On a month-to-month lease, must a landlord have to give some notice and in writing?

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On a month-to-month lease, must a landlord have to give some notice and in writing?

We have been living in and paying rent for a house without a lease. We have never missed a payment and have receipts. When we went to make the last payment, we were just told the landlord wouldn’t accept it. Her sister told us to mail it to her. We did but she came out with a cop and handed it back to us. She then told us that we had 5 days to leave. Is this legal? Doesn’t she have to give some notice in writing that she doesn’t wish to continue renting?

Asked on December 6, 2016 under Real Estate Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In a month-to-month lease, a month's notice is required to terminate the tenancy--by either party (landlord or tenant). If there is a written month-to-month lease, written notice is required; but if it is an oral month-to-month lease, which is the case when there is no written lease at all, then oral (i.e. unwritten notice) would be sufficient, so long as it is a month's notice.


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