If a lease is being terminated, how much notice must be given to a tenant?

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If a lease is being terminated, how much notice must be given to a tenant?

My landlord sent a registered letter to my home on 01/31/11 stating my lease will not be renewed and to move by 04/01/11.  My husband and I have lived here for 11 years; the new landlord has owned the property for maybe 2 years. When he brought the property he renovated the other units except ours because we were in the unit. He also kept his word not to raise our rent, except for a $25 increase. I am working only part-time; my husband is retired. We don’t have money to move on such short notice. We have been late on our rent because of my client base has been cutback. Do we have 60 days legally to move or is it 90 days? We have always been good tenants and I thought that we had a good relationship with him.

Asked on February 7, 2011 under Real Estate Law, Maryland

Answers:

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

Answered 10 years ago | Contributor

Landlord tenant laws differ from state to state so this question is best asked to a attorney in your area.  There are, however, some generalities that apply.  First, I am going to assume that you are a month to month tenant, meaning that your written ease has expired.  Once you are a month to month tenant then the general rule is that you should receive a minimum of thirty days notice to vacate the premises.  You were given 60 days notice.  Did your lease - whenever that was in effect - state that you were to get more than 30 days notice? Why do you think that it is 60 or 90 days?  Are you aware of a law that states such?  How the notice is served will matter and is set by statute.  Personal service is usually the preferred method in all states but other methods are ok too if the statute says that they are.  And if you do not leave then the landlord will have to start an eviction proceeding which gives additional time.  But if you have a good relationship with the landlord and you need more time, speak with him.  Ypou may be able to work out a dea;.  One more thing: if you do speak with an attorney ask him or her about the issue of the agreed increse creating a new Leasehold.  Good luck.


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