What You Should Know About Tenant Rights

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

Getty Images

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(Getty Images)

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.