Lease termination notice requirements depend on the state and the specific notice reason. For example, Florida's unpaid-rent provision uses three days excluding Saturdays, Sundays and legal holidays, according to The Florida Senate.
Lease termination notice: the state-specific answer
The timing, cure periods and wording rules for a residential tenancy notice vary by jurisdiction and by the reason for the notice. A landlord cannot apply one state's rule as a nationwide standard. The specific provision cited must match the state and the notice reason.
In Florida, the statute addresses the situation where a tenant fails to pay rent when due. If the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement, according to The Florida Senate. This rule specifically excludes weekends and legal holidays from the three-day count. The trigger for this period is the delivery of the written demand.
Other states have different structures. Washington requires at least twenty days' notice for a tenant's periodic-tenancy departure, with an exception for qualifying military orders. Arizona distinguishes between a five-day cure period for health and safety issues and a ten-day period for repeat noncompliance. Virginia provides for a termination date no less than thirty days after the notice is received for certain nonremediable breaches. Ohio requires a conspicuous warning in the notice.
When organizing source requirements, record the state, the notice reason and whether time runs from delivery or from when the notice is received. Do not assume that a stated notice period guarantees possession or a successful eviction. The specific notice an individual landlord should serve in a specific case depends on the applicable jurisdiction and the specific facts of the tenancy. Keep the source wording and relevant dates together in your records.
Key takeaways for what lease termination notice requirements differ by state?
- Washington tenant departure: A tenant ending a periodic tenancy must give written notice of 20 days or more before the end of the rental period, according to Washington State Legislature.
- Florida weekly tenancy: For week-to-week tenancies, notice of not less than 7 days is required prior to the end of any weekly period, according to The Florida Senate.
- Arizona health and safety: Landlords may deliver notice specifying the breach and stating termination will occur on a date not less than 5 days after the notice is received if the health and safety breach is not remedied in 5 days, according to Arizona State Legislature.
- Virginia nonremediable breach: For breaches that are not remediable, the notice must state the agreement will terminate on a date not less than 30 days after the notice is received, according to Virginia Law.
- Ohio warning language: Notices to recover residential premises must contain specific language printed or written in a conspicuous manner, according to Ohio Laws.
Record the specific notice reason and whether time runs from delivery or from when the notice is received for each state in your tenancy file.
Separate tenant departures from landlord breach notices
When organizing a tenancy notice, distinguish a tenant’s periodic-tenancy departure from a landlord’s breach notice. Washington State Legislature rules address the tenant’s written notice to end a month-to-month tenancy. According to Washington State Legislature, when premises are rented for an indefinite time with monthly or other periodic rent reserved, the tenancy is construed as a tenancy from month to month, or from period to period on which rent is payable. This tenancy ends by written notice of 20 days or more, preceding the end of any of the months or periods of tenancy, given by the tenant to the landlord. The notice must be written and must precede the end of the tenancy period.
A specific exception applies to members of the armed forces. According to Washington State Legislature, any tenant who is a member of the armed forces, including the national guard and armed forces reserves, or that tenant's spouse or dependent, may end a rental agreement with less than 20 days' written notice. This exception applies if the tenant receives permanent change of station or deployment orders that do not allow a 20-day written notice. The provision names the specific military status and the specific orders that trigger the reduced notice period.
State notice requirements reference table
The following table lists the specific notice requirements for five states, using the exact timing, cure, or wording triggers found in each source.
| Publisher | State | Notice Reason | Timing/Cure | Wording/Trigger |
|---|---|---|---|---|
| Washington State Legislature | Washington | Periodic tenant departure | 20 days or more | Written notice preceding the end of any month or period |
| The Florida Senate | Florida | Weekly tenancy | Not less than 7 days | Notice prior to the end of any weekly period |
| Arizona State Legislature | Arizona | Health and safety noncompliance | Not less than five days after the notice is received if the breach is not remedied in five days | Written notice specifying acts and omissions |
| Virginia Law | Virginia | Nonremediable breach | Not less than 30 days after the notice is received | Written notice specifying acts and omissions |
| Ohio Laws | Ohio | Recover residential premises | Not specified in excerpt | Conspicuous language: "You are being asked to leave the premises." |
For Washington, the tenancy ends by written notice of 20 days or more, given by the tenant to the landlord, preceding the end of any of the months or periods of tenancy, according to Washington State Legislature. In Florida, when the tenancy is from week to week, the notice must be given not less than 7 days prior to the end of any weekly period, according to The Florida Senate.
Distinguish Florida delivery dates from excluded days
Florida’s tenancy termination rules vary by the specific reason for the notice and the type of tenancy. The timing and counting methods differ between a weekly tenancy departure, a curable breach, repeated conduct, and unpaid rent. Weekly departure, a curable breach and unpaid rent each use a day count with its own start point, while repeated conduct uses a 12-month window and termination without further warning.
For a tenancy that is from week to week, notice is given not less than 7 days prior to the end of any weekly period, according to The Florida Senate. This requirement applies specifically to the weekly tenancy structure described in the source.
When noncompliance is of a nature that the tenant should be given an opportunity to cure it, the landlord must deliver a written notice to the tenant specifying the noncompliance. The notice must include a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof, according to The Florida Senate. The operative cure sentence counts the seven-day period from the date the written notice is delivered, while the statutory demand sentence counts those 7 days from when the notice is received.
The cure demand wording says to remedy the noncompliance within 7 days of the notice being received or the lease shall be deemed terminated and you shall vacate the premises upon such termination, according to The Florida Senate. This specific phrase counts the seven-day cure period from when the notice is received.
If the same conduct or conduct of a similar nature is repeated within 12 months, the tenancy is subject to termination without further warning and without the tenant being given an opportunity to cure the noncompliance, according to The Florida Senate. This provision addresses repeat behavior within a one-year window.
If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement, according to The Florida Senate. The three-day count for unpaid rent explicitly excludes weekends and legal holidays.
The notice requirements of subsections (1)-(3) may not be waived in the rental agreement, according to The Florida Senate. This prohibition applies to the specific subsections referenced in the source.
Annotate the notice record with the specific trigger date, whether delivery or when the notice is received, and the applicable exclusion rules for the stated notice reason.
Separate Arizona cure periods from Virginia nonremediable breaches
Arizona and Virginia treat tenant noncompliance differently based on whether the breach can be fixed. In Arizona, the specific timing depends on the type of violation and whether it is a first or repeat offense. The Arizona State Legislature outlines distinct notice periods for health and safety issues and for repeated conduct.
If a tenant’s noncompliance with section 33-1341 materially affects health and safety, the landlord may deliver a written notice specifying the acts and omissions constituting the breach, according to Arizona State Legislature. This notice must state that the rental agreement will terminate on a date not less than five days after the notice is received if the breach is not remedied in five days. This five-day window serves as the cure period for this specific category of noncompliance.
For repeat offenses, the timeline changes. If there is an additional act of these types of noncompliance of the same or a similar nature during the term of the lease after the previous remedy, the landlord may institute a special detainer action pursuant to section 33-1377, according to Arizona State Legislature. The landlord may institute the special detainer action ten days after delivery of a written notice advising the tenant that a second noncompliance of the same or a similar nature has occurred. The distinction between the initial five-day cure and the ten-day notice for repeat conduct is critical for organizing the record.
A key condition in Arizona is the effect of an adequate remedy. If the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement will not terminate, according to Arizona State Legislature. This provision explicitly prevents termination if the tenant cures the issue within the stated timeframe.
When organizing your notice records, keep the Arizona five-day health and safety cure separate from the ten-day repeat noncompliance notice. Also, distinguish the Arizona adequate remedy condition, which stops termination if the breach is fixed, from the Virginia thirty-day rule for nonremediable breaches. Each state's rule applies to different types of tenant conduct and uses different triggers, such as delivery or when the notice is received, to start the clock.
Keep the source wording and relevant dates together
When drafting a notice to recover residential premises, the specific language required by the state must be included in a conspicuous manner. In Ohio, every notice given by a landlord to recover residential premises shall contain the language "You are being asked to leave the premises" printed or written in a conspicuous manner, according to Ohio Laws. The same provision states that if the tenant does not leave, an eviction action may be initiated against you, according to Ohio Laws.
The excerpt from Ohio Laws does not establish the complete required notice text beyond these specific phrases. You should not assume that other standard lease clauses or additional legal boilerplate are automatically included in this specific warning requirement. The scope of this requirement is limited to the conspicuous language regarding the request to leave and the potential initiation of an eviction action.
To maintain accurate records, copy the exact wording from the source into the notice you prepare. Verify that the phrase "You are being asked to leave the premises" appears in a font size or style that distinguishes it from the surrounding text, as the source requires it to be printed or written in a conspicuous manner. Also, ensure the sentence "If you do not leave, an eviction action may be initiated against you" is present, according to Ohio Laws.
| State | Notice Trigger | Required Wording | Source |
|---|---|---|---|
| Ohio | Landlord recovery of residential premises | "You are being asked to leave the premises" | Ohio Laws |
| Ohio | Landlord recovery of residential premises | "If you do not leave, an eviction action may be initiated against you." | Ohio Laws |
Annotate the notice you prepare with the exact Ohio phrases and verify their conspicuous formatting before sending.
Related guides
FAQ: state-specific tenancy notice records
What lease termination notice requirements vary by state?
Notice requirements differ by state and the specific reason for termination. Washington requires written notice of 20 days or more for a periodic tenancy to end, according to Washington State Legislature. Florida uses a seven-day notice for weekly tenancies, according to The Florida Senate. Arizona provides that a rental agreement will not terminate if the tenant adequately remedies a remediable breach before the date specified in the notice, according to Arizona State Legislature. Ohio notice excerpts include a statement that an eviction action may be initiated if the tenant does not leave, according to Ohio Laws.
Does Florida's seven-day weekly-tenancy notice apply to a tenancy with a specific duration?
The quoted provision applies when the tenancy is from week to week. The rule requires giving not less than 7 days’ notice prior to the end of any weekly period, according to The Florida Senate.
How does Florida count the three days after an unpaid-rent demand?
Florida counts three days after delivery of a written demand for payment of rent or possession of the premises. The count excludes Saturday, Sunday, and legal holidays, according to The Florida Senate. If the default continues for these three days, the landlord may terminate the rental agreement, according to The Florida Senate.
When does the supplied Arizona provision say a remedied breach will not terminate the agreement?
The agreement will not terminate if the tenant adequately remedies the breach before the date specified in the notice. This applies when the breach is remediable by repair, the payment of damages, or otherwise, according to Arizona State Legislature.
What does the Ohio notice excerpt say about a possible eviction action?
The excerpt states that if you do not leave, an eviction action may be initiated against you, according to Ohio Laws.