Notice of Termination on a Residential Lease
State laws establish the respective rights and obligations between residential real estate tenants and their landlords. Although state laws vary, most states allow landlords to enter into oral or written leases with their tenants. For oral lease terminations, most states allow either party to terminate the lease agreement by providing advance written notice of termination. Additionally, in most states, a party must deliver the termination notice at least 30 days in advance of termination.
Overview
State laws establish the reasons either party can terminate a lease. Generally, either party can terminate a lease when the other party breaches the underlying agreement between a landlord and tenant. Moreover, parties bound by an oral lease agreement can terminate their tenancies for any reason and without cause. However, landlords cannot terminate their tenancies for illegal discriminatory reasons that violate federal and state fair housing laws.
Types of Leases
When a landlord and tenant have an oral lease agreement, the duration of their tenancy is typically for an unspecified period. The tenancy, known as a periodic term agreement, can be terminated at will. In some states, the periodic tenancy is known as a tenancy at will or tenancy at sufferance. As long as one party delivers a written notice of termination to the other, the tenancy is terminated. However, with a fixed term tenancy, either party can terminate the written lease for cause by delivering a written notice of termination to the other party.
Reasons for Termination
In most states, a fixed term tenancy can be on a monthly or yearly basis. A fixed term tenancy typically terminates when the lease expires; but in some states, a year-to-year lease agreement automatically converts to a month-to-month tenancy after the end of the tenancy without a written termination from the tenant. As such, unless a tenant provides her landlord with at least 30 days' written notice of termination before the end of the lease term, she must pay rent on a monthly basis. Moreover, a landlord may insert a provision in his lease requiring more than one-month's written notice of termination. Either party can also terminate the lease for a breach of duty.
Respective Duties
A landlord has an implied duty to provide her tenants with a habitable living environment free from known safety hazards and criminal conduct by other tenants. Furthermore, a landlord has a duty to maintain the common areas of her property in a safe and clean condition. Most states require landlords to provide their tenants with electricity, water, working ventilation and heat. Many states also specifically require landlords to provide their tenants with operable heating and air conditioning systems. If a landlord breaches her duty of habitability, state laws allow tenants to move after providing termination notice.
A tenant has an implied duty to pay rent on time and to comply with the terms of her landlord's lease. If a tenant breaches any covenant within the lease, a landlord can sue her for breaching the lease and evict her after providing a notice of termination.
Considerations
Since landlord and tenant laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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