Termination is the end of a tenancy that occurs automatically at the end of the lease term or as a result of mutual agreement (between the landlord and the tenant) to terminate the lease prior to the end of the lease term. The landlord can terminate a tenancy without giving any reason only at the end of a lease period. Termination of tenancy differs from an eviction in that in termination the landlord is refusing to renew a lease term, whereas in the case of an eviction, the landlord is rescinding an agreement to continue renting the premises for a specific reason.

Termination of a Lease for a Definite Term

If your lease has a date of termination or a definite term and if there is no mention of a requirement to give notice of termination, then your lease expires and you are obligated to vacate the premises on the termination date or at the end of the term stated. Many leases require a tenant to give notice of intent to vacate the premises even though the lease is due to expire. CHECK THE TERMS OF YOUR LEASE well in advance to ensure that you can give the required notice. (Often 30 days' written notice is required.) If your lease does require that you give notice of termination prior to the stated expiration of the lease, then the specified amount of notice must be given before you are free and clear of your obligation.

Be aware that some term leases have what is called a holdover clause. Such a clause states that if you do not give proper written notice that you are not going to renew your lease, your tenancy will automatically continue. In some cases, depending on the lease, the holdover clause could commit you to an additional year of tenancy. Usually, "holding over" commits you to a month-to-month tenancy, where you would be obligated to an additional month's tenancy because you did not give proper notice. If you don't give the required written notice, you may be liable for financial damages suffered by the landlord if she/he is unable to re-rent immediately. The lease should be consulted carefully to determine all termination and holding over provisions. Even if the lease has no requirement for written notice, you may want to give written notice anyway!it is easy, courteous, and safe.

If you wish to renew your lease, it is wise, at least one month prior to the end of the lease term, to make arrangements to renew the lease. Contact your landlord and discuss this with him/her. If your landlord is willing to have you continue as a tenant after the end of the current lease period but is unwilling to have you sign a new lease at this time, telling you to wait until the end of the month, ask him/her to write a note stating that your tenancy is to continue or send him/her a letter immediately, stating the terms of the oral agreement. See Model Letter to Confirm a Written Agreement.

Termination of a Month-to-Month Lease

A month-to-month lease is a rental agreement for a one-month period that is renewed automatically each month for another month until properly terminated by either party. To terminate a month-to-month lease, a tenant must give written notice to the landlord of his/her intent to terminate at least ten days before the last day of the rental month (the month for which the tenant has paid or should have paid rent). It is acceptable to require a longer period of time for notice to terminate as long as this time period is written in the lease. Often landlords require 30 days' notice. Failure to provide the proper written notice by the tenant obligates the tenant to another month's tenancy.

A landlord wishing to terminate a month-to-month lease must give written notice of termination at least ten days before the end of the rental month (the month for which rent has been paid or should have been paid). This notice may be served by delivering a copy to the tenant or to another person occupying the premises or by leaving a copy with a member of the tenant's family above fifteen years of age residing on or in charge of the premises, or by posting a copy of the notice in a conspicuous place on the premises.