How long is the notice for unpaid rent?
In 27 of the 31 verified states, a notice with a set number of days has to run before an eviction case for unpaid rent can be filed. Here is how those periods break down.
| Notice before filing | Verified states |
|---|---|
| No pre-filing notice | New Jersey, South Dakota, West Virginia |
| 3 days | California, Connecticut, Florida, Georgia, Iowa, Kansas, Montana, North Dakota, Ohio, Texas |
| 5 days | Arizona, Illinois, South Carolina |
| 7 days | Delaware, Maine, Michigan |
| 10 days | Colorado, Indiana, Maryland, North Carolina, Oregon |
| 14 days | Massachusetts, Minnesota, New York, Vermont, Virginia, Washington |
| No fixed number | Missouri |
The number of days is only half of the rule. Some states count business or court days, some only let you serve the notice after a waiting period, and several let the lease change the period. Each state page spells out the condition and works through an example timeline.
Grace periods and late-fee caps
A grace period and a late-fee cap are separate rules. Among the verified states, these set a statutory grace period before a late fee:
- Colorado — 7 days
- Connecticut — 9 days
- Delaware — 5 days
- Maine — 15 days
- Massachusetts — 30 days
- New York — 5 days
- North Carolina — 5 days
- Oregon — 4 days
- Texas — 2 days
- Washington — 5 days
And these set a statutory limit on the fee itself:
- Colorado — Greater of $50 or 5% of the past-due rent payment
- Connecticut — Lesser of $5/day up to $50, or 5% of the delinquent rent (tenant's share if subsidized); one late charge per payment
- Delaware — 5% of monthly rent
- Iowa — Rent up to $700/month: $12/day, max $60/month. Rent over $700/month: $20/day, max $100/month
- Maine — 4% of one month's rent
- Maryland — 5% of the unpaid rent due for the rental period; weekly leases: $3 per week, $12 per month
- Minnesota — 8% of the overdue rent payment
- New York — Lesser of $50 or 5% of the monthly rent
- North Carolina — Greater of $15 or 5% of monthly rent (weekly rent: greater of $4 or 5%)
- Oregon — One of: a reasonable flat fee once per period; a daily fee up to 6% of that reasonable flat fee; or 5% of periodic rent per 5-day period of delinquency
- Texas — Presumed reasonable: 12% of monthly rent (structure with 4 or fewer units) or 10% (more than 4 units)
- Virginia — Lesser of 10% of the periodic rent or 10% of the remaining balance due
Before you rely on any of this
Cities and counties can be stricter than their state. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state. And a figure marked unverified comes from secondary sources: open its state page and read the linked source first.