Updated April 16, 2024
An eviction notice for illegal activity is sent by a landlord if the tenant has performed an illegal act on the premises. This type of notice commonly requires the tenant to vacate the premises immediately (depending on state law). In addition, the lease would be terminated between the parties.
Common Illegal Acts
- Drug use
- Harassment
- Prostitution
- Stealing
- Violence
State Laws
| State | Notice Period for Illegal Activity | Statute |
| Alaska | 5 days | Sec. 34.03.220 |
| California | 3 days | § 1161 (4) |
| Delaware | Immediate | § 5513(b) |
| Illinois | 5 days | 740 ILCS 40/11 & 765 ILCS 705/5 |
| Iowa | 3 days | § 52A.27A |
| Maryland | 14 days | 8-402.1(B) |
| Michigan | 24 hours | § 554.134(4) |
| Oklahoma | Immediate | § 132 (C) & (D) |
| Oregon | 24 hours | (§ 90.396 & 90.398) |
| Rhode Island | 24 hours | § 34-18-36 |
| Tennessee | 3 days | § 66-28-517 |
| Utah | 3 days | § 78B-6-802(2) |
| Vermont | 14 days | § 4467 |
| Washington | 3 days | § 59.12.030(5) |
| Washington D.C. | 30 days | § 42–3505.01(e) |
| West Virginia | Immediate | §55-3A-1 |
FAQs
What are common types of illegal activity that can trigger an Eviction Notice?
Commonly occurring illegal activities are listed below:
- The tenant has allowed controlled substances on the premises of the property (drugs). In addition, the use, sale, manufacture, or distribution of controlled substances.
- The tenant has allowed prostitute-related activities to occur on the property or has allowed prostitution.
- The tenant has unlawfully possessed a firearm that resides on the property or has unlawfully used a firearm on the premises of the property.
- The tenant has obtained stolen property or property acquired through a robbery on the premises of the property.
- The tenant has shown evidence of violence, harassment, verbal abuse, or made threats.
- The tenant has completed the application process fraudulently.
Can an illegal activity occurring off the property be a cause for an Eviction Notice?
Illegal activity occurring off the property can be cause for eviction. However, this is dependent on local state laws and if the rental contract includes clauses and covenants advising tenants to refrain from such activity on the property.
Can medical or legalized marijuana be subject to an Eviction Notice?
The legality of marijuana is dependent on state laws. Currently, marijuana is illegal at a federal level. However, medical and recreational Marijuana is available in most states.
A landlord will want to consult with legal counsel to ensure they are not discriminating against those who may need it medically and what clauses can be added to ensure illegally possessed drugs are still being addressed in the rental agreement.