How much notice must a tenant give a landlord?
Question Details:
I gave tenant 60 days notice to vacate. She wants to leave before notice is up and not pay rent. Can she do that? Does she have to give me only 30 days notice?
As with so many laws this one is skewed in the tenant's favor, but not entirely. For month-to-month tenancies that have lasted more than a year the landlord has to give 60-days notice of termination of the tenancy. Under a year the notice can be 30-days. Regardless of the term of the tenancy, the tenant only has to give 30-days notice of intent to terminate the tenancy unless the rental agreement provides otherwise. There is no reason that when the landlord gives a 60-day notice, that the tenant cannot counter with a 30-day notice. But there is equally no reason that the landlord giving a 60-day notice would allow the tenant to give less than 30-days notice. So the answer to your questions are "yes," she can leave before the 60 days are up and not pay 60-days rent, but also "yes" she does have to give you at least 30-days notice and pay through the 30th day after her notice.
