A 10-day eviction notice form gives tenants 10 days to either comply with the eviction notice and remain in the rental unit, or to move out of the rental unit within the 10-day notice period, and is often used for the following types of evictions: illegal activity, nonpayment of rent, non-compliance with the lease, or termination of tenancy.
Depending on the reason for eviction (and the state) tenants may or may not have the ability to cure (correct) a violation noted on a 10-day eviction notice.
Keep in mind that not all states require a written notice prior to beginning the eviction process.
10-Day Eviction Notices by State
The chart below indicates which states use 10-day eviction notices, what type of eviction the notice is used for, and whether tenants can cure the violation and remain in the rental unit.
|State||10-Day Notice Used For:||Ability to Cure?|
2) Failure to allow landlord access
2) False/misleading information on rental application
3) Termination of tenancy (week-to-week)
2) Depends on item(s) falsified
|Arkansas*||Nonpayment of rent (criminal actions only)||No|
2) Nonpayment of rent
|1) Yes (unless it’s the 2nd violation)
|Hawaii||1) Illegal activity (no immediate danger)
3) Termination of tenancy (anything less than month-to-month)
|Illinois||Non-compliance||Depends on location of rental unit|
|Indiana||Nonpayment of rent (no written lease/not addressed in written lease)||Yes|
|Iowa||Termination of tenancy (week-to-week)||No|
|Kentucky||Expiration of written lease||No|
|Louisiana||Termination of tenancy (month-to-month)||No|
|Missouri*||1) Illegal activity
|North Carolina||Nonpayment of rent||Yes|
|Oklahoma||Nonpayment of rent (more than 3 months’ rent past-due)||Yes|
|Oregon||1) Non-compliance (2nd violation within 6 months)
2) Nonpayment of rent (2nd violation within 6 months)
3) Termination of tenancy (week-to-week)
4) Keeping a Pet Capable of Causing Damage
|Pennsylvania||1) Nonpayment of rent
2) Illegal drug activity
|Rhode Island||Termination of tenancy (week-to-week)||No|
|Tennessee||Termination of tenancy (week-to-week)||No|
Illegal drug activity where perpetrator is not the tenant—5 days’ notice
All other criminal activity—10 days’ notice
Arkansas landlords can pursue either a civil unlawful detainer (eviction) case against tenants who are past-due on rent, or they can pursue a criminal case against tenants for nonpayment of rent.
Civil actions require 3 days’ notice, while criminal actions require 10 days’ notice.
The Most Commonly Used 10-Day Eviction Notice Forms
The most common 10-day eviction notice forms are for:
- Nonpayment of rent
- Illegal activity
- Termination of tenancy
We take a look at each one in more detail below.
Nonpayment of Rent
An eviction notice form for nonpayment of rent explains that the tenant is past-due on their rent payments and will need to move out within a certain number of days.
Some states require the landlord to give tenants an opportunity to pay the overdue rent amount in order to avoid eviction. In that case, the notice should state that the tenant can pay the amount owed within the legally allowed timeframe and remain in the rental unit.
If a tenant fails to pay the past-due amount within the legally allowed timeframe, and remains in the rental unit, the landlord can proceed with the eviction process.
In states where the tenant does not have the ability to avoid eviction through payment of past-due rent, the landlord can proceed with the eviction process if the tenant remains on the property after the notice period expires.
An eviction notice form for non-compliance explains that the tenant has violated a term of the rental agreement/lease, or is non-compliant with tenant requirements in the state’s landlord/tenant laws.
Non-compliance issues could range from having a pet in the rental unit when the lease prohibits pets, to causing damage to the rental unit, and even having too many people living in the rental unit.
Some states require the landlord to give tenants an opportunity to cure the violation in order to avoid eviction. In that case, the notice should state that the tenant can avoid eviction by performing specific actions within the legally allowed timeframe and remain in the rental unit.
If a tenant fails to comply with the eviction notice requirements within the legally allowed timeframe, and remains in the rental unit, the landlord can proceed with the eviction process.
In states where the tenant does not have the ability to avoid eviction by curing the violation, the landlord can proceed with the eviction process if the tenant remains on the property after the notice period expires.
An eviction notice form for illegal activity explains that the tenant will be evicted for their involvement in some type of illegal activity.
Most states don’t allow a tenant to avoid eviction in this situation, although some states will halt an eviction if the tenant can prove they were not involved in the illegal activity and that they were unaware that their guests or other occupants of the rental unit were involved in illegal activity.
Termination of Tenancy
When a landlord wants to end a tenancy, such as week-to-week or month-to-month, the landlord must typically give tenants notice before evicting them. This can also include tenants without a written lease, periodic tenancies, and/or at-will tenants.
With this type of notice, typically the tenant has done nothing wrong, but the landlord simply doesn’t want to renew the lease/rental agreement for whatever reason.
Typically, this type of notice is not curable, meaning tenants will have to move out.
The amount of time required in the notice may depend on when rent is due (the rental period), the type of tenancy, and/or how long the tenant has lived in the rental unit.