A 10 Day Eviction Notice Form schedules the termination of a tenancy by giving 10 days of advance notice before the tenant must move out.
Depending on the state and the specific rental situation, it may apply to “curable” situations (ones where the tenant can avoid termination through appropriate corrective action), like minor lease violations or nonpayment of rent. In some other situations, like terminating a week-to-week tenancy or evicting for illegal activity, the tenant cannot avoid termination and must move out.
10 Day Eviction Notices by State
This chart indicates which states use 10-day eviction notices, the situations which apply to this type of notice, and whether the tenant can “cure” the situation to avoid termination:
| State | Terminates What Kind of Tenancy? | Ability to Cure? |
| Alaska | 1) Tenancy in noncompliance
2) Tenancy refusing to allow lawful access to the premises |
1) Yes
2) No |
| Arizona | 1) Tenancy in noncompliance
2) Tenancy which presented false/misleading information on the rental application 3) Week-to-week tenancy |
1) Yes
2) Depends on item(s) falsified 3) No |
| Arkansas * | Tenancy being pursued for criminal nonpayment of rent | No |
| Colorado | 1) Tenancy in noncompliance
2) Tenancy with nonpayment of rent |
1) Yes (unless it’s the 2nd violation)
2) Yes |
| Hawaii | 1) Tenancy ending due to illegal activity not presenting immediate danger
2) Tenancy in noncompliance 3) Any tenancy with a shorter rental period than month-to-month |
1) No
2) Yes 3) No |
| Illinois | Tenancy in noncompliance | Depends on location of rental unit |
| Indiana | Tenancy with nonpayment of rent, IF there is no written lease provision on nonpayment | Yes |
| Iowa | Week-to-week | No |
| Kentucky | Tenancy with expired written lease | No |
| Louisiana | Month-to-month | No |
| Maryland | Tenancy with nonpayment of rent | Yes |
| Missouri * | 1) Tenancy ending due to illegal activity
2) Tenancy in noncompliance |
1) No
2) No |
| New York | Tenancy in noncompliance | Yes |
| North Carolina | Tenancy with nonpayment of rent | Yes |
| Oregon | 1) Tenancy in noncompliance (2nd violation within 6 months)
2) Tenancy with nonpayment of rent (2nd violation within 6 months) 3) Week-to-week tenancy 4) Tenancy keeping a pet capable of causing damage |
1) No
2) No 3) No 4) Yes |
| Pennsylvania | 1) Tenancy with nonpayment of rent
2) Tenancy ending due to illegal drug activity |
1) Yes
2) No |
| Rhode Island | Week-to-week | No |
| Tennessee | Week-to-week | No |
| Washington | Tenancy in noncompliance | Yes |
States With Special or Additional Requirements for a 10 Day Eviction Notice
Arkansas
Unlike most states, Arkansas allows a landlord to pursue a criminal (rather than civil) case against tenants for nonpayment of rent. A civil eviction for nonpayment of rent requires 3 days of advance notice, while a criminal action requires 10 days of advance notice.
Missouri
In Missouri, eviction for most criminal activity on the premises requires 10 days of advance notice. However, only 5 days is required for the specific case of illegal drug activity, if the tenant is not the perpetrator.
Common Uses of a 10-Day Eviction Notice
These are most common situations for a 10 Day Eviction Notice to terminate a tenancy:
- Nonpayment of rent
- Tenancy in noncompliance
- Illegal activity
- General termination (particularly of a week-to-week tenancy)
Nonpayment of Rent
An eviction notice form for nonpayment of rent explains that the tenant has left some or all of the rent unpaid and will need to move out within a certain number of days. In most (but not all) states, the tenant may pay the balance due before the specified date, avoiding termination and eviction.
If the tenant does not pay the past due amount, or lives in a state where the landlord does not have to accept payment, then the landlord can proceed with the eviction process if the notice period expires and the tenant still hasn’t moved out.
Tenancy in Noncompliance
An eviction notice form for a tenancy in noncompliance explains that the tenant has violated a term of the rental agreement, or a local law. This might be for relatively minor issues like having a pet in the rental unit against regulations or parking in an unauthorized area, but can also apply to more serious situations like causing property damage.
Depending on the state and the issue, the situation may or may not be “curable.” A curable situation is one where the tenant can take appropriate corrective action by a specified deadline in order to avoid termination and eviction. If the tenant is not allowed to cure, or fails to cure by the deadline, the tenant must move out or face court eviction.
Illegal Activity
An eviction notice form for illegal activity explains that the tenant will be evicted for their involvement in some type of illegal act.
Since criminal acts are not something which the tenant can undo through corrective action, tenants generally can’t avoid being evicted for illegal activity. Some states will, however, halt an eviction if the tenant can prove their unawareness and lack of involvement in the illegal activity.
General Termination of Tenancy
When a landlord wants to end a tenancy, in particular a periodic tenancy like week-to-week, the landlord must give notice in order to terminate the rental obligations. This may also include rental situations without a written lease, and/or “at-will” tenancies.
With this type of notice, typically the tenant has done nothing wrong, and the landlord simply doesn’t want to renew the lease/rental agreement for whatever reason.
