An eviction notice form for illegal activity is a form that landlords give to their tenants explaining that the tenant will be evicted for their involvement in some type of illegal activity.
Not all states require a written notice for tenants being evicted due to illegal activity, and the remaining states vary in the amount of time they require for the notice period. 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 unaware that their guests or other occupants were involved in illegal activity.
Evictions for Illegal Activity by State
The chart below indicates the various types of illegal activities each state would consider as a valid reason to terminate the lease/rental agreement, as well as the amount of notice required before the eviction process can proceed.
State | Illegal Activity Includes: | Required Notice Period |
Alabama | 1) Illegal drug activity
2) Criminal assault 3) Illegal firearm activity |
7 days |
Alaska | 1) Prostitution
2) Illegal activity involving alcoholic beverages 3) Illegal activity involving gambling 4) Illegal drug activity 5) Illegal activity involving imitation controlled substances |
24 hours to 5 days |
Arizona | 1) Illegal discharge of weapon
2) Homicide 3) Prostitution 4) Criminal street gang activity 5) Illegal drug activity 6) Threatening/intimidating others 7) Assault 8) Activity that jeopardizes health/safety/ welfare of landlord/landlord’s agent/ other tenants |
Tenant must move out immediately |
Arkansas | 1) Criminal offenses
2) Illegal gambling 3) Prostitution 4) Illegal sale of alcohol |
No notice required |
California | 1) Criminal threats/activity
2) Illegal drug activity 3) Illegal firearm activity 4) Dogfighting 5) Unlawful business activity |
3 days |
Colorado | 1) Violent felony
2) Drug-related felony 3) Criminal act that carries 180-day (or more) penalty AND is a public nuisance under state/local law |
3 days |
Connecticut* | 1) Illegal gaming activity
2) Prostitution 3) Illegal sale of drugs on premises 4) Threat of bodily harm/actual bodily harm to tenants/landlord |
None/3 days |
Delaware | Conviction of class A misdemeanor or felony which causes/threatens to cause irreparable harm to person/property | No notice required |
Florida | Not defined | 7 days |
Georgia | 1) Prostitution
2) Other criminal acts |
Not specified |
Hawaii* | Use of rental unit for illegal purpose/nuisance | None/5/10 days |
Idaho | Unlawful delivery/production/use of a controlled substance on the rental premises | 3 days |
Illinois | All Class X felonies:
1) Aggravated kidnapping 2) Aggravated battery with a firearm 3) Aggravated battery of a child 4) Home invasion 5) Aggravated criminal sexual assault 6) Predatory criminal sexual assault of a child 7) Armed robbery 8) Aggravated vehicular hijacking 9) Aggravated arson 10) Possession of a controlled substance with intent to deliver |
5 days |
Indiana* | 1) Illegal drug activity
2) Prostitution 3) Waste |
None/45 days
|
Iowa | 1) Physical assault
2) Illegal use/possession of firearm 3) Illegal possession of controlled substance |
3 days |
Kansas | Not defined | 30 days |
Kentucky | Not defined | Varies by location |
Louisiana | Not defined | 5 days |
Maine | Verbal leases:
1) Domestic violence 2) Stalking 3) Sexual assault 4) Violence/threat of violence against tenant/landlord/landlord’s agent 5) Other violation of the law All leases: Prostitution |
7 days (at-will tenants)
Otherwise, notice period written in lease |
Maryland | Not defined | 30 days (at-will tenants)
Otherwise, notice period written in lease |
Massachusetts | 1) Prostitution
2) Illegal gaming 3) Illegal keeping or sale of alcohol 4) Illegal possession/sale/manufacture of controlled substances 5) Illegal possession of weapon or explosive/incendiary device |
7 days (day-to-day/week-to-week tenants)
Not specified (all other tenants) |
Michigan | 1) Illegal drug activity AND formal police report filed
2) Threat of physical harm while on rental property |
24 hours (illegal drug activity)
7 days |
Minnesota | 1) Prostitution
2) Illegal possession/sale/distribution/ manufacture of controlled substances 3) Unlawful use/possession of firearm 4) Storage of stolen property on the rental premises |
Specified in written lease |
Mississippi* | Illegal activity (as documented by a law enforcement agency) | None/14 days |
Missouri* | 1) Illegal gaming
2) Prostitution 3) Illegal possession/sale/distribution of a controlled substance 4) Physical injury to other tenants/landlord 5) Property damage exceeding 12 months’ rent |
None/5/10 days |
Montana | 1) Criminal production/manufacture of dangerous drugs
2) Operation of unlawful clandestine laboratory 3) Gang-related activities 4) Unlawful possession of firearm, explosive, or hazardous toxic substance 5) Any other illegal activity |
3 days |
Nebraska | 1) Other criminal activity harming people/ property
2) Illegal sale/possession of a controlled substance 3) Physical assault/threat of physical assault 4) Illegal use of/threat to use a firearm/weapon |
5 days |
Nevada | 1) Illegal possession/use/distribution/ manufacture of a controlled substance
2) Setting up unlawful business 3) Criminal gang activity |
3 days |
New Hampshire | Not defined | 7 days |
New Jersey | 1) Use/possession/manufacture/distribution/ dispensing of a controlled dangerous substance or “analog”
2) Use/possession/manufacture/distribution/ dispensing of drug paraphernalia 3) Human trafficking 4) Theft from landlord/tenants/rental property 5) Assault/threat against landlord/landlord’s family/agents 6) Prostitution |
3 days |
New Mexico | 1) Illegal use/possession/sale/ distribution/manufacture of controlled substances
2) Unlawful use of a deadly weapon 3) Sexual assault 4) Unlawful action that causes serious harm 5) Entry with intent to commit theft/assault 6) Theft/attempted theft using force 7) Intentional/reckless property damage of $1,000 or more |
3 days |
New York | 1) Prostitution
2) Illegal trade/business/manufacture |
No written notice required |
North Carolina | 1) Illegal use/possession/sale/manufacture of controlled substances
2) Criminal activity that affects health/safety/peaceful enjoyment of other tenants |
No written notice required |
North Dakota | Not defined | 3 days |
Ohio | 1) Illegal drug activity
2) Registered sex offenders living within 1,000 feet of a school, preschool, or childcare center. |
3 days |
Oklahoma | 1) Drug-related criminal activity
2) Criminal activity that affects health/safety/peaceful enjoyment of other tenants |
No written notice required |
Oregon | 1) Prostitution
2) Burglary 3) Bias crimes 4) Illegal manufacture/delivery/ possession of a controlled substance 5) Manufacture of a cannabinoid extract without a license 6) Inflicting “substantial” injury on people/ property |
24 hours |
Pennsylvania | 1) 1st conviction for Illegal sale/manufacture/distribution of controlled substance
2) 2nd violation of Controlled Substances Act of 1972 3) If illegal drugs are seized by law enforcement |
10 days |
Rhode Island | 1) Murder
2) Arson 3) Rape 4) Manslaughter 5) Sexual assault 6) Kidnapping 7) Felony assault 8) Assault with dangerous weapon 9) Mayhem 10) Manufacture/sale/delivery of controlled substance 11) Maintaining rental unit as narcotics nuisance |
No written notice required |
South Carolina | Not defined | No written notice required |
South Dakota | Not defined | Not specified |
Tennessee | 1) Endangers the health/safety/welfare of others
2) Violent acts |
3 days |
Texas | Criminal acts | 3 days |
Utah | 1) Illegal business
2) Criminal acts 3) Gambling 4) Illegal street gang activity 5) Prostitution 6) Illegal weapons violations 7) Illegal sale/manufacture/distribution/ storage of a controlled substance 8) Nuisances 9) Property damage 10) Violence against others |
3 days |
Vermont | 1) Criminal activity
2) Illegal drug activity 3) Violent acts affecting health/safety of residents in the rental unit |
14 days |
Virginia | 1) Criminal activity
2) Illegal drug activity 3) Violent acts affecting health/safety of residents in the rental unit |
No written notice required |
Washington* | 1) Illegal drug activity
2) Physical assault that results in an arrest 3) Unlawful use of firearm or deadly weapon that results in an arrest 4) Gang-related activity 5) Waste 6) Nuisance 7) Unlawful business 8) Other criminal activity |
None/3 days |
West Virginia | Not defined | No written notice required |
Wisconsin | 1) Criminal activity
2) Illegal drug activity 3) Violent acts affecting health/safety of residents in the rental unit OR the surrounding neighborhood |
5 days |
Wyoming | Not defined | 3 days |
Washington, D.C. | Any illegal act performed within the rental unit. | 30 days |
Washington
Illegal drug activity, physical assault resulting in arrest, or unlawful use of a firearm resulting in arrest—no notice
All other criminal activity—3 days’ notice
Missouri
Physical assault/property damage—no notice
Illegal drug activity where perpetrator is not the tenant—5 days’ notice
All other criminal activity—10 days’ notice
Mississippi
Illegal activity that materially affects health/safety—no notice
All other criminal activity—14 days’ notice
Indiana
Illegal drug activity–45 days’ notice
All other criminal activity—no notice
Hawaii
Illegal activity that causes immediate danger—no notice
All other criminal activity—10 days’ notice
Connecticut
Convictions for illegal gaming or prostitution—no notice
All other instances—15 days’ notice
Illegal Activity Not Defined
Some states don’t define what they consider to be illegal activity at the state level.
This could be because:
- Illegal activity isn’t addressed in the state landlord/tenant laws
- Illegal activity is addressed as a breach/violation of the rental agreement
- Illegal activity isn’t a reason for eviction at the state level
- Cities/counties use their local definitions of illegal activity for evictions