Month-to-month tenancies. A month-to-month tenancy is an arrangement in which the lease may be altered or terminated monthly upon proper notice. [1] X Research source This type of lease offers a great deal of flexibility because of your ability to terminate the lease once every month. [2] X Research source However, the landlord also holds a good level of flexibility and may be able to raise rent or change rental terms with the same minimal notice. [3] X Research source Fixed term leases. Fixed term leases are rental agreements in which you agree to stay and pay rent for a fixed period of time, most often one year. [4] X Research source In this situation, a renter who breaks their lease early may incur penalties for not staying for the agreed upon period. [5] X Research source
If your rental agreement clearly sets forth the manner in which you should provide your landlord with notice, then follow those directions. For example, a lease agreement may state, “Tenant shall provide landlord with at least 10 days notice prior to vacating the premises. " In this situation, you should provide your landlord with notice at least 10 days before you move out. If your rental agreement is silent regarding termination, you should follow your state’s laws. For example, in Oregon, a month-to-month tenancy can be terminated by giving the landlord written notice not less than 30 days prior to the date you plan to move out. [6] X Research source If you have a fixed term lease of at least one year in Oregon, you can terminate the lease by providing not less than 30 days notice prior to the agreed upon end date of the fixed term, or not less than 30 days prior to the date you designate in your notice letter, whichever is later. [7] X Research source As you can see, in Oregon, at least 30 days notice is required. If you are in a month-to-month tenancy, you can terminate your lease at any time so long as you provide 30 days notice. However, if you are in a fixed term lease, you will not be able to terminate until the fixed term is up (unless you are willing to incur some penalty).
For example, your rental agreement may state, “Any notice must be provided in writing and delivered in person and through first class mail to the address provided in this Agreement. " Under this clause, you would be required to write your notice (i. e. , not provide notice verbally) and deliver that written notice both in person to the landlord and through the mail. If there is no delivery clause, your state statutes will set forth the manner in which delivery must take place. In Oregon, you can choose to deliver your written notice either in person to the landlord or through the mail to the landlord. [8] X Research source If you provide notice through the mail, the minimum notice requirement (e. g. , 30 days) will be extended by three days. [9] X Research source Therefore, in Oregon, if you deliver your 30 day notice through the mail, you will actually have to provide the landlord 33 days notice in order to account for the delivery time.
In most states, including California, a rental agreement is required to include an address where notices can be addressed to.
For example, if you are required to provide 30 days notice in order to terminate your lease, and you date your notice August 1, 2013, which is when you personally delivered the notice to your landlord, you and your landlord will understand that the 30 day period starts on August 1, 2013.
You can write something as simple as, “I, John Smith, live at [address]. I am writing to notify you of my intent to terminate the lease agreement between myself and you. I am providing the required 30 days notice, which will start from the day this letter is dated. " In most states, you do not need to state any specific reason for your intent to terminate. [10] X Research source It is sufficient to simply state that you are terminating your tenancy as required by law.
For example, if you are required to provide 30 days notice and you delivered it on August 1, 2013, the date you will vacate will have to be August 30, 2013 or after. While you can certainly move out before the 30 days are up, you will be responsible for the rental unit, including rent payments, until the 30 days are up and you have vacated.
For example, your security deposit is often returned to you so long as you vacate the premises on time and so long as you clean the premises as required before you vacate. If this is the case in your lease agreement, state that you plan on leaving on time and that you will clean the premises in a satisfactory manner. Your request may look something like this: “In addition to providing the required notice to vacate, I am also respectfully requesting that any and all refundable deposits be returned to me, in full, within the required period set forth under the law. Per our Agreement, I will clean the apartment, fix any damage, and will have the carpets professionally cleaned. In addition, I will vacate the premises on time and will return all keys to you as requested. "
If you are in a month-to-month tenancy, you should deliver your notice letter along with your last month’s rent. This will ensure that you provide the required 30 days notice and that you will have paid the last month’s rent. If you have a fixed term tenancy, you should deliver the notice 30 days (or however long your state’s notice requirement is) before the term is up. For example, if you signed a lease that ends on August 31, 2013, you should deliver your notice August 1, 2013. While you can give the landlord notice at any time during the rental period, if you give notice in the middle of the month you will be required to cover part of the next month’s rent. For example, assume you have a month-to-month tenancy and you pay rent on the first of the month. You could give your notice on the tenth of the month but you would be required to pay rent through the tenth of the following month.
