{ "name": "Eviction notice periods for nonpayment of rent by US state \u2014 how long a landlord must wait, quoted from the state statute", "description": "Before a landlord can file an eviction for nonpayment of rent, nearly every state requires a written demand or notice and a waiting period \u2014 three days in California, Florida and Texas, five in Illinois and Arizona, ten in Pennsylvania, fourteen in Washington, Virginia and Massachusetts. The periods are not comparable on their face: California and Florida exclude weekends and holidays, Texas sets a floor a lease may lengthen, Illinois sets a floor the notice itself must exceed, and Georgia counts business days. Georgia is also the state most reference charts still get wrong \u2014 it long had no statutory waiting period for nonpayment at all, and the Safe at Home Act (HB 404) added a three-business-day notice to vacate or pay for residential leases entered into or renewed on or after July 1, 2024; FindLaw's own mirror of O.C.G.A. 44-7-50 was still serving the pre-amendment text when this was built, so Georgia here is quoted from the signed bill. Each record is one state, scoped to the nonpayment-of-rent ground only (lease violation, no-cause and holdover run on different clocks and are out of scope), with the notice period exactly as the statute states it, whether the tenant can stop the eviction by paying within that window, and the statute citation \u2014 each backed by a verbatim quote from the state's own statute or its official session-law text. Ten states so far, chosen because the legislature or code revisor serves the section as readable text; more are added as they are confirmed reachable. Answers 'how many days notice before eviction for nonpayment in [state]' and 'can I still pay and stop the eviction'.", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/", "licence": "unknown", "last_verified": "2026-09-02", "stale_after": "2027-09-02", "sources": [ "https://www.azleg.gov/ars/33/01368.htm", "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1161.&lawCode=CCP", "https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html", "https://gov.georgia.gov/document/2024-signed-legislation/hb-404/download", "https://www.ilga.gov/legislation/ilcs/documents/073500050K9-209.htm", "https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section12", "https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1951/0/0020..HTM", "https://codes.findlaw.com/tx/property-code/prop-sect-24-005/", "https://law.lis.virginia.gov/vacode/title55.1/chapter13/section55.1-1245/", "https://app.leg.wa.gov/rcw/default.aspx?cite=59.12.030" ], "records": [ { "jurisdiction": "Arizona", "notice_period": "five days after written notice by the landlord of nonpayment", "notice_days": "5", "right_to_cure": "Yes, and it survives the deadline. \u201cBefore the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement.\u201d After filing, reinstatement also requires attorney fees and court costs.", "statute_citation": "A.R.S. \u00a7 33-1368(B)", "id": "arizona", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/arizona/", "source": "https://www.azleg.gov/ars/33/01368.htm", "source_quote": "If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement.", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] }, { "jurisdiction": "California", "notice_period": "three days\u2019 notice, excluding Saturdays and Sundays and other judicial holidays", "notice_days": "3", "right_to_cure": "Yes. The three-day notice must require \u201cits payment \u2026 or possession of the property\u201d, so paying the amount stated within the three days ends the default and no unlawful detainer arises.", "statute_citation": "Cal. Code Civ. Proc. \u00a7 1161(2)", "id": "california", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/california/", "source": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1161.&lawCode=CCP", "source_quote": "after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days\u2019 notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] }, { "jurisdiction": "Florida", "notice_period": "3 days, excluding Saturday, Sunday, and legal holidays", "notice_days": "3", "right_to_cure": "Yes. The written demand is for \u201cpayment of the rent or possession of the premises\u201d, so the tenant who pays within the 3 days keeps the tenancy.", "statute_citation": "Fla. Stat. \u00a7 83.56(3)", "id": "florida", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/florida/", "source": "https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html", "source_quote": "If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] }, { "jurisdiction": "Georgia", "notice_period": "three-day notice to vacate or pay", "notice_days": "3", "right_to_cure": "Yes, since the Safe at Home Act. For residential leases entered into or renewed on or after July 1, 2024, O.C.G.A. \u00a7 44-7-50(c) lets the tenant stop the dispossessory by paying all past due rent, late fees, utilities and other charges owed within three business days of the notice. Under the older \u00a7 44-7-50(a) route, which still governs leases predating that date, the statute sets no waiting period at all \u2014 the owner demands possession and, on refusal, may go to court immediately.", "statute_citation": "O.C.G.A. \u00a7 44-7-50(c)-(d), as enacted by Ga. L. 2024, HB 404 (Safe at Home Act)", "id": "georgia", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/georgia/", "source": "https://gov.georgia.gov/document/2024-signed-legislation/hb-404/download", "source_quote": "(c) In all cases when a tenant fails to pay the rent, late fees, utilities, or other charges owed 51 to the landlord when it becomes due, if the tenant refuses to pay the amount due or fails to 52 deliver possession when so demanded after being provided with a notice to vacate or pay 53 all past due rent, late fees, utilities, and other charges owed to the landlord within three 54 business days, the owner or the agent, attorney at law, or attorney in fact of such owner 55 may immediately go before the judge of the superior court, the judge of the state court, or 56 the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any 57 other court with jurisdiction over the subject matter, or a magistrate in the district where 58 the land lies and make an affidavit under oath to the facts. Such affidavit may likewise be 59 made before a notary public. 60 (d) The demand for possession notice under subsection (a) of this Code section or the 61 three-day notice to vacate or pay under subsection (c) of this Code section shall be posted", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] }, { "jurisdiction": "Illinois", "notice_period": "not less than 5 days after service thereof", "notice_days": "5", "right_to_cure": "Yes, but only payment in full. The notice must state that \u201cOnly FULL PAYMENT of the rent demanded in this notice will waive the landlord's right to terminate the lease under this notice, unless the landlord agrees in writing to continue the lease in exchange for receiving partial payment.\u201d", "statute_citation": "735 ILCS 5/9-209", "id": "illinois", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/illinois/", "source": "https://www.ilga.gov/legislation/ilcs/documents/073500050K9-209.htm", "source_quote": "A landlord or his or her agent may, any time after rent is due, demand payment thereof and notify the tenant, in writing, that unless payment is made within a time mentioned in such notice, not less than 5 days after service thereof, the lease will be terminated.", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] }, { "jurisdiction": "Massachusetts", "notice_period": "fourteen days' notice to quit", "notice_days": "14", "right_to_cure": "Yes, but only once a year. A tenant at will who has not had a similar notice in the preceding twelve months keeps the tenancy by paying or tendering the full amount of rent due within ten days after receiving the notice.", "statute_citation": "Mass. Gen. Laws ch. 186, \u00a7 12", "id": "massachusetts", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/massachusetts/", "source": "https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section12", "source_quote": "In case of neglect or refusal to pay the rent due from a tenant at will, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the tenancy; provided, that the tenancy of a tenant who has not received a similar notice from the landlord within the twelve months next preceding the receipt of such notice shall not be determined if the tenant, within ten days after the receipt thereof, pays or tenders to the landlord, the landlord's attorney, or the person to whom the tenant customarily pays rent, the full amount of any rent due.", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] }, { "jurisdiction": "Pennsylvania", "notice_period": "within ten days from the date of the service thereof", "notice_days": "10", "right_to_cure": "Not in the notice section. Section 503(c) of the same act lets the tenant, \u201cat any time before any writ of possession is actually executed \u2026 in any case for the recovery of possession solely because of failure to pay rent due\u201d, stop the eviction by paying the rent in arrears and the costs.", "statute_citation": "68 P.S. \u00a7 250.501(b) (Landlord and Tenant Act of 1951, \u00a7 501(b))", "id": "pennsylvania", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/pennsylvania/", "source": "https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1951/0/0020..HTM", "source_quote": "In case of failure of the tenant, upon demand, to satisfy any rent reserved and due, the notice shall specify that the tenant shall remove within ten days from the date of the service thereof.", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] }, { "jurisdiction": "Texas", "notice_period": "at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement", "notice_days": "3", "right_to_cure": "Only through the form of the notice. Where possession is terminated solely for nonpayment and the tenant was not late before that month, the notice \u201cshall be given in the form of a notice to pay rent or vacate\u201d; \u00a7 24.005 states no separate right to reinstate the lease by paying.", "statute_citation": "Tex. Prop. Code \u00a7 24.005(a)", "id": "texas", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/texas/", "source": "https://codes.findlaw.com/tx/property-code/prop-sect-24-005/", "source_quote": "If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] }, { "jurisdiction": "Virginia", "notice_period": "14 days after written notice is served", "notice_days": "14", "right_to_cure": "Yes. The landlord may terminate only if the tenant \u201cfails to pay rent within 14 days after written notice is served\u201d, so payment inside the 14-day period preserves the rental agreement.", "statute_citation": "Va. Code \u00a7 55.1-1245(F)", "id": "virginia", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/virginia/", "source": "https://law.lis.virginia.gov/vacode/title55.1/chapter13/section55.1-1245/", "source_quote": "If rent is unpaid when due, and the tenant fails to pay rent within 14 days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the 14-day period, the landlord may terminate the rental agreement", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] }, { "jurisdiction": "Washington", "notice_period": "14 days after service for tenancies under chapter 59.18 RCW", "notice_days": "14", "right_to_cure": "Yes. The notice requires \u201cin the alternative the payment of the rent or the surrender of the detained premises\u201d, so paying within the notice period leaves it complied with and no unlawful detainer arises.", "statute_citation": "RCW 59.12.030(3)", "id": "washington", "url": "https://referencesource.org/eviction-notice-periods-for-nonpayment-by-state/washington/", "source": "https://app.leg.wa.gov/rcw/default.aspx?cite=59.12.030", "source_quote": "When he or she continues in possession in person or by subtenant after a default in the payment of rent, and after notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises, served (in manner in RCW 59.12.040 provided) on behalf of the person entitled to the rent upon the person owing it, has remained uncomplied with for the period of three days after service, or for the period of 14 days after service for tenancies under chapter 59.18 RCW.", "verified_fields": [ "notice_period" ], "derived_fields": [ "jurisdiction", "notice_days", "right_to_cure", "statute_citation" ] } ] }