Eviction Laws by State: The 50-State Landlord Guide
Every state sets its own notice periods, eviction procedures, deposit rules, and timelines – and one wrong step can get your case dismissed. This guide maps eviction law across all 50 states plus Washington, D.C., links you to each state’s detailed rules, and explains how an eviction record later shapes tenant screening.
Eviction is a court process, and it is governed almost entirely by state law. The reason for the eviction sets the type of notice; the state sets how many days that notice must give; and the local court sets how quickly the case moves from filing to a sheriff lockout. Get the notice or the procedure wrong and the case is usually thrown out, handing the tenant more time in the unit. This 50-state hub gives you the key numbers at a glance, walks the process end to end, and points to each state’s dedicated page for the exact statute.
Use the comparison table to jump to your state, review the eviction notice laws by state overview for notice-specific detail, and see the cost of eviction by state before you file. If you would rather avoid the whole process, the surest protection is careful screening up front – covered in the eviction-records section below and in our how to screen tenants walkthrough.
Video: a plain-language overview of eviction across the 50 states – notice periods, the court process, how long it takes, and where screening fits in.
Key Takeaways: Eviction Laws by State
- Notice periods are set by state and by reason. Non-payment notices run from immediate filing (Georgia) to 30 days (New Jersey, D.C.); most states land at three to fourteen days.
- The court process is universal, the timeline is not. Every state requires a court judgment – self-help eviction is illegal in all 50 – but uncontested cases run from about three weeks to five months depending on the state.
- Deposit rules ride alongside eviction law. Return deadlines run roughly 14 to 60 days, and many states cap the deposit at one to two months’ rent while about half set no cap.
- An eviction follows the tenant. Under the FCRA an eviction record can appear on a screening report for up to seven years – which is why lawful screening is the cheapest eviction you never have to file.
On This Page
50-State Eviction Laws Comparison Table
The table below shows the headline eviction numbers for every state plus Washington, D.C. – the notice a landlord serves for non-payment, the notice for a lease violation, the notice to end a month-to-month tenancy, any statutory rent grace period, the security-deposit cap, and the deadline to return the deposit. Click any state to open its full eviction-notice page. Figures are general reference points that change with local ordinances and tenancy facts, so confirm the current rule on the linked state page before acting.
| State | Non-Payment | Lease Violation | Month-to-Month | Rent Grace | Deposit Cap | Deposit Return |
|---|---|---|---|---|---|---|
| Alabama | 7 days | 7 days | 30 days | None | 1 month | 35 days |
| Alaska | 7 days | 10 days | 30 days | None | 2 months | 14 days (30 if damage) |
| Arizona | 5 days | 10 days | 30 days | None | 1.5 months | 14 days |
| Arkansas | 3 days | 14 days | 30 days | None | 2 months | 60 days |
| California | 3 days | 3 days | 30 / 60 days | None | 2 mo (3 furnished) | 21 days |
| Colorado | 10 days | 10 days | 21 days | None | No cap | 30 days (60 if stated) |
| Connecticut | 3 days | 15 days | 3 days (no cause) | 9 days | 2 months | 30 days |
| Delaware | 5 days | 7 days | 60 days | None | 1 month (no pets) | 20 days |
| Florida | 3 days | 7 days | 15 days | None | No cap | 15-60 days |
| Georgia | Immediate | Immediate | 60 days | None | No cap | 30 days |
| Hawaii | 5 days | 10 days | 28 / 45 days | None | 1 month | 14 days |
| Idaho | 3 days | 3 days | 30 days | None | No cap | 21 days (30 if damage) |
| Illinois | 5 days | 10 days | 30 days | 5 days (Chicago) | No cap | 30-45 days |
| Indiana | 10 days | Immediate | 30 days | None | No cap | 45 days |
| Iowa | 3 days | 7 days | 30 days | None | 2 months | 30 days |
| Kansas | 3 days | 14 / 30 days | 30 days | None | 1 mo (1.5 furnished) | 30 days |
| Kentucky | 7 days | 15 days | 30 days | None | No cap | 30-60 days |
| Louisiana | 5 days | 5 days | 10 days | None | No cap | 30 days |
| Maine | 7 days | 7 days | 30 days | 15 days | 2 months | 30 days (21 if sold) |
| Maryland | 10 days | 30 days | 60 days | None | 2 months | 45 days |
| Massachusetts | 14 days | 14 days | 30 days | 30 days | 1 month | 30 days |
| Michigan | 7 days | 30 days | 30 days | None | 1.5 months | 30 days |
| Minnesota | 14 days | Immediate | Rental period | None | No cap | 21 days |
| Mississippi | 3 days | 30 days | 30 days | None | No cap | 45 days |
| Missouri | Immediate | 10 days | 1 month | None | 2 months | 30 days |
| Montana | 3 days | 14 days | 30 days | None | No cap | 10 days (30 if damage) |
| Nebraska | 3 days | 14 / 30 days | 30 days | None | 1 month (no pets) | 14 days |
| Nevada | 7 days | 5 days | 30 days | None | 3 months | 30 days |
| New Hampshire | 7 days | 30 days | 30 days | 30 days | 1 month | 30 days |
| New Jersey | 30 days | 30 days | 1 month | 5 days | 1.5 months | 30 days |
| New Mexico | 3 days | 7 days | 30 days | None | 1 month (no pets) | 30 days |
| New York | 14 days | 10 days | 30 / 60 / 90 days | None | 1 month | 14 days |
| North Carolina | 10 days | Immediate | 7 days | 5 days | 2 months | 30 days |
| North Dakota | 3 days | 3 days | 30 days | None | 1 month | 30 days |
| Ohio | 3 days | 30 days | 30 days | None | No cap | 30 days |
| Oklahoma | 5 days | 10 days | 30 days | None | No cap | 45 days |
| Oregon | 13 days | 30 days | 90 days | 4 days | No cap | 31 days |
| Pennsylvania | 10 days | 15 days | 15-30 days | None | 2 months (yr 1) | 30 days |
| Rhode Island | 15 days | 20 days | 30 days | 15 days | 1 month | 20 days |
| South Carolina | 5 days | 14 days | 30 days | 5 days | No cap | 30 days |
| South Dakota | 3 days | Immediate | 1 month | None | 1 month | 14 days (45 if damage) |
| Tennessee | 14 days | 14 days | 30 days | 5 days | No cap | 30 days |
| Texas | 3 days | 3 days | 30 days | None | No cap | 30 days |
| Utah | 3 days | 3 days | 15 days | None | No cap | 30 days |
| Vermont | 14 days | 30 days | 60 days | None | No cap | 14 days |
| Virginia | 5 days | 21 / 30 days | 30 days | 5 days | 2 months | 45 days |
| Washington | 14 days | 10 days | 60 days | None | No cap | 21 days |
| Washington, D.C. | 30 days | 30 days | 30 days | None | 1 month | 45 days |
| West Virginia | Immediate | Immediate | 1 month | None | No cap | 60 days |
| Wisconsin | 5 days | 5 days | 28 days | None | No cap | 21 days |
| Wyoming | 3 days | 3 days | Rental period | None | No cap | 30 days |
Badges: red = short notice, amber = medium, green = longer. A “no cap” deposit means the state sets no statutory maximum. Ranges and dual figures reflect variation by tenancy length, property type, or local rule – always verify on the linked state page.
Types of Eviction Notices
Before a landlord can file, the right notice usually has to be served – and the reason for the eviction determines which one. Using the wrong notice for the situation is a leading cause of dismissed cases.
Pay Rent or Quit
Used for non-payment. Gives the tenant a set deadline to pay everything owed or move out.
3-30 daysCure or Quit
Used for a curable lease violation – unauthorized pet, noise, occupant. The tenant fixes it or leaves.
3-30 daysUnconditional Quit
For serious or repeated violations with no chance to cure – illegal activity, major damage, repeat breaches.
Immediate-30 daysNotice to Terminate
Ends a month-to-month tenancy or declines a renewal. Not based on tenant fault.
15-90 daysHoldover Notice
Used when a tenant stays past lease expiration without the landlord’s permission.
Varies by stateIllegal-Activity Notice
Short or immediate notice for drugs, violence, or criminal conduct on the premises.
Immediate-7 daysUse the correct notice, the correct way
The wrong notice type or an incorrect notice period is one of the most common reasons evictions are dismissed. Many states require a specific form and a specific service method – personal delivery, certified mail, or posting – and the clock only starts on proper service. Verify both the notice and the service rule on your state’s eviction page.
The Eviction Process, Step by Step
Procedures differ by state, but nearly every lawful eviction follows the same nine stages. A landlord cannot skip ahead – each step has to be completed in order and documented.
- Establish valid grounds. Document the reason – non-payment, lease violation, end of term, or other lawful cause – with payment records, photos, warnings, and the lease itself.
- Serve the correct notice. Deliver the right notice by a legally accepted method and keep proof of service. The notice-period clock starts on the date of proper service.
- Let the notice period run. You cannot file until the full period passes. If the tenant pays or cures a curable violation in time, you generally cannot proceed.
- File the eviction lawsuit. If the tenant has not complied, file the complaint (an unlawful detainer, forcible detainer, or dispossessory action) with the proper court and pay the filing fee.
- Serve the court summons. The tenant must be officially served with the summons and complaint. Some states allow landlord service; others require a process server or sheriff.
- Attend the hearing. Present the lease, notices, proof of service, and payment records to the judge. The tenant may raise defenses such as improper notice or habitability.
- Obtain the judgment for possession. If you prevail, the court grants possession and often back rent and costs. Some states impose a mandatory appeal period.
- Request the writ of possession. If the tenant still will not leave, ask the court for a writ of possession (or restitution) authorizing law enforcement to remove them.
- Sheriff executes the eviction. Only law enforcement may physically remove a tenant, usually after a final 24-to-48-hour notice to leave.
Never attempt a self-help eviction
Changing locks, removing doors, shutting off utilities, or hauling out a tenant’s belongings is illegal in all 50 states. Self-help eviction can trigger significant damages, criminal exposure, and an order letting the tenant move back in. The court process is the only lawful path.
How Long Does an Eviction Take?
For an uncontested case, most states run about 30 to 45 days from notice to lockout; a contested case commonly stretches to two to five months or longer. The total breaks into five phases, and the state controls how long each one lasts.
- Notice. The statutory notice period – from immediate filing in Georgia to 30 days in New Jersey and D.C.
- Filing and scheduling. Once filed, courts typically set the first hearing about 7 to 21 days out.
- Hearing and judgment. Days if uncontested; weeks to months if the tenant appears and raises defenses.
- Writ of possession. Issued immediately in some states, up to about 10 days after judgment in others.
- Sheriff lockout. A final 24-hour to 14-day notice, then removal.
Fast states
Texas, Florida, Georgia, and Arizona pair short notices with quick dockets. Uncontested cases can finish in three to four weeks.
~3-4 weeksModerate states
Illinois, Pennsylvania, North Carolina, Virginia, Tennessee, Washington, and Oregon usually resolve uncontested cases in one to two months.
~30-60 daysSlow states
California, New York, New Jersey, and Massachusetts add longer notices and busy courts, so uncontested cases often run two to four months.
~60-120+ daysContested anywhere
Tenant defenses, jury demands, or appeals extend the timeline in every state, sometimes by months.
Add weeks-monthsTimelines are typical ranges, not guarantees; court backlogs and local rules move them in either direction. Check the linked state page for your jurisdiction.
Security-Deposit Rules by State
Deposit law runs alongside eviction law and trips up many landlords at move-out. The key variables are the maximum deposit, whether interest is owed, and the deadline to return the balance with an itemized statement.
No statutory cap
About half the states set no maximum, including Colorado, Florida, Georgia, Illinois, Ohio, Oregon, Texas, and Washington.
~22 statesTightest caps
New York, Massachusetts, and New Hampshire limit the deposit to one month’s rent; Pennsylvania allows two months in year one, one month after.
1 month maxInterest required
Connecticut, Illinois, Massachusetts, Maryland, Minnesota, New Jersey, New Mexico, New York, and Pennsylvania require deposit interest in some situations.
9 statesReturn deadlines
Most states require return within 14 to 60 days of move-out; missing the deadline can forfeit deductions and expose you to penalties of two to three times the deposit.
14-60 daysBest practice regardless of state: give a written receipt, document move-in condition with photos, run a move-out inspection with the tenant present where possible, itemize every deduction with receipts, and return the balance by the deadline. For the exact cap and return window, use the linked state page.
Landlord-Friendly vs Tenant-Friendly States
States sit on a spectrum. Landlord-friendly states pair short notices with fast dockets and few restrictions on rent and deposits; tenant-friendly states add longer notices, just-cause requirements, rent regulation, and more defenses.
Landlord-friendly examples
- Texas – three-day non-payment notice, fast eviction docket, no rent control, no deposit cap.
- Georgia – file immediately after rent is late, streamlined dispossessory process, no deposit cap.
- Florida – three-day rent notice, 15-day month-to-month termination, expedited procedures.
- Colorado – efficient forcible-entry-and-detainer process and a short 21-day month-to-month termination.
Tenant-friendly examples
- California – statewide rent cap and just-cause eviction after 12 months, longer notices for established tenants.
- New York – the 2019 HSTPA strengthened tenant rights, tiered 30/60/90-day terminations, and rent stabilization in New York City.
- Oregon – statewide rent control, a 90-day no-cause notice after the first year, and relocation rules.
- Massachusetts – a 30-day grace before late fees, a one-month deposit cap, and strict deposit accounting.
Recent Law Changes to Watch
Landlord-tenant law changes constantly, and local ordinances often exceed state rules. Several recent shifts matter for landlords planning an eviction:
New York – good-cause eviction. A growing list of localities (Albany, Kingston, Newburgh, Beacon, and others) require a qualifying reason to end or decline to renew a tenancy, with statewide debate ongoing.
California – AB 1482 rent cap. The Tenant Protection Act caps annual increases and requires just cause after 12 months of tenancy, and lawmakers continue to weigh making it permanent.
Colorado and Oregon – longer notices. Colorado extended its non-payment notice to 10 days, and Oregon now requires 90 days’ notice before a rent increase, with tenant-rights disclosures attached.
Always check local ordinances
Cities such as Seattle, Portland, Chicago, and Philadelphia, and many California municipalities, impose rules that exceed state law – extra notice, relocation assistance, or just-cause requirements. Check the local ordinance in addition to the state statute before you file.
Eviction Records in Tenant Screening: FCRA and Fair Housing
The cheapest eviction is the one you never have to file, which is why an eviction record matters on the screening side too – and using one is heavily regulated. When a screening report surfaces a past eviction, three bodies of law govern what you may do with it: the Fair Credit Reporting Act (15 U.S.C. section 1681 and following), the federal Fair Housing Act, and a fast-growing set of state record-sealing statutes.
An eviction record is a civil court record – the docketed unlawful-detainer or dispossessory case – that screening companies scrape in bulk. The single most important distinction is between a filing and a judgment: many cases are dismissed, settled, or won by the tenant, and a report showing only a filing is not proof the applicant did anything wrong. Under 15 U.S.C. section 1681c an eviction may be reported for seven years from filing, and if you deny, charge more, or add conditions based on the report, section 1681m requires an adverse action notice naming the reporting agency and the applicant’s right to a free copy and to dispute inaccurate data under section 1681i.
The bigger trap is Fair Housing. Eviction status is not itself a protected class, but a blanket “any eviction equals automatic denial” rule can produce a disparate impact on protected groups – Black and Latino renters, and Black women in particular, are evicted at markedly higher rates. In April 2024 HUD’s Office of Fair Housing and Equal Opportunity warned that overbroad screening that ignores individual circumstances is especially likely to have an unjustified discriminatory effect. The defensible posture is an individualized assessment: weigh whether the case ended in a judgment, how old it is, the reason behind it, and the applicant’s record since.
Screen defensibly
- ✓Disclose the screening and get written consent before pulling a report.
- ✓Read the actual court disposition; disregard dismissals and tenant wins.
- ✓Run an individualized assessment on outcome, age, reason, and conduct since.
- ✓Send a written adverse action notice whenever the record drives a denial.
Where landlords slip
- ✕Denying on a bare filing that never became a judgment.
- ✕Relying on a record past the FCRA window or one the state has sealed.
- ✕Running a flat “no evictions ever” ban that ignores circumstances.
- ✕Giving a verbal “no” instead of the required written notice.
State law increasingly limits eviction-record use: California masks unlawful-detainer files at filing (Code of Civil Procedure section 1161.2), New York’s 2019 law bars “blacklisting” based on a past case (Real Property Law section 227-f), and Washington (RCW 59.18.257), Oregon (ORS 90.303), Minnesota, Colorado, Nevada, and New Jersey seal records or shorten look-backs. For the full framework see our FCRA compliance guide for landlords, the Fair Housing Act guide, the adverse action notice guide, and the state overlays in tenant screening laws by state.
Eviction Laws by State: FAQ
What is the fastest state to evict a tenant?
Georgia and Texas are generally the fastest. Georgia allows a landlord to file immediately after rent is late, and Texas requires only a three-day notice, and both run streamlined court dockets. An uncontested eviction in these states can finish in roughly three to four weeks. Contested cases take far longer everywhere, so always confirm the current rule on the linked state eviction page.
How long does the eviction process take?
For an uncontested case, most states run about 30 to 45 days from notice to lockout. Landlord-friendly states such as Texas, Florida, and Georgia can finish in three to four weeks, while tenant-friendly states such as California, New York, and New Jersey commonly take two to five months, longer if the tenant contests or the court is backlogged.
Can I evict a tenant without going to court?
No. In all 50 states you must obtain a court order to remove a tenant. Self-help measures – changing locks, removing belongings, or shutting off utilities – are illegal everywhere and expose the landlord to damages and penalties. The only lawful way a tenant leaves without a court judgment is voluntarily.
What happens if I use the wrong notice period?
Serving the wrong notice type or an incorrect notice period is one of the most common reasons eviction cases are dismissed. A defective notice usually forces the landlord to start over with a proper one, adding weeks or months. Verify your state’s exact notice requirement on its eviction page before serving anything.
Can a tenant stop an eviction by paying the rent owed?
In most states a tenant can cure a pay-or-quit notice by paying the full amount owed before the notice period expires, which generally ends that eviction. Rules vary: some states limit how many times a tenant may cure per year, and accepting rent after filing can waive the case. Once filed, consult an attorney before accepting payment.
Do I need a lawyer to evict a tenant?
In most states a landlord can handle a straightforward non-payment eviction without an attorney, and many courts publish self-help forms. A lawyer is recommended when the tenant is represented or raises defenses, when you are in a tenant-friendly state with complex procedures, or when habitability, retaliation, or discrimination is alleged.
How long does an eviction stay on a tenant screening report?
Under the Fair Credit Reporting Act (15 U.S.C. section 1681c) an eviction case – a civil suit or judgment – may be reported for seven years from the filing date, or until the statute of limitations runs, whichever is longer. Some states seal or shorten access sooner, so a record can disappear from a screening report before the federal window closes.
Can a landlord deny an applicant because of a past eviction?
Generally yes if the record is accurate, within the reporting window, and not sealed – eviction status is not itself a protected class. The danger is a blanket ban: automatically rejecting anyone with any eviction record can create a Fair Housing disparate-impact claim, and several states bar denial based only on a past filing. An individualized assessment is the defensible approach.
What is just cause or good cause eviction?
Just cause or good cause laws require a landlord to have a specific, legally recognized reason to evict or to decline a lease renewal – non-payment, a lease violation, owner move-in, or major renovation. Statewide protections apply in California and Oregon, and various localities in New York, New Jersey, and Washington have their own versions.
Related Landlord and Screening Guides
- Eviction notice laws by state – the notice-specific companion to this hub.
- Cost of eviction by state – filing fees and the real price of removing a tenant.
- FCRA compliance guide for landlords – the federal rules behind eviction-record screening.
- Fair Housing Act guide for landlords – the disparate-impact doctrine that governs a blanket eviction ban.
- Adverse action notice guide – the notice you owe after an eviction-based denial.
- Tenant screening laws by state – the state overlays that seal records and cap look-backs.
- How to screen tenants – the full step-by-step screening workflow that prevents evictions.
- How to accept or reject a rental application – deciding defensibly.
Screen Tenants Before You Ever Need to Evict
The surest way to avoid an eviction is to place a reliable tenant in the first place. Our FCRA-ready reports pull verified eviction and court records with built-in adverse-action support, so you weigh an eviction record the lawful way.
Published by Tenant Screening Background Check · Editorial Team
Established 2004. Our editorial team has spent two decades helping landlords and property managers manage rentals and run lawful, FCRA-compliant tenant screening across all 50 states. We translate state eviction procedure, Fair Housing duties, and federal screening rules into processes you can actually follow.
Legal Disclaimer
This eviction-laws guide is for general informational purposes only and is not legal advice. Eviction procedure, notice periods, deposit rules, and screening restrictions vary by state and locality and change frequently; the figures here are general reference points, current as of 2026, and may not reflect the latest law. Federal statutes referenced include the Fair Credit Reporting Act (15 U.S.C. section 1681 et seq.) and the Fair Housing Act. Before serving any notice, filing an eviction, or acting on an eviction record, consult a licensed attorney in your jurisdiction. Reading this page does not create an attorney-client relationship.
