How many days notice is required when evicting a tenant without a written lease?

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How many days notice is required when evicting a tenant without a written lease?

There is no written lease, just a verbal one.

Asked on April 28, 2012 under Real Estate Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

When there is no written lease, the tenant is a month-to-month tenant on an oral lease ("oral," not "verbal," is the correct term). A month-to-month tenancy can be terminated by either party, landlord or tenant, or 30 days notice. If the tenant does not leave after the notice period, you cannot simply change the locks; instead, you would at that time bring an eviction (a/k/a "summary dispossess") proceeding in court.


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