For a monthly lease, at least 30days notice before the rent due date is required but notice must be given for the first of the month. For example, if rent is due on the first, notice given on June 15 is effective for ending the lease on July 31, not for ending it on July 15. If you have a lease for a fixed period of time, it usually converts to a monthtomonth lease after the fixed period has expired. If the tenant leaves before the lease has expired, the landlord has an obligation to try to rent the unit; but if he or she cannot do so, the tenant signing the lease is responsible for the full term of the lease.
If one of the parties violates the conditions of the lease or the landlordtenant law, the lease may sometimes be terminated.
If the tenant fails to pay the rent, the landlord may notify the tenant the lease will end if the rent is not paid within three days. For failure to comply with terms and conditions other than payment of rent, the tenant must be given 14 days to correct the offending behavior.
If the tenant believes the landlord is not fulfilling duties under the lease, the tenant must give the landlord notice of the problem and 14 days to correct it.
In the case of serious or repeated violations, either party may choose to end the lease. Depending upon the circumstances, either the landlord or the tenant may be able to recover damages and reasonable attorney fees. All notices should be in writing between the landlord and tenant. The parties should date the notice and keep a copy.
The landlord cannot withhold personal property of the tenant, shut off utilities to the rental unit, change keys to lock the tenant out of the rental unit, nor forcibly remove the tenant. The landlord must go through court, and the sheriff then moves or locks the tenant out. The tenant cannot withhold rent except under very limited circumstances.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified landlord tenant lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.