Termination

Posted on Apr 1, 2013 in Landlord Tenant Information, OCP

[OCP]

When the landlord or tenant wants to terminate the rental agreement, they must know the type of rental agreement that they have, whether it’s a week-to-week or month-to-month tenancy or a fixed lease for a fixed period of time. Each type of rental agreement has a different termination notice requirement by law. However, for all types of rental agreements, it is highly recommended that the landlord and tenant terminate the rental agreement in writing.

To terminate a week-to-week tenancy, the landlord and tenant can submit an oral or written notice to the opposite party at least ten days in advance.

For month-to-month tenancies, the landlord must give the tenant a written notice at least forty-five days in advance. An oral notice is not sufficient. By law, the tenant can move out at any time within the forty-five days and be liable only for the rent up until the date of occupancy. However, the tenant must notify the landlord in advance of the date he or she will vacate. If the tenant wants to terminate a month-to-month tenancy, he or she must give the landlord a written notice at least twenty-eight days in advance. Once again, an oral notice is not sufficient. The tenant is liable for the full twenty-eight days of rent, unless another tenant moves in before the twenty-eighth day.

A landlord or tenant may have a verbal or written fixed lease. If the fixed lease is in writing, the lease should have a termination date stated in the contract and expires automatically on that date. The law does not require any termination notice by either landlord or tenant. However, it is highly encouraged to write or talk with your landlord or tenant about your intentions to renew the lease or move out once the lease expires. In addition, some written fixed leases require the tenant to provide a termination notice. Therefore, the tenant should be very familiar with the terms of the contract and provide notice according to the rental contract.