Can your landlord only give you a 10 day notice to move out?

Received at 10 day notice of termination of lease. Is she required by law to give me more than 10 days? If my rent is paid up through the next 4 months, would she have to reimburse me my money?

Asked on November 10, 2011 under Real Estate Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The landlord/tenant laws vary from state to state.  Without knowing in which state you reside, I can only give you some general information.

The type of lease you have determines the notice requirement.  For example, if you have a month-to-month lease, you would have to be given thirty days written notice to terminate the lease.  This does not apply if you have committed a breach of the lease and are being evicted which usually only requires a three day notice.  Since you are not behind in the rent and if you have not committed any breach of the lease, the landlord can't terminate the lease on such short notice as you were given.  In fact, if you are in CA, and have a month-to-month lease and have been there more than a year, you would have to be given sixty days notice.  Generally, a month-to-month lease would require thirty days notice of termination.  If you are moving out on such short notice by the landlord, you would be entitled to a refund of the rent you had paid four months in advance.

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