Landlord-Tenant: What is Proper Notice

In order to require someone to vacate your property proper notice is required. Such notice consists of a legal document that a landlord gives to a tenant allowing them 3, 30 or 60 days to remain in the property.

A tenant that wishes to terminate their tenancy must give a landlord notice as well. The amount of time is generally specified in the lease. If it is not spelled out in the lease, or there is no lease, then the tenant needs to give the landlord notice for the number of days between rent payments. For example, the tenant that pays rent on a monthly basis should provide a 30 day notice; or if rent is paid weekly, a seven day notice will suffice.

How does it work?

Depending on the terms of the lease, how long the tenant has occupied the dwelling, and the reason for the notice, different timelines come into play. A landlord must give at least 60 days written notice if the tenants living in a dwelling have been there for over a year. If any tenant has occupied a property for less than a year, and is currently on a month-to-month lease, a simple 30 day notice will serve. If the landlord gives a proper 30 day or 60 day notice, they generally do not need to give a reason for the termination of tenancy. If the tenant fails to pay rent, violates a provision of the lease, or engages in a number of other enumerated offenses, then the landlord may give the tenant a three day notice.

Once the notice is received, the next day is considered day one. For instance, if a tenant is given a three day notice on July 16th, the 17^th would constitute the first day, and a tenant would need to vacate the premises, or remedy the situation no later than the 19^th of July. Unless the 19^th is a Saturday or Sunday in which case the following Monday would be acceptable.

Do you have a question regarding an eviction or some other Landlord/Tenant Issue? Call the SBCBA for a lawyer referral at (805)569.9400. We would be happy to help.