The first step in the landlord’s decision to terminate a residential tenancy is to give written notice of termination. This article addresses termination of a residential tenancy with a 30 or 60 day notice. Failure to follow proper procedure typically results in the court’s denial of your request to have the tenant removed from the premises. If that occurs, the landlord will be forced to start the process over.
When is a 30-Day Notice Required?
A written 30-Day Notice should be provided by either the landlord or the tenant as a means of terminating a month-to-month residential lease, where the tenant has lived on the premises for less than one year.
When is a 60-Day Notice Required?
When a residential tenant has lived on the premises for one year or more in a month-to-month tenancy, it is necessary for the landlord to provides a written 60-Day Notice to terminate the tenancy.
Limitations on use of a 30-Day or 60-Day Notice
Your right to use a 30-day or 60-day Notice is limited by the Tenant Protection Act of 2019. This law requires many landlords to give a just cause (i.e., a reason) to end a rental agreement. If the law applies, your Notice must list a just cause. Here are situations where you can use the 30-day or 60-day Notice without a just cause:
• If your tenant has lived in the home for under a year. If you have more than 1 tenant in the same home, the one year is measured by the tenant who’s lived there the longest.
• If you live in the rental home (single-family home with no more than 2 in-law units, condominium, or apartment) with your tenant. But, eviction restrictions apply if you’re a primary tenant (you rent a home from the owner and then you rent out to other tenants).
• If you live in ½ of a duplex full-time and rent out the other half.
• New housing that’s been built within the last 15 years
What Happens if the Tenant Refuses to Move After the Notice Expires?
If the tenants haven’t moved at the end of the 30/60 days, they will be unlawfully occupying the rental unit. The landlord must file an unlawful detainer (eviction) lawsuit to evict them.
Contents Of A 30-Day or 60-Day Notice
The 30-Day or 60-Day Notice must be in writing and include:
• The tenant(s) full name(s)
• The rental home address
• That the month-to-month tenancy will end in 30 days if they’re giving a 30-day Notice or in 60 days if they’re giving a 60-day Notice
• A statement on how to pick up any property left behind
Calculating the 60 Day Notice Period
In calculating the 60-day notice period, do not count the day you serve the notice. For example, if you serve the notice on a Monday, then Tuesday is the first day. You need to count all days including weekends. If the last day falls on a Saturday, Sunday, or court holiday, the tenant has until the next business day to move out or quit the property.
Unfortunately, many landlords are not aware of these rules and when they apply. Landlords who serve and rely on a 30-Day Notice when a 60-Day Notice is required will be turned away by the trial judge if their tenants raise the issue at trial. This means that the landlord will have to start the process again and he or she will be required to wait another 60 days to pursue the unlawful detainer action. Thus, not following these rules can be an expensive mistake that renders months of work ineffective.
Please contact Lynx Legal if you have any questions regarding the above, or if you would like further information on our services. We can be reached at 888-441-2355 or [email protected]. Our experienced professionals are standing by to answer any inquiries you may have.