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The Notice Required to End an Apartment Lease

The Notice Required to End an Apartment Lease

Notice is required to end an apartment lease, whether it is the tenant or the landlord taking the action. Generally, the lease regulates how much notice the tenant must provide. Either the lease or state law specifies notice rules for the landlord. In some places, a landlord does not have the right to end a lease unless the tenant violates it.

Tenant Terminates Lease

    Leases and rental agreements often explain within the document how a tenant may end a lease. In most cases, the tenant is required to give written notice to the landlord 30 days before terminating the lease. If the lease is for a set term which has not yet expired, neither the landlord nor the tenant may unilaterally give notice to terminate a tenancy. If both parties agree, they may mutually end the lease upon whatever means they agree. Otherwise, the lease remains in effect until either party terminates it on or after the expiration date.

Landlord Terminates Lease

    In most states and cities, the law requires a landlord to give written notice to a tenant 30 or 60 days before terminating a lease if the reason behind the termination is something other than a lease violation on the part of the tenant. No reason needs to be provided in this type of notice. If the tenant has failed to pay rent or has violated a lease provision unrelated to rent payments, a landlord in any state can terminate the tenancy more quickly -- with either a three- or five-day notice. In some states, and under some circumstances, the landlord is required to give this notice in a manner that provides the tenant with an option to move or to correct the lease violation within the short time frame stated in the notice.

Self-terminating Lease

    A lease can be written in such a way as to terminate at its end without any action required by the landlord or tenant. Usually, this type of lease indicates what action must be taken by the landlord and tenant if they would both like the lease to be renewed. If the actions are not taken, the lease ends. If, however, the tenants stays and pays rent that the landlord accepts, then the tenancy continues by virtue of the rent acceptance.

Restricting Legislation

    In a few states and in some cities in New York, New Jersey, Maryland and California, tenancy laws prevent a landlord from terminating a lease unless the tenant has violated a lease provision, such as the requirement to pay rent or the legislation provides for some other condition that is met. In these places, only the tenant can terminate a lease if he is abiding by its terms and no other conditions apply.


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