Sunrise scene over residential zone of Saga City, Kyushu, Japan - July 2018

Organizing with your neighbors and getting involved can help ensure your community is a better place for all residents. (Getty Images)

In cities across the U.S., residents are discovering they can no longer afford to live in the neighborhoods they call home, due to rising rents, housing shortages or community changes that make everyday life pricier.

As rents climb or property taxes for single-family homes soar in a neighborhood, longtime residents – often working class and in low-income housing, as well as marginalized minority groups – struggle to afford the part of a city they’ve long called home.

New construction rarely meets the scale of demand. In some neighborhoods, housing is under construction, but developers wield too much power and don’t cater to the midlevel and low-income residents who make up the majority of those displaced. Instead, developers replace affordable housing with luxury buildings.

“Supply and demand aren’t really working anymore because the supply and demand sides are so out of whack,” says Emily Goldstein, director of organizing and advocacy for the Association for Neighborhood and Housing Development in New York City.

For residents who find themselves suddenly unable to afford the neighborhood they’ve long called home, financial stress will pile up. In many cases, there is no one solution. But residents have resources and options available to help fight displacement and ensure their community is a better place for all residents. It’s a matter of looking at the bigger problem, knowing what solutions are possible and understanding how to take action now.

[See: 7 Secrets You Can't Hide From Your Landlord.]

The Problem

Many inside and outside a neighborhood will advocate for change to help bring economic success to the area. Often, however, existing residents are left behind when new investment and development take hold. Landlords don't renew their participation in affordable housing programs, they raise rents quickly and they may even evict tenants without cause to sell their property or rent to new tenants at a higher rate.

Gentrification of a neighborhood occurs when renovations and redevelopment aim to improve an area and raise property values, thereby attracting wealthier residents. But gentrification often causes property values and rents to increase at a rate faster than the neighborhood’s original residents can afford to maintain. As wealthier people move in, the neighborhood’s original residents are forced out.

Those displaced residents are also unable to relocate to other nearby neighborhoods with restricted zoning that prevent apartment communities from being developed – ultimately keeping housing prices high. Residents and policymakers in high-price neighborhoods argue against development to stop gentrification, but they also stop greater inclusivity in their own neighborhoods, explains Randy Shaw, executive director of the Tenderloin Housing Clinic in San Francisco and author of “Generation Priced Out: Who Gets to Live in the New Urban America.”

There is still a housing shortage, but it has eased nationwide. Affordability for renters in the 50 largest U.S. cities is better than it was coming out of the recession, according to a report published in early November by RENTCafé, a rental housing information site and subsidiary of real estate property management software company Yardi.

According to the report, the median-income renter in 2017 had access to 49 percent of all rental housing in the U.S., a significant increase in accessibility compared to 2011, when renters with a median income could only afford 38 percent of rentals unburdened, meaning their rent takes up 30 percent of income or less.

But many cities aren’t meeting those national numbers. The cities with the worst rental housing accessibility rate in the report have long struggled to bring significant portions of their population out of poverty. In Philadelphia and New Orleans, where median renter income is $24,700 and $23,800, respectively, just 16 percent of housing is accessible for median-income renters.

[Read: When Your Landlord Is Facing Foreclosure: Options for Tenants.]

The Solution?

A major struggle for those looking to maintain the historic culture of a neighborhood, increase property values and provide inclusivity is the fact that what solution succeeds in one city, or even one neighborhood, doesn’t necessarily work when replicated elsewhere.

Raleigh, North Carolina, has the highest rental housing accessibility rate in the RENTCafé report at 71 percent, with a median renter income of $45,600. Much of its success is tied to the development taking place, combined with a plethora of tech and higher-education jobs.

In Los Angeles, where the median renter income for 2017 was similar at $45,100, there are plenty of tech jobs and new construction abounds, but just 23 percent of rental housing is accessible at that income level. “It’s really hard to find a general pattern that applies to all of the cities,” says Balazs Szekely, senior real estate writer and researcher for RENTCafé.

A necessary part of the solution is for building to continue. Rents and property values only increase when there isn’t enough housing to shelter the existing population. “When a market gets a lot of new supply, that can also help keep rents low or at least growing at a slowing pace,” Szekely says.

Still, new construction can’t solve the entire problem. A lot of gentrification takes place when older affordable housing is demolished to build new luxury apartments, resulting in displacement because the target audience of the housing options shifts.



Even when avoiding displacement, “we can’t build our way out of the housing crisis,” Shaw says.

One solution that seems to have a positive impact across the board is rent control, says Tony Romano, director of organizing and strategic partnerships for Right to the City Alliance, a national organization aimed at fighting displacement by connecting communities to find better solutions.

Rent control places a limit on the amount a landlord can charge or sets a ceiling on yearly increases. Major cities like New York and San Francisco are best known for having neighborhoods or designated districts with rent controls.

In areas where rent control doesn’t exist, Romano points to examples of tenants forming a tenant union to negotiate with the landlord, collectively purchase their apartment building from their landlord or even approach the U.S. Department of Housing and Urban Development to propose possibilities to keep affordable housing in place.

While no strategy works perfectly in every scenario, Romano encourages people to connect with communities that have been successful in the past. “Everyone doesn’t have to recreate the wheel all the time,” he says.

[Read: How Moving to a New Home Affects Your Taxes.]

Your Options

The decision to devote a larger share of your paycheck to increasing rent or face the threat of eviction without cause can be crippling. But you have options, whether you choose to go it alone or connect with your larger community to help find a long-term solution.

Talk to your neighbors. “It’s rare that something’s happening to one person and similar things aren’t happening to other people in your building or on your block,” Goldstein says. A group of tenants talking to their landlord together, either as an informal group or by forming a tenants union, is going to have far more bargaining power with a landlord than an individual renter.

Contact a local tenant rights organization. Goldstein stresses that when you feel like you’re being pushed out by your landlord – and out of your neighborhood – you should first understand your rights. Goldstein recommends asking neighbors or even running a simple Google search to find the organization that best fits your needs.

Focus on your effective rent. With concessions in mind, it’s important to look at the rent you pay in total. If you’re able to get your first two months of rent free in your lease agreement, you can use those two months to put away extra money that eases the burden of a slightly higher rent during the rest of your lease. Factor in a parking fee to ensure you’re not spending beyond your means without realizing it.

Get involved. You can volunteer with the organizations that helped you, or you can simply start paying more attention. Shaw says he’s seen millennial renters throughout the U.S. who find themselves limited in terms of moving options attending city land use meetings and planning board meetings to advocate for zoning changes that create more inclusivity in neighborhoods. “They realize they’re getting priced out, and the only way to change that is to get involved,” Shaw says.


Does Your State Have Fair Eviction Laws?

State-by-state eviction information

Roofs of brownstone houses in Boston.

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Housing laws and real estate practices vary widely among states. But even for people who’ve lived in the same state or city their entire lives, it can be difficult to know the nuances of the renting process – or worse, the eviction process. U.S. News has compiled basic information on eviction laws in each state to help you understand what’s required of your landlord and how it compares to the rest of the U.S. To better understand how eviction plays a role in each state, estimated eviction rates are included from the Eviction Lab at Princeton University, spearheaded by Pulitzer Prize winner Matthew Desmond, author of “Evicted: Poverty and Profit in the American City.” These rates aim to provide greater perspective on the scope of evictions taking place throughout the country.

Know your rights.

Know your rights.

Young man holding papers and talking on phone while sitting at home

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Before diving into a breakdown of the legal information, it’s important to know that eviction can only occur if you're taken to court. The eviction rates determined by the Eviction Lab are based on those evictions that take place through the court system, going back to 2000. In all states, it is illegal for a landlord to simply lock a tenant out of their rental, even if the notice period has passed and the landlord has filed for eviction with the courts. Tenants have the right to fight eviction and remain in their home during the period leading up to that court date (except in Arkansas). The following information is only a snapshot of the statutes determined by state legislators. It’s important to visit your state government’s website for more information and contact a local tenant rights organization or an attorney for additional details about how to fight an eviction.

Alabama

Alabama

Downtown Birmingham, Alabama, from Vulcan Park

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Eviction Rate: 1.82 percent
Notice to Vacate: Seven days to pay rent or to remedy other rental agreement violations; seven-day unconditional notice to quit; 30 days to end month-to-month lease.

Alabama allows landlords to issue an unconditional notice to quit (with which the tenant cannot avoid eviction by correcting the violation) or face eviction when the tenant has repeated a violation of his or her lease four or more times in a 12-month period (making the violation habitual) or committed a crime on the property, including drug use, unlawful discharge of a weapon or assault.

Alaska

Alaska

Anchorage, Alaska, United States Of America

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Eviction Rate: Unavailable
Notice to Vacate: Seven days to pay rent; 10 days to remedy rental agreement violation; one-, three- or 10-day unconditional notice to quit; 30 days to end month-to-month lease.

Alaska’s eviction laws differentiate between options to remedy a problem, like paying overdue rent or bringing a pet to a no-pets apartment, and unconditional quit notices that range from 10 days to as little as 24 hours, due to property damage, failure to pay utilities more than once or illegal activity. Formal eviction, however, can only happen through the courts, and law enforcement must carry out removal of the tenant.

Arizona

Arizona

A plane lands at an airport in Phoenix, Arizona.

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Eviction Rate: 3.92 percent
Notice to Vacate: Five days to pay rent or clean the rental; 10 days to remedy a rental agreement violation; immediate unconditional notice to quit; 30 days to end month-to-month lease.

Arizona cuts the time it takes to file for eviction in court down from Alaska’s 24-hour minimum to immediately upon notice for an unconditional notice to quit due to discharge of a weapon, homicide, prostitution, criminal gang activity, use or sale of illegal drugs or threatening to harm another person. After informing the tenant, the landlord can immediately file an eviction lawsuit with the court.

Arkansas

Arkansas

Red two story condos in Fayetteville Arkansas with a blue sky and green grass.

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Eviction Rate: 1.82 percent
Notice to Vacate: 10 days to pay rent; 14 days to remedy rental agreement violation; three-day notice when pursuing unlawful detainer; 30 days to end informal month-to-month lease or seven days if rent is paid weekly.

Arkansas’s eviction process is particularly tough on tenants; it leaves room for tenants to be fined up to $25 per day for every day they remain in the unit following the three-day unlawful detainer notice, as well as a new misdemeanor charge (up to 30 days). After the landlord has filed for eviction following the three-day notice, the tenant has five days to file an objection to the proceedings. Otherwise, the landlord can obtain a writ of possession from the courts and have the tenant evicted immediately by law enforcement.

California

California

Downtown Los Angeles at sunset.

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Eviction Rate: 0.83 percent
Notice to Vacate: Three days to pay rent or remedy rental agreement violation; three-day unconditional notice to quit; 30 days to end month-to-month lease or 60 days if tenancy lasts longer than one year.

The tenant cannot be removed from the property until an eviction case has gone through the court system, but the three-day notice regarding all forms of cause leaves tenants with little notice to begin preparing to fight eviction or find a new place to live if they opt to move on.

Colorado

Colorado

Cherry Creek, Denver Colorado

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Eviction Rate: 2.75 percent
Notice to Vacate: Three days to pay rent or remedy rental agreement violation; three to 91 days to end month-to-month lease.

Only three days’ notice is required for nonpayment of rent or a lease violation, but in situations of health or safety concerns, or if the tenant has committed a crime on the property, the landlord does not need any notice to file suit for eviction. Changes to Colorado’s law last year expanded the required notice that either side must give to terminate a lease without a violation: If the tenant has been at the residence between one week and one month, three days’ notice is required, less than six months requires 21 days, less than one year requires 28 days and more than one year requires 91 days.

Connecticut

Connecticut

Hartford, Connecticut, USA downtown cityscape.

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Eviction Rate: 3.04 percent
Notice to Vacate: Three days to pay rent; 15 days to remedy rental agreement violation; immediate unconditional notice to quit; three days to end month-to-month lease.

If a tenant manages to halt an eviction for a rental agreement violation by correcting the issue, it's important to avoid creating the same error again in the future. In Connecticut, tenants who repeat the same offense in six months don't get another 15 days to avoid eviction, and the court process can begin immediately. But with month-to-month agreements, the landlord has a significant advantage in only having to provide a three-day notice to a tenant to move out, even without reason.

Delaware

Delaware

Last minute vacation in Wilmington Delaware, United States

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Eviction Rate: 5.1 percent
Notice to Vacate: Five days to pay rent; seven-day notice to remedy rental agreement violation or unconditional notice to quit. No notice required for threats of causing harm to a person on the property or to the property itself. Sixty days to end month-to-month lease.

Delaware’s laws for eviction follow similar patterns to other states, but they allow for landlords begin the eviction process without required notice in the case of threats of irreparable harm.

District of Columbia

District of Columbia

Colorful row houses in Washington DC, USA

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Eviction Rate: 2.59 percent
Notice to Vacate: 30 days to pay rent or correct rental agreement violation; immediate serving of complaint with court date for unconditional notice to quit.

The District of Columbia’s landlord-tenant law is aimed at keeping tenants from being suddenly without a home. Even for a yearlong lease, the rental agreement automatically changes to a month-to-month lease under the same conditions, unless a lease renewal has occurred or the tenant has opted to move elsewhere.

Florida

Florida

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Eviction Rate: 2.53 percent
Notice to Vacate: Three days to pay rent; seven days to remedy rental agreement violation; seven-day unconditional notice to quit; 15 days to end month-to-month lease.

Following the required notice period, if the tenant has been unable to remedy an issue, a Florida landlord can serve the complaint to the tenant, giving the tenant five days to respond to the clerk of court noting the defense contesting eviction. Without response from the tenant, the landlord can receive a default judgment from the clerk and eviction will be official.

Georgia

Georgia

Atlanta, Georgia downtown aerial view.

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Eviction Rate: 4.71 percent
Notice to Vacate: 24-hour notice with cause; 60 days to end month-to-month lease.

Georgia’s eviction law does not provide landlords with a minimum period of time to wait before filing an eviction lawsuit, though in practice it appears to be one to 10 days. However, a tenant choosing to fight eviction is permitted by law to remain in the property until a court decision is made, and the landlord is not allowed to cut off utilities during this period.

Hawaii

Hawaii

The Na Pali Coast State Park is a 6,175 acres (2,499 ha) Hawaiian state park located in the center of the rugged 16 miles (26 km) along the northwest side of Kauai, the oldest inhabited Hawaiian island. The Na Pali coast itself extends southwest starting at Ke e Beach extending all the way to Polihale State Park. The na pali (high cliffs) along the shoreline rise as much as 4,000 feet (1,200 m) above the Pacific Ocean. The state park was formed to protect the Kalalau Valley.

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Eviction Rate: 0.41 percent
Notice to Vacate: Five days to pay rent; 10 days to remedy rental agreement violation; zero notice for egregious damage to property or threats to do so; 45 days to end month-to-month lease.

Hawaii’s laws for notice prior to suing for eviction include no required notice when threats of property damage are involved, but the state is also involved in a grassroots effort to help empower tenants called Steps to Avoid Eviction. STAE’s mission includes helping landlords receive rent on time and keeping tenants from becoming homeless.

Idaho

Idaho

Capitol Blvd, Boise, Idaho

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Eviction Rate: 0.61 percent
Notice to Vacate: Three days to pay rent or remedy rental agreement violation; three-day or immediate unconditional notice to quit; 30 days to end month-to-month lease.

Idaho’s notice prior to eviction proceedings may not be long, but tenants do have rights in other situations. While many states do not allow tenants to withhold rent when the landlord fails to make unnecessary repairs, Idaho is one state that does. The tenant is also allowed by law to sue the landlord to comply with necessary repairs or deduct rent for any repairs the tenant did on his or her own.

Illinois

Illinois

Prairie Avenue Mansions in Chicago

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Eviction Rate: 1.58 percent
Notice to Vacate: Five days to pay rent; 10 days to remedy rental agreement violation; five-day unconditional notice to quit; 30 days to end month-to-month lease.

While the days for notice prior to a landlord suing for eviction are not out of the ordinary compared to other states, judges in Illinois often provide tenants with additional time to move out when the landlord wins the eviction case, according to the Illinois Attorney General’s website. Additionally, the tenant has 30 days to appeal the decision.

Indiana

Indiana

Downtown Indianapolis skyline at twilight

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Eviction Rate: 4.07 percent
Notice to Vacate: 10 days to pay rent; 30 days to end month-to-month lease (no notice required with cause).

Indiana’s landlord-tenant law focuses on ensuring payment of rent takes place and does not specify many situations in which notice is required for other rental agreement violations. Practice appears to dictate that a landlord should give the tenant a period of time to attempt to remedy the situation, but state law stipulates no notice is needed when the tenant has overstayed a lease term, the tenant neglects to pay rent in advance when it was previously specified or when the tenant “commits waste," or damages the property in some way.

Iowa

Iowa

USA, Iowa, Pella, storefronts lining street

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Eviction Rate: 2.01 percent
Notice to Vacate: Three days to pay rent; seven days to remedy rental agreement violation; three- or seven-day unconditional notice to quit; 30 days to end month-to-month lease.

Like a few other states, Iowa provides two different periods for an unconditional notice to quit based on the severity of the situation: If the tenant is perceived to be a clear and present danger to other people on the property or the property itself, only three days’ notice is required to sue for eviction.

Kansas

Kansas

Kansas City, Kansas

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Eviction Rate: 2.3 percent
Notice to Vacate: Three days to pay rent; 30 days to remedy rental agreement violation; 30 days to end month-to-month lease.

The longer notice period to remedy a rental violation in Kansas gives the tenant just 14 days to fix the issue at hand, but it provides for another 16 days to vacate the premises or prepare a defense in the upcoming eviction case. Following the landlord filing in court, the tenant has 10 days to file an answer with the court.

Kentucky

Kentucky

Old historic city downtown of Lexington, Kentucky, USA

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Eviction Rate: 2.91 percent
Notice to Vacate: Seven days to pay rent; 15 days to remedy rental agreement violation; 14-day unconditional notice to quit; 30 days to end month-to-month lease.

Kentucky’s unconditional notice to quit exists primarily to allow a landlord to move toward the eviction process if the tenant has repeated the same rental agreement violation more than once in a six-month period.

Louisiana

Louisiana

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Eviction Rate: 2.64 percent
Notice to Vacate: Five-day notice to vacate; 10 days to end month-to-month lease.

Louisiana’s law for eviction does not require the landlord to allow the tenant to remedy the situation or pay back past-due rent. Instead, a simple notice to vacate is required with just five days’ notice. Should the tenant choose to fight eviction, however, there will be at least an additional three days before the court date.

Maine

Maine

Portland, Maine, USA downtown skyline.

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Eviction Rate: 2.26 percent
Notice to Vacate: Seven days to pay rent; seven-day unconditional notice to quit; 30 days to end month-to-month lease.

Maine’s state law dictates that the seven-day notice to vacate for nonpayment of rent can only be issued after the rent is already seven days late. With that notice, the tenant can still remedy the situation by paying the overdue amount within the seven days.

Maryland

Maryland

Annapolis, Maryland

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Eviction Rate: 3.56 percent
Notice to Vacate: No notice for nonpayment of rent; 14 days to remedy threat to property or others; 30 days to remedy another rental agreement violation; 30 days to end month-to-month lease.

Maryland is particularly tough on tenants facing income woes, as there is no grace period or chance to pay overdue rent before the landlord can file suit for eviction. Following an eviction case that sides with the landlord, the landlord has five days to file for a warrant of restitution and schedule the local sheriff’s department to facilitate the physical removal of the tenant.

Massachusetts

Massachusetts

A Boston neighborhood.

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Eviction Rate: 1.52 percent
Notice to Vacate: 14 days to pay rent; 30 days to end month-month lease.

Outside of nonpayment of rent, Massachusetts’ state law doesn’t dictate the notice period for other rental agreement violations. Your landlord should specify in the lease agreement how many days to expect for notice – seven days, for example – but beyond paying the rent, the landlord is not required to let you try to remedy the situation and stay in the rental.

Michigan

Michigan

http://blogtoscano.altervista.org/det.jpg

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Eviction Rate: 3.28 percent
Notice to Vacate: Seven days to pay rent; 30 days to remedy rental agreement violation or to end month-to-month lease.

Aside from rent payment issues, tenants in Michigan have longer than most other states. However, Michigan courts also have an expedited lawsuit process for landlords called summary proceedings. So if you’re a tenant who is planning to fight eviction, it’s best to use those 30 days of notice to prepare to argue your side in court.

Minnesota

Minnesota

Minneapolis, Minnesota, USA – June 28, 2015: Central business district of Minneapolis. Together, Minneapolis and St. Paul anchor the second largest economic center in the Midwest behind Chicago.

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Eviction Rate: 0.59 percent
Notice to Vacate: No notice required to pay rent or remedy rental agreement violation; 14 days to pay rent for an unwritten rental agreement; up to three months to end month-to-month lease.

Minnesota’s law on eviction notice is unique, as no notice is required when the tenant has not paid rent or violated the lease, but the suit for eviction can be used as notice and remedied if the court has not yet made a decision. Additionally, ending a month-to-month lease is dictated as requiring notice of the length of time between rent due dates (usually 30 days) or three months, whichever is shorter.

Mississippi

Mississippi

Oxford, Mississippi

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Eviction Rate: 3.96 percent
Notice to Vacate: Three days to pay rent; 30 days to remedy rental agreement violation; 30 days to end month-to-month lease.

Similar to other states, Mississippi’s eviction law requires landlords to accept payment of late rent and correction of any rental agreement violation. And he or she does not have the right to move forward with eviction if the tenant does what is needed to remain on the property.

Missouri

Missouri

Last minute vacation in Kansas City, Kansas

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Eviction Rate: 2.85 percent
Notice to Vacate: Notice to vacate or demand for rent; 30 days to end month-to-month lease.

Missouri does not establish a specific number of days the landlord must wait for the tenant to pay overdue rent or correct a rental agreement violation, but the landlord may establish a waiting period in the original lease agreement. Eviction processes can be expedited in the courts when there is evidence of illegal drug activity on the property, and in some cases the landlord doesn’t even have to be a part of the eviction – a neighborhood organization, like a homeowners association, can evict the tenant for drug activity.

Montana

Montana

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Eviction Rate: 0.86 percent
Notice to Vacate: Three days to pay rent or remedy rental agreement violation; 14 days for other rental agreement violations; five-day unconditional notice to quit; 30 days to end month-to-month lease.

Montana distinguishes between levels of rental agreement violation, stipulating that unpaid rent, an unauthorized tenant or pet, property damage or the arrest of the tenant require just three days’ notice.

Nebraska

Nebraska

Omaha downtown

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Eviction Rate: 2.17 percent
Notice to Vacate: Three days to pay rent; 30 days to remedy rental agreement violation; 30 days to end month-to-month lease.

Like Kansas, tenants in Nebraska who have violated their rental agreement may receive a 30-day notice, during which they have the first 14 days to try to remedy the violation. If at the end of 14 days the problem persists, the landlord can sue for eviction at the end of 30 days if the tenant has not already vacated the property.

Nevada

Nevada

Clear winter sky above golf course homes and casino resort towers in Southern Nevada.

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Eviction Rate: 3.41 percent
Notice to Vacate: Five days to pay rent or remedy rental agreement violation; immediate unconditional notice to quit; 30 days to end month-to-month lease.

Landlords in Nevada have the ability to provide notice for the tenant to immediately vacate the property or face an eviction lawsuit when they have illegally sublet the property, created a nuisance or caused substantial damage or injury to a person on the property.

New Hampshire

New Hampshire

The North Church of Portsmouth, New Hampshire, United States is a historic church. It is located in Market Square across from the Portsmouth Atheneum. The church features an Italianate edifice and a steeple which can be seen from most of the city. The spire of North Church has been referred to as Portsmouths landmark of record.

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Eviction Rate: 1.7 percent
Notice to Vacate: Seven days to pay rent or unconditional notice to quit; 30 days to remedy rental agreement violation; 30 days to end month-to-month lease.

The New Hampshire Department of Justice notes on its website that tenants renting on private property occupied by the owner “can be evicted for almost any reason,” though it also lists examples of reasonable cause, including property damage, failure to pay rent or violating the lease agreement. When the tenant is late on rent, he or she can avoid eviction proceedings by paying the overdue amount in full, plus $15, before the last day of the notice.

New Jersey

New Jersey

USA, New Jersey, Trenton, New Jersey State Capitol and Veteran's Memorial, dusk.

(Walter Bibikow/Getty Images)

Eviction Rate: 0.01 percent
Notice to Vacate: No notice required to pay rent; three-day unconditional notice to quit; 30-day notice for habitual rental agreement violation; one month to end month-to-month lease.

While the landlord does not need to give notice to a tenant who has missed rent or allow the tenant to pay the overdue amount, the tenant may be able to win the case if he or she can prove the landlord has previously accepted late rent regularly without threats of eviction. Tenants who have lost their eviction case in court may also receive a delay in lockout through the state's Tenant Hardship Act, which allows the judge to keep the tenant from being removed from the property for as long as six months, with certain requirements, including paying back rent.

New Mexico

New Mexico

Las Cruces, New Mexico

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Eviction Rate: 3.18 percent
Notice to Vacate: Three days to pay rent; seven days to remedy rental agreement violation; three-day unconditional notice to quit; 30 days to end month-to-month lease.

In New Mexico, notices come with fairly short notice, particularly when breach of contract cannot be remedied, but the state law also stipulates that the tenant can remain in the property during the waiting period for the court date to determine if eviction will take place.

New York

New York

Times Square in New York.

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Eviction Rate: 2.15 percent
Notice to Vacate: Three days to pay rent; 30 days unconditional notice of termination following notice to cure rental agreement violation; 30 days to end month-to-month lease.

Tenants who have violated the terms of rental agreements will receive a notice to correct the situation, and if the correction is not made to be in full compliance of the lease, the landlord can issue a 30-day notice of termination. The initial notice to cure does not have a specified minimum time period, but if you feel your landlord did not allow sufficient time to correct the violation, consider disputing the issue in court during the eviction process, which follows the 30-day period after the initial notice.

North Carolina

North Carolina

Charlotte, North Carolina, USA skyline.

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Eviction Rate: 4.61 percent
Notice to Vacate: 10 days to pay rent or remedy rental agreement violation; seven days to end month-to-month lease.

Tenants who are unable to pay rent in North Carolina have some additional notice to find a new place to live or prepare to fight in eviction court. After the 10 days to pay overdue rent, an additional notice for termination will be issued, either two, seven or 30 days before suit is filed, depending on the length of the lease.

North Dakota

North Dakota

Fargo, ND, USA - July 24, 2015: View of the Northen Pacific Ave in downtown Fargo N. Dakota

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Eviction Rate: Unavailable
Notice to Vacate: Three days to pay rent; immediate notice for rental agreement violation; 30 days to end month-to-month lease.

Once you’ve received notice to end tenancy in North Dakota, the landlord has the ability to pursue eviction even if the tenant pays overdue rent or corrects the lease violation within the notice period. For all reasons, the landlord must give notice through writing that the lease is effectively over, and eviction proceedings will begin after the notice period.

Ohio

Ohio

Downtown Columbus, Ohio On A Sunny Summer Day With Reflection In The River.

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Eviction Rate: 3.49 percent
Notice to Vacate: Three-day unconditional notice for all causes; 30 days to end month-to-month lease.

In Ohio, notice prior to the start of eviction proceedings does not allow for a grace period in which the tenant can correct an error or make a late payment. Once the landlord files suit for eviction, the court date can be scheduled as quickly as two weeks later.

Oklahoma

Oklahoma

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Eviction Rate: 4.24 percent
Notice to Vacate: Five days to pay rent; 15 days to remedy rental agreement violation; no notice for unconditional notice to quit; 30 days to end month-to-month lease.

Oklahoma allows landlords to immediately file for eviction with the courts without notice if the tenant has caused harm to a person on the premises or has threatened to do so, or if the tenant is engaged in illegal drug or violent activities on the property.

Oregon

Oregon

Sunrise View of Portland, Oregon from Pittock Mansion.

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Eviction Rate: 1.1 percent
Notice to Vacate: Three or five days to pay rent; 30 days to remedy rental agreement violation; 24-hour unconditional notice to quit; 30 days to end month-to-month lease.

The state of Oregon allows the landlord to decide whether three days or five days is enough for the tenant to try to pay back overdue rent. Oregon is one of a few states that notes the courts may require the landlord and tenant to undergo mediation to try to fix the problem, rather than default to an eviction.

Pennsylvania

Pennsylvania

Philadelphia, Pennsylvania

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Eviction Rate: 1.77 percent
Notice to Vacate: 10 days to pay rent; 15 or 30 days to remedy rental agreement violation.

In Pennsylvania, tenants who have been in a rental longer are allowed a bit more time to try to remedy a lease violation: Tenancy for less than one year guarantees 15 days, while more than one year guarantees 30 days. Following any notice period, eviction hearings are typically scheduled for one or two weeks after filing.

Rhode Island

Rhode Island

Along the cliff walk in Newport, RI, there are some spectacular residential buildings open for the public to enjoy.

(Getty Images)

Eviction Rate: 3.07 percent
Notice to Vacate: Five days to pay rent; 20 days to remedy rental agreement violation; no notice required for unconditional eviction; 30 days to end month-to-month lease.

The five-day notice to pay rent can only be issued after the tenant’s rent is 15 days late. Following the notice period, any tenant who does not appear in court to dispute the eviction proceedings will by default lose the case and be formally evicted.

South Carolina

South Carolina

Charleston, South Carolina, at the historic homes on The Battery.

(Getty Images)

Eviction Rate: 8.87 percent
Notice to Vacate: Five days to pay rent; 14 days to remedy rental agreement violation; immediate unconditional notice to quit; 30 days to end month-to-month lease.

South Carolina’s law regarding notice to pay rent includes a loophole in which the landlord can include notice for nonpayment of rent in the lease itself. If the lease states that the landlord will file for eviction five days past the rent due date, no other written notice is required before filing with the court.

South Dakota

South Dakota

Sioux Falls is the largest city in South Dakota.

(Getty Images)

Eviction Rate: Unavailable
Notice to Vacate: Three-day notice for unpaid rent; no notice required for rental agreement violation; 30 days to end month-to-month lease.

The three-day notice regarding nonpayment of rent may only be issued after the rent is already three days late in South Dakota, giving the tenant an additional three days to relocate or prepare to fight eviction in court.

Tennessee

Tennessee

Memphis, TN, USA - August 5, 2015: View of Beale Street in Memphis, Tennessee

(Getty Images)

Eviction Rate: 2.78 percent
Notice to Vacate: 14 days to pay rent or repair damage; 30 days to remedy other rental agreement violations; three-day unconditional notice to quit; 30 days to end month-to-month lease.

Tennessee places a hard line on illegal drug activity in rental properties; such actions allow for the three-day unconditional notice to quit, while threatening other tenants or committing a violent crime are considered possible to remedy and fall under the 14-day notice to correct behavior. In the case of domestic violence, only the aggressor may be evicted and with a three-day notice to quit.

Texas

Texas

(Getty Images)

Eviction Rate: 2.17 percent
Notice to Vacate: Three-day notice to vacate for nonpayment of rent or other rental agreement violation; 30 days to end month-to-month lease.

As long as federal Fair Housing laws are properly followed, Texas landlords are permitted to refuse to renew a lease for any reason, and they require little notice and no forgiveness period before moving forward with eviction proceedings.

Utah

Utah

Salt Lake City downtown shot from the Meridian Monument looking to the Main Street

(Getty Images)

Eviction Rate: 0.93 percent
Notice to Vacate: Three days to pay rent or remedy rental agreement violation; three-day unconditional notice to quit; 15 days to end month-to-month lease.

While Utah’s notice prior to beginning eviction proceedings primarily sticks to three days whether the cause is nonpayment of rent, a minor rental violation or the tenant has been deemed a nuisance, among other reasons, the distinction between the different reasons for the notice is important when moving forward with formal eviction. As a result, Utah differentiates between notices to remedy a violation and unconditional situations like committing a criminal act on the premises or subletting the space without permission.

Vermont

Vermont

Burlington, Vermont, United States, New England, North America

(Getty Images)

Eviction Rate: 0.09 percent
Notice to Vacate: 14 days to pay rent; 30 days to remedy rental agreement violation; 14 days unconditional notice to quit; 60 or 90 days to end month-to-month lease.

Vermont’s law helps ease the burden of long-term, month-to-month tenants by requiring as much as three months’ notice to require them to move should the landlord no longer wish to rent to them.

Virginia

Virginia

"The skyline of the city of Rosslyn, Virginia in the Washington DC metropolitan area (just across the Potomac River from the city of Washington DC.)"

(Getty Images)

Eviction Rate: 5.12 percent
Notice to Vacate: Five days to pay rent; 30 days to remedy rental agreement violation; 30 days or none for unconditional notice to quit; 30 days to end month-to-month lease.

Regarding cases of illegal drug activity on the property, the 30-day unconditional notice to quit is no longer necessary and the landlord can start eviction proceedings without providing any notice to the tenant.

Washington

Washington

Seattle, Washington during the commuting hour with the downtown area and Century Link field, home of the NFL football Seahawks, on the left.

(Getty Images)

Eviction Rate: 0.82 percent
Notice to Vacate: Three days to pay rent; 10 days to remedy rental agreement violation; three-day unconditional notice to quit; 20 days to end month-to-month lease.

Washington stipulates an unconditional notice to quit is warranted when the tenant commits a crime or creates a nuisance on the property.

West Virginia

West Virginia

Charleston West Virginia

(Getty Images)

Eviction Rate: 3.52 percent
Notice to Vacate: No notice required to evict with cause; 30 days to end month-to-month lease.

West Virginia is one of the five states (the others being Maryland, Minnesota, Missouri and New Jersey) that requires no written or verbal notice to the tenant to file suit for eviction due to nonpayment of rent or other rental agreement violation.

Wisconsin

Wisconsin

A vivid, photo taken from an airplane of downtown Madison, Wisconsin in spring.

(Getty Images)

Eviction Rate: 1.89 percent
Notice to Vacate: Five days to pay rent; five- or 14-day unconditional notice to quit; 28 days to end month-to-month lease.

Tenants who are behind on rent may receive a five-day notice, which allows them to pay rent and stay in the home, or they may receive a 14-day notice, which does not allow them to try to remedy the situation. This is also the case for other rental agreement violations for tenants with a fixed-term lease. But month-to-month tenants violating their agreement only receive 14 days’ notice to vacate. Additionally, tenants reported by the police to be involved in drug- or gang-related activities can receive a five-day notice to vacate.

Wyoming

Wyoming

Cheyenne downtown skyline with train cars, houses, and trees in view.

(Getty Images)

Eviction Rate: 0.88 percent
Notice to Vacate: Three-day notice to quit with cause; 30 days to end month-to-month lease.

Wyoming does not require landlords to allow for any grace period to correct a rental agreement violation, including paying overdue rent. Instead, state law establishes that after three days (or 30 days for a month-to-month tenant who has not violated his or her lease), the landlord can file for eviction.

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Tags: real estate, housing, housing market, renting, home prices


Devon Thorsby is the Real Estate editor at U.S. News & World Report, where she writes consumer-focused articles about the homebuying and selling process, home improvement, tenant rights and the state of the housing market.

She has appeared in media interviews across the U.S. including National Public Radio, WTOP (Washington, D.C.) and KOH (Reno, Nevada) and various print publications, as well as having served on panels discussing real estate development, city planning policy and homebuilding.

Previously, she served as a researcher of commercial real estate transactions and information, and is currently a member of the National Association of Real Estate Editors. Thorsby studied Political Science at the University of Michigan, where she also served as a news reporter and editor for the student newspaper The Michigan Daily. Follow her on Twitter or write to her at dthorsby@usnews.com.

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