Termination of the Lease

Termination is the end of a tenancy and occurs at the end of the lease term, or after a mutual agreement to terminate prior to the end of the lease term.

Termination of a Six Month or Year Lease

If a lease has a date of termination or a definite term and there is no mention of a requirement to give notice of termination, the lease will expire and the tenant is responsible for complying on the date stated. A landlord is under no obligation to automatically renew a lease. If a lease states notice must be given prior to the expiration, notice must be given before the tenant is free from his/her obligations.

Many leases contain hold-over clauses that allow the tenant to continue tenancy on a month-to-moth basis, following the expiration the initial lease term. In a written lease, it is possible that a landlord may require a certain number of days for notice. In that case, that period would have to be complied with. Common practice requires a thirty day notice; failure by either party may obligate both parties to another months rent.

Termination of a Month-to-Month Lease

A month-to-month lease is a rental agreement for a period of one month. Month-to-month agreements are automatically renewed each month until otherwise terminated by the landlord or the tenant. If a tenant was previously in a long-term lease agreement and remained a renter, then the lease would roll over to a month-to-month lease.

The terms and conditions of the long-term lease may still be applicable on the month-to-month unless written communication is signed by all parties. A tenant may give written notice of intent to terminate any lease by mailing or hand-delivering a copy the landlord. A month-to-month written termination must be given at least 10 days prior to last day of the rental month which as already been paid.

Implied Agreement of Peaceful Enjoyment

There is an implied agreement in every lease of real property that the landlord will refrain from acts that interfere with the tenant’s rights for peaceful enjoyment of the premises.

If the landlord breaches that agreement by either act or the premises becoming legally uninhabitable, the tenant may vacate the premises, terminate the lease, and owe no further rent. Before the tenant moves out, the landlord must be given notice of the problem and have reasonable time to remedy the situation. A tenant should get legal advice from an attorney prior to vacating the lease. This should never be attempted without first talking to an attorney.