What Is An Eviction Notice for Illegal Activity (Notice to Quit)?
An eviction notice for illegal activity (notice to quit) is a notice from a landlord to a tenant informing them they must vacate the property because they committed an unlawful act. Depending on the jurisdiction, the notice may be immediate or for a specific number of days. Because this notice is for illegal activity, it effectively terminates the lease agreement.
What Illegal Acts May Result in Eviction?
You may have cause for eviction if your tenant participates in any of the following illegal acts:
- Violence or assault
- Theft
- Illegal possession or discharge of a firearm
- Drug distribution or manufacturing
- Violations of local noise ordinances or health and safety codes
- Harassment or verbal abuse
- Prostitution
- Fraud during the application process
Eviction Notice Periods for Illegal Activity by State
| State | Notice Period for Illegal Activity | Statute |
|---|---|---|
| Alaska | 5 days | Alaska Stat. § 34.03.220 |
| California | 3 days | Cal. Code Civ. Proc. § 1161 |
| Delaware | Immediate | Del. Code tit. 25 § 5513 |
| District of Columbia | 30 days | D.C. Code § 42-3505.01 |
| Illinois | 5 days | 740 ILCS 40/11 and 765 ILCS 705/5 |
| Iowa | 3 days | Iowa Code § 562A.27 |
| Maryland | 14 days | Md. Code, Real. Prop. § 8-402.1 |
| Michigan | 24 hours | Mich. Comp. Laws § 554.134 |
| Oklahoma | Immediate | Okla. Stat. tit. 41 § 132 |
| Oregon | 24 hours | ORS § 90.398 and ORS 90.396 |
| Rhode Island | 24 hours | R.I. Gen. Laws § 34-18-36 |
| Tennessee | 3 days | TN Code § 66-28-517 |
| Utah | 3 days | Utah Code § 78B-6-802 |
| Vermont | 14 days | Vt. Stat. tit. 9 § 4467 |
| Washington | 3 days | Wash. Rev. Code § 59.12.030 |
| West Virginia | Immediate | W. Va. Code § 55-3A-1 |
Can I Evict a Tenant Even If Their Illegal Activity Occurs Away from the Property?
It depends on the circumstances. If the tenant’s illegal activity is severe enough to threaten other residents or ruin the property’s reputation, a landlord may have cause for eviction. Please check your local landlord-tenant laws and follow the proper eviction process to prevent legal issues.
Can Recreational and Medical Marijuana Be Subject to an Eviction Notice?
Yes, but only if the lease specifically bans the use of marijuana on the property, even if it’s legal where the property resides. Landlords can create lease terms that reflect their preferred uses for the property, allowing them to ban marijuana use. If a tenant breaks this lease term, the landlord can issue an eviction notice.
It is important to note that banning medical marijuana could put the landlord at risk for not making reasonable accommodations for a tenant with a disability, thus placing the landlord at risk of breaching the Fair Housing Act.
Is It Illegal to Evict Someone Without Notice?
Yes. Most states have landlord-tenant laws that criminalize landlords evicting tenants without proper notice. The notice periods vary between jurisdictions, so you must check your local laws. Please note that some states let landlords evict tenants immediately if they’ve committed illegal activity, but they still must deliver a written notice.
