30 Day Notice

The duration of your lease on a property is stipulated in the Rental Agreement; however, there are times when the lease period has to be pre-terminated by either party (usually the landlord). When the landlord, for one reason or the other decides to cut the lease period short, he should inform the tenant formally via a document called the “30-Day Notice”.

A 30-Day Notice is given to tenants who lease a property on a monthly basis. Tenants who lease for longer periods of time (yearly, etc), are usually given more time to move out. Day 1 of the 30-day grace period given to tenants starts on the day the notice is received or served.

Termination of a lease is brought about by two things: foreclosure of a property, or a property’s transfer of ownership. Generally, when the property is foreclosed or “involuntarily sold”, the tenant has no other recourse but to leave and find another place to occupy. But when the unit is sold to another party, the new landlord will have to assume the terms and conditions stated in your lease agreement. After the contract has ended, the new landlord may or may not decide to renew your lease.

The reasons for ending a lease agreement vary and usually, the landlord, especially for private dwellings, is not required by law to state why the agreement is being terminated. However, in some areas (i.e. government subsidized housing), the rights of the tenant are protected and rent control requires that a “just cause” for the untimely eviction of a lessee be declared. This is done to make sure that the eviction is not due to retaliatory or discriminatory reasons.

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