An eviction is a court case. In every state, a landlord who wants a tenant out must win a judgment and then have a sheriff, marshal or constable carry it out. Changing the locks, removing belongings or shutting off utilities to force a tenant out is illegal self-help almost everywhere.
Most evictions are for unpaid rent, and the first step is a written notice that gives the tenant a chance to pay or move before the landlord can file. That notice period is the number in the table below. It ranges from none at all in 4 jurisdictions to 14 days, and the single most common figure is 3 days. Some states count business days instead of calendar days, and some extend the period for certain housing.
After the notice runs out, the timeline depends on the court calendar, how the tenant is served, and whether the tenant files an answer, so we do not list court durations. The step outline below shows the stages that apply in nearly every state. A tenant who receives court papers should respond by the deadline on the summons, because missing it usually means losing by default.
Key patterns across the states
- 16 of 51 jurisdictions require a 3-day notice before filing for unpaid rent; 27 require 5 days or less.
- 6 jurisdictions require 14 days, the longest notice in our data.
- 4 jurisdictions require no pre-filing notice period for nonpayment: Missouri, New Jersey, South Dakota and West Virginia.
- Not yet verified, so left out of these counts: nonpayment notice: 1.
Notice before an eviction filing for unpaid rent, by state
| State | Notice before filing for nonpayment | Rule | Statute |
|---|---|---|---|
| Alabama | 7 days | Written notice stating the rent and late fees owed and that the lease ends on a date at least 7 business days after receipt; if unpaid by then, the lease terminates. | Ala. Code § 35-9A-421(b) |
| Alaska | 7 days | Written notice giving 7 days to pay rent in full or the tenancy terminates; only one notice is needed per default, and a partial payment may extend the date. | AS 34.03.220(b) |
| Arizona | 5 days | Written notice giving 5 calendar days to pay; after that the landlord may file a special detainer action. Paying all past-due rent plus a reasonable written late fee before filing reinstates the lease. | A.R.S. § 33-1368(B), (G) |
| Arkansas | 3 days | Unlawful detainer requires a 3-day written notice to vacate before filing. The tenant then has 5 days (excluding Sundays and holidays) after service to file a written objection, and must pay rent into the court registry to stay in possession. | Ark. Code Ann. §§ 18-60-304, 18-60-307 (as amended by Act 1052 of 2021); see also § 18-17-701(b) |
| California | 3 days | 3-day notice to pay rent or quit, not counting Saturdays, Sundays or judicial holidays, stating the amount due and where to pay. | Cal. Code Civ. Proc. § 1161(2) |
| Colorado | 10 days | 10 days' written notice demanding rent or possession before filing (5 days for exempt residential agreements, 3 for nonresidential/employer-provided housing). The notice cannot be waived in the lease. | C.R.S. § 13-40-104(1)(d) |
| Connecticut | 3 days | After rent stays unpaid through the 9-day grace period, the landlord may serve a notice to quit giving at least 3 days before the quit date; the summary process case can be filed after that. | Conn. Gen. Stat. §§ 47a-15a(a), 47a-23(a) |
| Delaware | 7 days | After the late-fee grace period has passed, the landlord may serve a written demand giving at least 7 days to pay before filing for summary possession. Paying all rent due before filing bars the case. | 25 Del. C. § 5502(a), (c) |
| District of Columbia | 10 days | Written notice of intent to file for nonpayment at least 10 days before filing, only if at least $600 is owed, with a ledger, by certified mail and hand delivery or posting. | D.C. Code § 42-3505.01(a-1) |
| Florida | 3 days | 3 days' written demand for rent, excluding Saturdays, Sundays and legal holidays, before the landlord may terminate and file. | Fla. Stat. § 83.56(3) |
| Georgia | 3 days | Before filing a dispossessory for unpaid rent, late fees, utilities or other charges, the landlord must give a notice to vacate or pay within three business days, posted in a sealed envelope on the door plus any lease-agreed method. | O.C.G.A. § 44-7-50(c)-(d) |
| Hawaii | 10 days | 10 calendar days' written notice to pay or the tenancy ends, with a copy to a state-funded mediation center; if mediation is scheduled within the 10 days, the landlord must wait 20 calendar days before filing. | Haw. Rev. Stat. § 521-68(a)-(c) (as amended by L 2025, c 278) |
| Idaho | 3 days | 3 days' written notice demanding the rent due (stating the amount) or possession before filing for unlawful detainer; the notice must also state the 72-hour belongings rule, and must mention attorney fees for fees to be awarded. | Idaho Code §§ 6-303(2), 6-324 |
| Illinois | 5 days | Landlord must serve a written demand giving at least 5 days to pay before ending the lease and filing; the notice must state that only full payment waives termination unless the landlord agrees in writing. | 735 ILCS 5/9-209 |
| Indiana | 10 days | Landlord may terminate for unpaid rent with at least 10 days' notice unless the parties agreed otherwise or the tenant pays in full before the notice expires. | IC 32-31-1-6; form at IC 32-31-1-7 |
| Iowa | 3 days | If rent is unpaid, the landlord must give written notice of nonpayment and intent to terminate; if the tenant does not pay within 3 days, the landlord may terminate. | Iowa Code § 562A.27(2) |
| Kansas | 3 days | Landlord may terminate if rent is not paid within three days (three consecutive 24-hour periods) after written notice; add two days if the notice is mailed. | K.S.A. 58-2564(b) |
| Kentucky | 7 days | In URLTA localities, the landlord may terminate if rent is not paid within 7 days after written notice of nonpayment and intent to terminate. | KRS 383.660(2) |
| Louisiana | 5 days | Before filing for eviction (including for nonpayment), the lessor must deliver a written notice to vacate giving at least 5 days. A lease may waive this notice in writing, allowing immediate filing. | La. Code Civ. Proc. art. 4701 |
| Maine | 7 days | When rent is 7 or more days in arrears, the landlord may serve a 7-day written notice; paying in full before it expires voids the notice. | 14 M.R.S. § 6002(1)(C) |
| Maryland | 10 days | Before filing for failure to pay rent, the landlord must give a written notice of intent to file (on a Judiciary form) giving the tenant 10 days to cure. | Md. Code, Real Prop. § 8-401(c) |
| Massachusetts | 14 days | Fourteen days' written notice to quit for nonpayment of rent. | Mass. Gen. Laws ch. 186, §§ 11, 12 |
| Michigan | 7 days | The landlord may begin summary proceedings if rent is not paid within 7 days after service of a written demand for possession. | MCL 600.5714(1)(a) |
| Minnesota | 14 days | Before filing for nonpayment, the landlord must give a written notice itemizing the amount due; the tenant has 14 days to pay or move out. Some cities require longer. | Minn. Stat. § 504B.321, subd. 1a |
| Mississippi | 3 days | For nonpayment, the landlord may give written notice (or email/text if the tenant agreed in writing) that the rental agreement will end if rent is not paid within 3 days. | Miss. Code Ann. § 89-8-13(5)(a) |
| Missouri | No pre-filing notice period | No waiting period. Once rent is due and the landlord has demanded payment, the landlord may file a rent-and-possession action. | Mo. Rev. Stat. § 535.020 |
| Montana | 3 days | If rent is unpaid when due, the landlord may terminate if the tenant does not pay within 3 days after written notice. | Mont. Code Ann. § 70-24-422(2) |
| Nebraska | 7 days | If rent is unpaid when due, the landlord may terminate if the tenant does not pay within 7 calendar days after written notice of nonpayment. | Neb. Rev. Stat. § 76-1431(2) |
| Nevada | 7 days | Pay-or-quit notice giving until close of business on the 7th judicial day after service (weekly tenancies under 45 days may use a shorter 4-day notice). | NRS 40.253(1) |
| New Hampshire | 7 days | Seven days' written notice to quit for nonpayment of rent after demand; the notice must tell the tenant of the right to avoid eviction by paying arrears and costs. | N.H. Rev. Stat. §§ 540:2, II(a), 540:3, II, IV |
| New Jersey | No pre-filing notice period | No notice is required before filing an eviction for nonpayment, except in federally subsidized housing, where a 14-day notice is required. | N.J.S.A. 2A:18-61.1(a), 2A:18-61.2 |
| New Mexico | 3 days | If rent is unpaid when due, the owner may terminate if the resident does not pay within 3 days after written notice; full payment before the notice expires cures. | N.M. Stat. Ann. § 47-8-33(D) |
| New York | 14 days | A landlord cannot file a nonpayment case without first giving a 14-day written rent demand. | N.Y. Real Prop. Actions & Proc. Law § 711(2) |
| North Carolina | 10 days | A lease is forfeited if rent is not paid within 10 days after the landlord demands all past-due rent. | N.C. Gen. Stat. § 42-3 |
| North Dakota | 3 days | Eviction is available when rent is unpaid 3 days after it is due, and a 3-day written notice of intention to evict must be given before filing. | N.D. Cent. Code §§ 47-32-01(4), 47-32-02 |
| Ohio | 3 days | Landlord must serve a written notice to leave the premises at least three days before filing a forcible entry and detainer action, with the statutory warning language. | Ohio Rev. Code § 1923.04(A) |
| Oklahoma | 5 days | Landlord may terminate for nonpayment if rent is not paid within 5 days after written demand. The demand may be served before or after the landlord files suit, and serves as the notice to quit. | 41 O.S. § 131(B) |
| Oregon | 10 days | Month-to-month and longer: at least 10 days' written notice served no sooner than the 8th day of the rental period, or 13 days' notice served no sooner than the 5th day (72 hours for week-to-week). A rental-assistance notice must accompany it. | ORS 90.394(2); ORS 90.395 |
| Pennsylvania | 10 days | Notice to quit for nonpayment of rent must give 10 days (lease may waive the notice in writing). | 68 P.S. § 250.501(b) |
| Rhode Island | 5 days | Once rent is 15 days in arrears, the landlord must mail a demand notice giving 5 days to cure; the eviction may be filed no earlier than the 6th day after mailing. | R.I. Gen. Laws § 34-18-35(a)-(b) |
| South Carolina | 5 days | If rent is not paid within five days of the due date, the landlord may terminate after written notice; one notice per lease term suffices, and a conspicuous lease clause can serve as the notice. | S.C. Code § 27-40-710(B) |
| South Dakota | No pre-filing notice period | An eviction action may be brought once rent is unpaid for three days after it is due; the former notice-to-quit statute (§ 21-16-2) was repealed in 2024. | SDCL § 21-16-1(4); § 21-16-2 (repealed SL 2024, ch 75) |
| Tennessee | Not yet verified — see statute (Tenn. Code Ann. § 66-28-505(a)) | Not yet verified — see statute (Tenn. Code Ann. § 66-28-505(a)) | — |
| Texas | 3 days | At least three days' written notice to vacate before filing an eviction, unless the lease sets a shorter or longer period. A tenant not previously late must get a notice to pay rent or vacate. | Tex. Prop. Code § 24.005(a) |
| Utah | 3 days | Written notice to pay rent and other amounts due or surrender the premises; tenant is in unlawful detainer if it is not complied with within three business days after service. | Utah Code § 78B-6-802(1)(c) |
| Vermont | 14 days | Termination for nonpayment requires actual notice of a termination date at least 14 days later; the tenancy does not end if the tenant pays all rent due through the end of the rental period before then. | 9 V.S.A. § 4467(a) |
| Virginia | 14 days | If rent is unpaid, the landlord must serve written notice giving 14 days to pay before terminating and seeking possession. | Va. Code § 55.1-1245(F) |
| Washington | 14 days | A 14-day notice to pay rent or vacate, in the mandated statutory form, before filing an unlawful detainer for nonpayment. | RCW 59.18.057; RCW 59.12.030(3) |
| West Virginia | No pre-filing notice period | No pre-filing notice is required by the summary-relief statute: the landlord may petition once the tenant is in arrears, and the hearing is set 5-10 judicial days after filing. | W. Va. Code § 55-3A-1 |
| Wisconsin | 5 days | Month-to-month: a 5-day notice to pay rent or vacate (or a 14-day notice to vacate without a cure option). Leases of one year or less: 5-day pay-or-vacate, or 14 days for a repeat default within a year. | Wis. Stat. § 704.17(1p)(a), (2)(a) |
| Wyoming | 3 days | A written notice to leave the premises must be served at least three days before filing a forcible entry and detainer action. | W.S. § 1-21-1003 |
The eviction process, step by step
- Written notice. For unpaid rent, the landlord serves the notice the state requires, which usually gives the tenant time to pay the full amount or move.
- Filing. If the notice period passes without payment, the landlord files an eviction complaint (called unlawful detainer, forcible entry and detainer, or summary process, depending on the state).
- Service. The tenant must be formally served with the summons and complaint, which state the court date or the deadline to respond.
- Answer and hearing. The tenant can file an answer and raise defenses, such as improper notice, payment, retaliation or serious repair problems. A judge hears both sides.
- Judgment. If the landlord wins, the court enters a judgment for possession and often for unpaid rent. Many states allow an appeal or a short stay.
- Removal by an officer. Only a sheriff, marshal or constable acting on a court order (often called a writ of possession) can remove a tenant. The landlord cannot do it personally.
How we compiled this
We checked every rule on this page against the statute itself in November 2026, reading each state’s own code site or an official state guide such as an attorney general’s tenant handbook. A cell shows a rule only when we confirmed it against one of those primary sources. Where we could not confirm a rule, the cell says “Not yet verified” and links the statute so you can read it yourself. Simplified table entries leave out exceptions, so read the linked statute before you rely on a number.
Laws change. Legislatures amend these sections often, and cities and counties can add their own rules on top of state law. Confirm the current text of the statute, or ask a local legal aid office, before you act on a deadline.
Frequently Asked Questions
How much notice does a landlord have to give before filing an eviction for unpaid rent?
It depends on the state: from none in 4 jurisdictions up to 14 days. The most common period is 3 days, used in 16 jurisdictions.
Can my landlord lock me out or turn off my utilities?
Almost nowhere. Lockouts, removing your belongings and cutting off utilities to force you out are illegal self-help in nearly every state, and many statutes let the tenant recover damages.
What happens if I pay the rent during the notice period?
In most states a notice to pay or quit ends if you pay the full amount demanded before it expires. Get a receipt. Some states limit how often a tenant can cure in a year.
What should I do if I get eviction court papers?
File an answer or appear by the deadline on the summons, even if you plan to move. Missing it usually leads to a default judgment. See how the eviction process works.
Will an eviction stay on my record?
A filing can appear on tenant screening reports even if you win. Some states let you seal or limit access to the record; see how to seal an eviction record.
Related guides and tools
- How the eviction process works
- How to seal an eviction record
- Eviction notice timeline
- Notice deadline calculator
- All tenant tools
This page is general information, not legal advice. For advice about your situation, talk to a licensed attorney or a local legal aid office. See our disclaimer.