What are my legal obligations to give a tenant notice that we want her to leave?

I own a commercial property in Idaho and the current tenant has refused to sign the offered lease unless we change it to read exactly how she wants it. Is 30 days adequate notice?

Asked on August 13, 2012 under Real Estate Law, Idaho

Answers:

Mark Petersen / Snake River Law PLLC

Answered 8 years ago | Contributor

It depends on your lease agreement. If the lease agreement has a specific notice time then you have to abide by the time set forth in the lease. If your lease is silent regarding notice time, you are required to provide 30 days notice. You cannot terminate a lease agreement without cause using a 30 day notice if the tenant has ongoing rights under the lease (i.e 6 months left on a one year lease). If the lease is month to month you can use a 30 day notice at any time at the beginning of a monthly cycle (i.e. notice by September 1 if you want them out by October 1).

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would read your prior lease and comply with the terms it states just to be safe.  So if your lease says 60 days notice then do so.  But if the tenant is not paying rent then you should speak with an attorney about evicting the tenant and requesting possesion and damages in an "unlawful detainer" action.  Landlord tenant laws are very specific on what must be done and when so having a professional help you is what you need.  Good luck.


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