ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Lease Termination by Landlords

How does the landlord terminate the lease at the expiration of the term?

It depends upon the type of lease.

If there is an oral or written lease with month-to-month tenancy, the landlord ends it by serving a written notice. The notice must give the tenant thirty days to vacate if rent is paid monthly, and seven days if it is paid weekly, although some states have different rules. Most cities or states require that this notice be delivered personally to the tenant, although some permit delivery by mail.

If there is a written lease with a specific duration or term, the lease automatically ends on the last day of the term. However, some municipal ordinances require a thirty-day written notice to the tenant before the end of the term. Without such a notice, the tenant does not know whether the landlord wants to renew the lease or not. It is always a good idea for the landlord and the tenant to discuss the matter well before the term ends.