How many days does a tenant get to pay late rent?

It depends on the state. Across the 48 states and the District of Columbia where Seayora holds a published statute, the answer ranges from 3 days to 14 days. The table below gives the figure for each, with the statute it comes from.

Notice before a nonpayment case, state by state

StateNotice before a nonpayment caseSource
Alabama7 business days to payAla. Code §§ 35-9A-441, 35-9A-303, 35-9A-421
Alaska7 days to payAlaska Stat. §§ 34.03.290(b), 34.03.140(c), 34.03.220(b)
Arizona5 days to payA.R.S. §§ 33-1375, 33-1343, 33-1368
Arkansas3 days (notice to vacate)Ark. Code §§ 18-17-704(b), 18-60-304
California3 business days to payCal. Civ. Code §§ 827, 1946.1, 1954; CCP § 1161
Colorado10 days to payC.R.S. §§ 38-12-701, 13-40-104, 13-40-107
Connecticut3 days (notice to vacate)Conn. Gen. Stat. §§ 47a-16, 47a-23, 47a-15a
Delaware5 days to pay25 Del. C. §§ 5106(d), 5107, 5509(b), 5502(a)
District of Columbia10 days to payD.C. Code §§ 42-3502.08, 42-3505.51, 42-3505.01
Florida3 business days to payFla. Stat. §§ 83.57, 83.53, 83.56
Georgia3 business days to payO.C.G.A. §§ 44-7-7, 44-7-50(c)
Hawaii10 days to payHaw. Rev. Stat. §§ 521-21(d), 521-71(a), 521-53(b), 521-68 (as amended by Act 278, SLH 2025)
Idaho3 days to payIdaho Code §§ 55-307(3), 55-208(1), 6-303(2)
Illinois5 days to pay735 ILCS 5/9-207, 5/9-209
Indiana10 daysInd. Code §§ 32-31-1-1, 32-31-1-6, 32-31-5-6
Iowa3 days to payIowa Code §§ 562A.34, 562A.19, 562A.27
Kansas3 days to payK.S.A. §§ 58-2570(b), 58-2564(b), 58-2557
Kentucky7 days to payKRS §§ 383.500, 383.695, 383.615, 383.660(2)
Louisiana5 days (notice to vacate)La. Civ. Code art. 2728; La. Code Civ. Proc. art. 4701
Maine7 days to pay14 M.R.S. §§ 6002, 6015, 6025
Maryland10 daysMd. Code, Real Prop. §§ 8-208.1, 8-401
Massachusetts14 daysM.G.L. c. 186, §§ 11–12
Michigan7 daysMCL 554.134; MCL 600.5714
Minnesota14 daysMinn. Stat. §§ 504B.135, 504B.211, 504B.321
Mississippi3 days to payMiss. Code §§ 89-8-19(3), 89-8-13(5)
Montana3 days to payMont. Code §§ 70-24-441(2), 70-24-312(3), 70-24-422(2)
Nebraska7 days to payNeb. Rev. Stat. §§ 76-1437(2), 76-1423(3), 76-1431(2)
Nevada7 business days to payNRS 118A.300, 118A.330, 40.2512, 40.253
New Hampshire7 daysN.H. Rev. Stat. §§ 540:2, 540:3, 540:9
New JerseyNo general statutory periodN.J.S.A. 2A:18-56; N.J.S.A. 2A:42-6.1
New Mexico3 days to payN.M. Stat. §§ 47-8-15, 47-8-37(B), 47-8-24(A), 47-8-33(D)
New York14 days to payN.Y. Real Prop. Law § 226-c; RPAPL § 711(2); RPL § 235-e(d)
North Carolina10 days to payN.C. Gen. Stat. §§ 42-14, 42-3
North Dakota3 daysN.D. Cent. Code §§ 47-16-07, 47-16-15, 47-16-07.3, 47-32-01, 47-32-02
Ohio3 days (notice to vacate)Ohio Rev. Code §§ 5321.17, 5321.04, 1923.04
Oklahoma5 days to pay41 O.S. §§ 111, 128, 131
Oregon10 days to payORS 90.323, 90.322, 90.394
Pennsylvania10 days (notice to vacate)68 P.S. § 250.501
Rhode Island5 days to payR.I. Gen. Laws §§ 34-18-16.1, 34-18-37(b), 34-18-26(c), 34-18-35
South Carolina5 days to payS.C. Code §§ 27-40-770, 27-40-530, 27-40-710
South DakotaNo general statutory periodSDCL §§ 43-32-13, 21-16-1(4); SDCL 21-16-2 (repealed by SB 90, 2024)
Tennessee14 days to payTenn. Code §§ 66-28-512, 66-28-505, 66-28-201
Texas3 daysTex. Prop. Code §§ 91.001, 24.005
Utah3 days to payUtah Code § 78B-6-802
Vermont14 days to pay9 V.S.A. §§ 4455(b), 4460(b), 4467(a), 4467(c), 4467(e)
Virginia14 days to payVa. Code §§ 55.1-1253, 55.1-1229, 55.1-1245(F)
Washington14 days to payRCW 59.18.140(3), 59.18.150, 59.18.650, 59.12.030
Wisconsin5 days to payWis. Stat. §§ 704.19, 704.17; Wis. Admin. Code ATCP 134.09(2)
Wyoming3 days (notice to vacate)Wyo. Stat. § 1-21-1003

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

Only states where Seayora holds a published statute appear above. Where no statute is recorded, no figure is shown rather than a guess.

The answer in full, for the biggest rental markets

How many days does a tenant get to pay late rent in California?

In California, before starting a nonpayment case a landlord must serve a written notice giving the tenant 3 business days to pay the rent due. The three days exclude Saturdays, Sundays and judicial holidays (CCP § 1161(2), as amended by AB 2343 in 2019), so a notice served on a Thursday does not expire until the following Tuesday. This is Cal. Civ. Code §§ 827, 1946.1, 1954; CCP § 1161.

More on California

How many days does a tenant get to pay late rent in Texas?

In Texas, a landlord must give 3 days written notice before starting a nonpayment case. Since January 1, 2026, a tenant evicted only for nonpayment who was not late before the month of the notice must get a notice to pay rent or vacate; a tenant who was already late may get either that or a notice to vacate. The notice may go by mail, by delivery to the inside of the unit in a conspicuous place, by hand to a tenant 16 or older, or by email if the parties agreed in writing. This is Tex. Prop. Code §§ 91.001, 24.005.

More on Texas

How many days does a tenant get to pay late rent in Florida?

In Florida, before starting a nonpayment case a landlord must serve a written notice giving the tenant 3 business days to pay the rent due. The three days exclude Saturdays, Sundays and legal holidays, so a demand served on a Friday does not expire until the middle of the following week. This is Fla. Stat. §§ 83.57, 83.53, 83.56.

More on Florida

How many days does a tenant get to pay late rent in New York?

In New York, before starting a nonpayment case a landlord must serve a written notice giving the tenant 14 days to pay the rent due. This is N.Y. Real Prop. Law § 226-c; RPAPL § 711(2); RPL § 235-e(d).

More on New York

How many days does a tenant get to pay late rent in Pennsylvania?

In Pennsylvania, a landlord must give 10 days written notice to vacate before filing a nonpayment eviction. It is a notice to leave rather than a demand to pay. This is 68 P.S. § 250.501.

More on Pennsylvania

How many days does a tenant get to pay late rent in Illinois?

In Illinois, before starting a nonpayment case a landlord must serve a written notice giving the tenant 5 days to pay the rent due. This is 735 ILCS 5/9-207, 5/9-209.

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How many days does a tenant get to pay late rent in Ohio?

In Ohio, a landlord must give 3 days written notice to vacate before filing a nonpayment eviction. It is a notice to leave rather than a demand to pay. This is Ohio Rev. Code §§ 5321.17, 5321.04, 1923.04.

More on Ohio

How many days does a tenant get to pay late rent in Georgia?

In Georgia, before starting a nonpayment case a landlord must serve a written notice giving the tenant 3 business days to pay the rent due. Three BUSINESS days from delivery of a written notice to pay or vacate, required by the Safe at Home Act (HB 404) for leases entered into or renewed on or after 1 July 2024; an older lease that has not been renewed may still be governed by the earlier rule, under which no notice period applied. This is O.C.G.A. §§ 44-7-7, 44-7-50(c).

More on Georgia

How Seayora uses this rule

Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

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