, the landlord can send a written demand notice stating the rent is due within five days of the mailed notice or the rental agreement will be terminated and the landlord will go to court to evict said tenant, filing a complaint for eviction for nonpayment of rent.

In the case of breach the rental agreement, a landlord can send a written notice clearly stating the problem and what the tenant can do to fix the problem, as well as specify that the tenant has 20 days from the date the notice was mailed to remedy the situation or the landlord will file a complaint for eviction for reason other than nonpayment of rent. If the same breach happens within six months of the first notice sent, then the landlord can end the rental agreement with a 20-day written notice that tells the breach and the termination breach. In the latter case, no chance for remedying the breach is allowed.

If a tenant stays in the rental unit after the term is over and without the landlord’s consent, after the landlord has given legal notice of the termination date or because of a breach due to drugs or violence, then the landlord can begin an eviction action. After filing a complaint for eviction for reason other than nonpayment of rent, the tenant has 20 days to answer and then a hearing will be held.

RHODE ISLAND

After filing a complaint for eviction for reasons other than nonpayment of rent, the tenant has 20 days to answer and then a hearing will be held.


44

nThe South Carolina Code of Laws reviews the grounds for evicting a tenant as well as the proper way to serve notices to tenants.

A tenant can be ejected when he or she refuses to pay rent when it’s due or when a landlord demands payment, the term of tenancy or occupancy ends or when the lease terms or conditions are violated. Five-day eviction notices are given to tenants who don’t pay their rent and state the tenant has five days to pay the rent or be evicted, but a notice doesn’t have to be given if the five-day rule is in the lease or a five-day notice has been given before during the same lease term. A 14-day notice is served for a lease violation and must state the tenant has 14 days to fix the problem or be evicted.

Proper service of a written notice is followed when a notice is delivered in person or affixing it to a part of the premises and mailing a copy in the presence of the clerk of the magistrates court.

SOUTH CAROLINA

A tenant can be evicted when they refuse to pay rent, when the lease is up, or if lease terms are violated.


45

o In South Dakota, most leases state the term of tenancy and amount of time required for notice to terminate or renew the lease. If the written lease does not give a set time, then advanced notice has to be given at least one full rental period before the tenant’s last tenancy day. The same is true for month-to-month tenancies, so a 30-days notice should be given.

To lawfully evict a tenant in South Dakota, a landlord has to obtain a court order by the magistrate judge or circuit court, called a forcible entry and detainer action. Once the landlord gives a three-day notice, a court order can be obtained to evict a tenant if he or she:

• Enters or takes over possession of the property by force or through intimidation, fraud or violence

• Remains on the property once the rental agreement ends

• Substantially damages the property

• Does or fails to do something that equals cancellation.

If the tenant doesn’t remove himself or herself from the property after the three days, then the lawsuit is filed and the tenant is served a summons and complaint.

SOUTH DAKOTA

To lawfully evict a tenant, a landlord must obtain a court order by the magistrate judge or circuit court.


46

p The Uniform Residential Landlord and Tenant Act applies only to counties with at least 68,000 people. Other county rules are based on local or common law. Either way, a landlord can’t evict a tenant without proper notice, and the landlord has to go to court before actually evicting someone.

A three-day notice to vacate is served to a tenant who did something dangerous or threatening or damages the property. A 30-day notice is given when a tenant doesn’t pay rent or violated the lease agreement. Although landlords must give a 30-day notice, a tenant who doesn’t pay rent only has 14 days to pay the owed rent. If a breach occurs that materially affects the health and safety of others can be just 14 days, and the 14 days remains if the same breach is committed by the same tenant within six months after being given the first notice.

Rental properties in counties not covered by URLTA only requires a 14-day notice for non-payment of rent, extensive property damage or health and safety violations. Any other breach requires a 30-day notice.

All Tennessee eviction notices should contain the date, tenant’s name, rent due or breach, how the tenant can fix the problem (pay rent or other breach), notice of days to fix the problem or be evicted and the landlord’s signature.

Notices should be personally served or posted to the tenant’s dwelling door since Tennessee law requires giving a written notice.

Once a notice is served to the tenant and no remedy action is taken or the tenant remains after the allotted time, then the landlord can file a forcible entry and detainer action, also called a detainer summons form.

TENNESSEE

Written notices to vacate should be personally served or posted to the tenant’s dwelling door.


47

q Texas landlords cannot evict you without cause, but they can legally evict tenants who fail to pay rent on time, threaten the safety of the landlord or damage the property on purpose.

A landlord must deliver a written notice to vacate. These notices can be hand delivered to the tenant or person on the premises who is 16 years or older, putting it in the mailbox or attaching it to the property’s door. It can also be mailed by regular, registered or certified mail.

In most cases, a three-day notice to vacate is the standard, unless otherwise stated in the rental agreement. A written three-day notice must be given to tenants who hold over past the rental term, if the tenant is one at will or by sufferance or the tenant is someone who acquired the possession by forcible entry.

If there isn’t a lease, then the time-frame is also three days.

TEXAS

A landlord must personally deliver a written notice to vacate.


48

r Laws and regulations around tenant evictions in Utah are found in Title 78B, Chapter 6, Sections 801-816 in the Utah Code.

A Utah landlord can only start the eviction process by first serving their tenant with a notice to vacate the property. Tenants who remain on the property after receiving the notice and failing to comply with its requests are in unlawful detainer.

The notice has to be written and follow the statutory requirements in order to be lawful. Utah notices are either given with three, five or 15 days notice to vacate:

• Three-day notice to pay rent—The tenant has failed to pay rent and must pay it in three calendar days or move out by the third day.

• Three-day notice to comply with the rental agreement—If a tenant violates their rental agreement, this notice tells them they have three calendar days to comply with it or move out.

• Three-day notice to vacate for assigning or subletting—When a tenant lets someone live on the premises against the rental contract then this notice states they have three calendar day to move out. There’s no time for correction.

• Three-day notice to vacate for criminal actions—Tenants who commit a criminal act that doesn’t rise to the level of criminal nuisance is given this notice and has no other option but to leave the premises within three calendar days.

• Three-day notice to vacate for committing waste—This notice is served when a tenant damages the landlord’s property and gives them three calendar days to move out.

• Three-day notice to vacate for unlawful business—A tenant who engaged in unlawful business on the landlord’s property is given this notice and has to leave the premises within three calendar days.

• Three-day notice to vacate for lease violation that can’t be fixed—When a tenant violates a part of the lease and it can’t be brought into compliance then they’re given this notice stating they have three calendar days to move out.

• Three-day notice to vacate for nuisance—This notice is given when a tenant creates a non-criminal nuisance, i.e. having loud parties, gambling, smoking or other acts that disturb other tenants. A criminal nuisance notice should be given if someone commits a felony, threatens violence or

UTAH

Utah landlords can only start the eviction process by first serving their tenant with a notice to vacate the property.


49

commits another criminal act that interferes with other tenant’s normal life and enjoyment.

• Five-day notice to vacate a tenant at will—This type of notice is used when there’s no written or oral rental agreement and gives tenants who refuse to leave after the rental agreement has expired or a new owner has purchased the property and chooses to evict the tenant. It gives the tenant no other options but to leave within five calendar days.

• 15-day notice to vacate—A 15-day written notice is given to tenants to move out when the tenant is on a month-to-month tenancy. No reason is needed for this notice.

A notice can be legally served through personal delivery, sending a copy through registered or certified mail, leaving a copy with someone on the premises of suitable age or affixing a copy to the leased property.

After proper delivery of a notice to vacate and the notice time has expired, the next step for landlords is to file the unlawful detainer lawsuit.


50

t In Vermont, a tenant can be legally evicted any time of the year so long as the tenant has been given the proper notice and legal process. The eviction notice, a.k.a. a notice to vacate or quit, has to be written, state the reason for eviction and termination date and be given the appropriate time in advance.

Landlords can terminate a tenancy for non-payment of rent with a written 14-day notice anytime after the tenant falls behind in rent. Payment of the total amount due within the 14 days prevents the agreement from being terminated.

In the case of breaching the rental agreement, a landlord can give a 30-day notice when a tenant fails to comply materially with the agreement. Termination based on criminal activity, violent acts or illegal drug activity requires a 14-day notice.

A termination without cause behind it is also allowed when landlords give month-to-month tenancies a 60-day notice for tenants who have continually resided on the same premises for two years or less and a 90-day notice to those who have for more than two years. If rent is paid on a weekly basis, then a 21-day notice must be given.

When there’s no rental agreement and the property is sold, a 30-day written notice is required.

Tenants remaining on the property after noncompliance with the notice or after the date to vacate can be sued by the landlord and will be given a summons and complaint.

VERMONT

Eviction notices must be written, state the reason for eviction, termination date, and be given in advance.


51

s Everything landlords need to know about evictions can be found in the Virginia Residential Landlord and Tenant Act.

The basic steps of the eviction process in Virginia are:

• A violation of the rental agreement happens, i.e. failure to pay rent, physically destructing the property, etc.

• A written notice is given to the tenant clearly stating the act or omission of the violation and that the rental agreement will terminate as stated in the notice.

• Landlords seeks possession of their rental unit by filing a request with the general district court to issue a summons for unlawful detainer.

Correctable violations are when a tenant can pay for the damages or make the repairs. When the correction is made in the given time-frame, the tenancy can’t be terminated. The tenant is usually given a 30-day notice with 21 days within that time to make the necessary corrections.

A 30-day notice is given when violations can’t be corrected or they’ve happened before. These notices can drop to 15 days when a tenant commits a criminal act or a willful one that isn’t remediable and threatens the health and safety of other tenants.

When a tenant fails to pay their rent, a five-day pay or quit notice is served. If the rent is paid within that five days then the landlord can terminate the rental agreement and seek possession of the rental unit.

The notice must either be hand-delivered or mailed to the tenant by the landlord or their agent.

VIRGINIA

An eviction notice must either be hand-delivered or mailed to the tenant by the landlord or their agent.


52

uChapter 59 of the Residential Landlord-Tenant Act is what all Washington landlords should review to fully understand the state eviction process they must follow. It lays out that a landlord has to properly serve an eviction notice and the tenant fails to comply with, pay or vacate the property in the specified time-frame before beginning the court process and serving an unlawful detainer eviction lawsuit.

Washington state has several legal reasons for eviction:

• Nonpayment of rent

• Violation of tenancy obligation

• Performing an illegal act

• The landlord wishes to personally occupy the rental unit, renovate it, demolish it, rehabilitate it, convert to a condominium or discontinue it for housing and occupancy.

There are four common types of eviction notices in Washington. The first is a three-day notice to pay rent or vacate and is used for non-payment of rent and must say the tenant has three days to pay the amount owed or leave the premises. A 10-day written notice to comply or vacate is given when a tenant has violated rental agreement provisions and states they have 10 days to fix the problem, i.e. get rid of an unauthorized pet, or the landlord can sue for eviction. A three-day notice to vacate, with no chance to remedy the problem, is served when a tenant creates some kind of waste or nuisance, i.e. damages the rental property or takes part in illegal drug selling on the property. Landlords can also choose simply not to renew a lease and must give tenants a 20-day notice, a “no cause” notice, to terminate the tenancy before the end of their lease.

A landlord must first try to serve the tenant the eviction notice in person. If the tenant isn’t home, they can leave it with someone at the property of a suitable age and then mail a copy or post a copy to the property’s door and mail a copy.

WASHINGTON

A landlord must first try to serve a tenant an eviction notice in person.


53

w In West Virginia, landlords have to provide proper written notice of eviction to tenants unless the tenant hasn’t paid their rent on time or violated another term of their rental agreement. In either of these two cases, the landlord can go right to the court and file an action to evict without legally having to give advanced written notice. Landlords can ask a tenant to leave though and do so in writing, person or by phone and can specify any date for eviction when a tenant has violated a term in their rental agreement.

A notice to terminate the tenancy for year-to-year tenancies has to be served at least three months before the end of the year. A periodic tenancy of less than one year should be given a notice of at least one full period before the end of the period, i.e. seven days for week-to-week tenancies. This notice has to be served to the tenant personally or attached to the leased property.

WEST VIRGINIA

Landlords must provide a written eviction notice unless the tenant hasn’t paid their rent or violated the terms of their rental agreement.


54

v Wisconsin eviction laws are found in the Wisconsin Statutes and Annotations, specifically in Chapter 704-Landlord and Tenant.

For month-to-month and week-to-week tenants who fail to pay their rent when it’s due, the tenancy can be terminated when the landlord gives a five-day notice. This notice must state the tenant is required to pay the rent or vacate on or before the five days after the notice was given. This notice is also good for a year-to-year tenancy.

A five-day notice is also given to month-to-month, less than one year or year-to-year tenants who commit waste or a material violation or breach any part of the tenant’s rental agreement. The landlord can terminate the tenancy if the tenant fails to comply with the notice that states they must correct the breach or vacate the property by a certain date (five days). If the same tenant commits the same breach within one year of receiving the first notice, a 14-day notice for termination is given.

A five-day notice can also be given by the landlord when a law enforcement agency gives a written notice of a month-to-month or week-to-week tenant is being a nuisance at the rental property. The notice must state the tenant has five days to vacate, state the reason for the issuance and list the tenant’s right to contest the termination in an eviction action. The same notice is used with year-to-year, less than one year and more than one year tenancies.

A 30-day notice has to be given to tenants with leases for more than one year if they fail to pay rent, commit waste or breaches a part of their lease. The tenancy can be terminated if rent isn’t paid or remedies aren’t made to correct waste and breaches within the 30-day time-frame.

In terms of criminal activity, a five-day written notice to vacate must be given stating the basis of the issuance, the date the activity happened, who participated, advise the tenant they can seek legal counsel and that they can contest the allegations in court.

Notices in Wisconsin have to be in writing and given directly to the tenant, left at their place of residence with someone who is 14 years or older and mailed to the tenant, posted to the property and mailed or mailed a copy through registered or certified mail to the tenant’s last known address.

WISCONSIN

A 30-day notice has to be given to tenants with a year lease if they failt o pay rent, commit waste, or breach their contract.


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x Wyoming landlords have to give a notice to quit form if they want a tenant to move out because their tenancy has ended or for some other reason. Evictions are made when rent isn’t paid on time or other reasons listed in a rental agreement or lease.

A common reason is failure to pay rent. When a tenant is three days late paying rent, the landlord can give the tenant a written notice to vacate the property on the fourth day. Three days after the notice has been delivered, the landlord can go to circuit court and have the tenant evicted. A tenant’s lease isn’t automatically terminated but gives the landlord the legal right to go to court once the rent is seven days past due.

If reasons aren’t specified in a signed lease, a landlord can evict tenants for various other reasons besides non-payment of rent, including not maintaining the rental unit, for having more people living on the premises without the landlord’s permission, damaging the property, disturbing other tenants peaceful enjoyment of the property, etc.

A notice to quit should be written and include the date served, the tenant’s name, the property address, reason for the notice, state the time-frame to comply or move out or the landlord can begin eviction proceedings and the landlord’s signature.

When serving a notice to quit in Wyoming, a landlord can either personally serve the tenant the notice, have an agent serve the tenant or leave it at the rental unit, i.e. taping it to the front door.

WYOMING

When a tenant is three days late paying rent, a landlord can give the tenant a written notice to vacate on the fourth day.

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