Termination of a Rental Agreement
Rules affecting landlords and tenants derive from federal, state and local law. Although few of these laws speak directly to the termination of a rental agreement, together many form an interwoven backdrop that influences every action a landlord takes. The result is that nowhere can a lease be terminated on grounds related to race, religion or gender, and in some places the only way a landlord can terminate a lease is because the tenant has failed to pay rent or has violated another lease requirement.
Federal Law
Federal laws having to do with landlords and leases focus on the federal Fair Housing Act. This landmark civil rights laws prevent landlords and others involved in housing and housing finance from basing housing decisions on any of a number of reasons related only to the tenant's or applicant's personal characteristics and background such as race, national origin, religion, gender, marital status, ethnicity, or familial status. This means a landlord can't terminate a lease because a tenant doesn't share his religious beliefs or because she has had another child. No decisions he makes can be based on these issues.
State Law
Laws having to do both with rental housing are largely regulated through state law. In all states, a landlord may terminate a tenancy based on the tenant's failure to pay rent or violation of another lease provision. The type of notice he must provide varies between states. Only two states, New Jersey and New Hampshire, and the District of Columbia prohibit landlords from terminating tenancies without reason, referred to as without just cause. In all other states, a landlord is permitted, with either a 30-day or 60-day notice, to terminate a tenancy without just cause.
Local Law
Most cities are without any regulations affecting the termination of rental agreements. However, a number of cities in California, New York and Maryland have local rent control ordinances that prohibit evictions without just cause. In these places, the only way to terminate a lease is by the tenant's failure to pay rent or live up to rental agreement provisions.
Contract Law
Contract law distinguishes between rental agreements and leases, the former being a tenancy agreement for a short period of time -- typically 30 days -- and the latter being an agreement for a set term, commonly six months or a year. A rental agreement typically renews itself at the end of the rental period unless the landlord terminates the agreement in writing. Sometimes the way a termination is handled in either a rental agreement or a lease is spelled out in the contract itself. Unless a state or local law overrides the termination contract, it will determine how the agreement or lease is terminated.
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