Your landlord will have different notification requirements before they terminate your lease depending on the state that you reside in. You will find that each state has different rules and regulations related to renting and leasing. The knowledge that you have from a state with different regulations and rules will not help you to answer questions related to termination notices in the state that you may have moved to.
If you are not sure how much notice you should be given before your lease is terminated, you will need to look into the rules and regulations for your state. You cannot expect to plead innocence of these laws and regulations if you want to oppose the termination notice. Being prepared to take your landlord to court over this kind of issue requires that you have the knowledge needed to argue your point or at least to know when you secure a lawyer to help you with your case.
If you want to know more about the notice timeframes for your lease to be terminated, you should read on!
Circumstances That Lead to Lease Termination
There are common reasons for lease termination. Many leases are terminated due to non-payment of rent but there are other reasons that your lease might be terminated. Landlords can write clauses of any kind into their rental contracts and you should read all of them before you agree to lease a property.
Leases are often bound by some unique rules since there is an assumption that you might be staying longer than a short time period. Apartments that are rented month to month will not usually allow you to make changes to the property for example, but some leases will allow you to make some alterations to the property in some cases.
All of the various rules and regulations that the landlord feels are important will be included in the lease documentation. Sometimes renters choose not to read the documentation related to their lease and they can cause issues that lead to the termination of their lease. Some requirements are not legal, however, and this can be one of the reasons that people will seek the help of a lawyer when they receive a termination letter.
If you have followed all of the rules related to your lease and feel that there is no fair reason for it to be terminated, you might need the help of a lawyer to help you to prevent the loss of your home. The timeframe that is involved in the notification of the termination can also be a cause for the termination to be incorrect and not legal.
How Much Notice Does My Landlord Need to Provide Before My Lease is Terminated for anything other than non payment?
|Alabama||7 business days|
|Alaska||10 days for those violating health and safety, 3 days for those who are not paying utilities, and leading to shut off with 2 additional days to vacate the property.|
|Arizona||5 days for health and safety violations and 10 days for other violations of lease terms.|
|Arkansas||14 days for a remediable violation if health and safety are involved. If the conditions are not remedied within the 14 day period, the tenancy will be terminated.|
|California||3 days which excludes Saturdays and Sundays as well as other judicial holidays.|
|Connecticut||15 days with no right to cure for nonpayment of the rent or a serious nuisance.|
|District of Columbia||30 days|
|Florida||7 days with no cure for substantial violations|
|Georgia||Lease violations are not mentioned specifically as grounds for eviction but lease violations are allowed as an unconditional quit notice under this statute|
|Hawaii||10 days’ notice to resolve problems. If these issues are not resolved, 30 days’ wait for eviction. 24 hours for cease of nuisance and then 5 days to cure before eviction|
|Indiana||Landlords can terminate with unconditional quit notice|
|Kansas||14 days to cure and 16 days added to vacate|
|Maryland||30 days unless breach poses a clear and imminent danger. 14 days to evict if no cure|
|Massachusetts||Landlords can terminate with unconditional quit notice|
|Michigan||For serious causes, continuous health hazards, or damage to the premises, 7 days will be given after quit notice to repair. Domestic violence victims are not included|
|Minnesota||Landlord is allowed to immediately file for eviction|
|Missouri||Landlord can terminate with an unconditional quit notice|
|Montana||14 days. 3 days with an unauthorized pet or person on the premises of the property|
|Nebraska||14 days to resolve the problem and 16 days to vacate|
|Nevada||5 days to cure|
|New Hampshire||30 days|
|New Jersey||3 days. Lease has to specify violations that lead to eviction. Sometimes the court will allow time to resolve the issue|
|New Mexico||7 days|
|New York||For regulated units, you will have 10 days or the time that is set by the rent regulation in effect. For non-regulated units, there is no statute and the lease documents are used to determine the time that is allowed for notice to be served|
|North Carolina||Can terminate with unconditional quit notice if the lease gives a specific termination for the violation|
|North Dakota||3 days|
|Oklahoma||10 days to cure and 5 days added to vacate|
|Oregon||14 days to cure, 16 days added to vacate, and 10 days for removal of illegal pet|
|Pennsylvania||Terminate with unconditional quit notice|
|Rhode Island||20 days for noncompliance of a material nature|
|South Carolina||14 days|
|South Dakota||Must give notice 3 days in advance with no opportunity to cure in some situations. Other regular situations will not require any notice.|
|Virginia||21 days to resolve and 9 added to vacate|
|West Virginia||Eviction can be filed immediately and no notice is required|
|Wisconsin||5 days with no opportunity to cure if living in public housing with drug-related violations|
What Has to be Included in a Notice to Terminate?
If you live in a state that requires that you be served notice of the termination that is impending before it is done, the right information must be included in the notice. If the required information is not included, the termination notice might be null and void. You will be able to look up the specifics of these requirements easily or you can work with a lawyer if you think that there are problems with the letter that you were given.
In most states, the termination letter will need to make it clear why the termination is taking place. There are three standard reasons that might be listed on the termination letter:
- Failure to pay rent
- Violation of a clause in the rental agreement
- Violates law or responsibility related to the law
The termination notice will use the following language:
- Pay rent or quit: This means that the tenant will have to pay the rent or be evicted. There is a set timeframe that is usually three to five days before they will need to vacate.
- Cure or quit: This means that the tenant must correct a violation of the lease or the rental agreement within a stated time period.
- Unconditional quit: This means that the tenant has to vacate the premises without the opportunity to cure the violation or to pay the rent.
Eviction is a court-ordered physical removal of the tenant and their possessions through the assistance of a law enforcement officer. The termination process requires that the landlord files an eviction lawsuit or possibly an unlawful detainer action. This means that the tenant cannot remain in the unit after the notice has been served.
Usually, if there is a contest of the eviction done by the tenant, a court date will be set up. This will require that the landlord or the tenant will prevail during the court case. Tenants will not be forced to leave the property in most cases until the court case has been determined. Your lawyer will help protect you from a lack of clarity in the termination notice and other issues that can lead to an unfair termination being given to you.
Are Lockouts by Your Landlord Legal?
It is never legal for your landlord to lock you out of the premises that you have been living in unless you have been given a summons and a chance to appear in court. You can actually sue your landlord for damages if you are locked out illegally and this can lead to further action being taken against the manager for having taken this action against you.
There are many considerations that must be handled even after an eviction like the security deposit and possible extensions for situations that are out of your control. Your landlord cannot evict you without satisfying all of the legal conditions and requirements and being able to prove that you have in some way broken the conditions of your lease with them. There may be different laws and regulations that govern public housing or low-income housing evictions as well that your landlord must abide by.
No landlord is ever able to lock you out of your living situation without having completed all of the necessary steps to make the eviction legal and correct. This is a basic right that protects people from being turned out of their homes without being able to find a new living location or without being able to collect their personal possessions.
Your Landlord’s Right to Enter Your Home
Even if the landlord is not allowed to lock you out of your home, they are allowed to enter the home for certain reasons. This can be one of the sets of rules and regulations that is closely governed by state law so you will need to look into this if you think that your landlord has entered your home without following the legal process.
Landlords must give you 24-hours notice that they are going to enter the apartment or home. They may only enter during reasonable times or in the case of an emergency like a fire or a flood without permission. You have to allow the landlord to enter the premises for reasonable repairs and other reasonable purposes. The landlord will also have to be allowed in to take care of inspections and other routine ownership duties.
This can be one of the contentious parts of leasing and you should be sure that you look into the details of your lease agreement related to entry by the landlord if you are concerned about your landlord’s presence on your property. Lease agreements will always lay out this detail and if they do not, you might want to consider living somewhere else.
Landlord Disputes Don’t Have to Favor the Landlord
If you have been given an eviction notice or a lease termination letter, you will need to consider if you think that this notice is fair. If you think that there is no reason for the termination, you will want to get a lawyer to help defend you against the termination notice. This can be very helpful if you think that you will lose your living arrangement due to a possible mistake or prejudice on the part of your landlord. Landlords can be in the wrong accidentally but they might also believe that you will not defend yourself against the incorrect termination so they can remove you from the property.
Working with a skilled Tenant Attorneys in St. Petersburg can help you to remain in your living arrangement and prevent you from having to find a new place to live through no fault of your own. This is one of the benefits of legal assistance in this kind of dispute and you will be grateful for the help of your attorney when you go before a judge to defend your right to remain in your home.
See Also: Lease Agreement Attorney