What is considered to belthe legl timeframe for giving a notice to terminate a month-to-month lease?

I was in a long term lease. Then upon the termination of the lease, I entered into a month-to-month agreement. Now I want to give notice of my intent to vacate but I want to end my tenancy on the16th rather than on the 30th. My landlord says my lease terms of 1st -30th were carried over into the month-to-month agreement and that I cannot vacate in the middle of the month. Is this true even if I notify him of my intent to vacate on the16th with my last day being the16th of next month?

Asked on September 24, 2012 under Real Estate Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the typical time period for a tenant to give his or her landlord notice of the termination of the tenancy on a month-to-month lease is thirty (30) days.

The sooner you serve the notice on the landlord, the sooner you can legally end the lease. If you notify the landlord on 9/16/12 in writing that your last day of your lease is 10/16/12, then 10/16/12 is the last day of your tenancy. You can vacate mid-month under the laws of all states in this country.

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

Answered 8 years ago | Contributor

Your month-to-month tenancy requires thirty days written notice of termination.  You can give your thirty days notice at anytime during the month.  If you gave your thirty days notice on Sept. 16, your tenancy terminates on Oct. 16.  The amount of rent you will owe for October will be for the period Oct. 1 through Oct. 16.


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