90 Day Notice to Terminate Verbal Month to Month Lease Where Tenant has Resided in Premises More than Two Years - Residential
§ 4467. Termination of tenancy; notice
(a) Termination for nonpayment of rent. Termination for nonpayment
of rent. The landlord may terminate a tenancy for nonpayment of rent by
providing actual notice to the tenant of the date on which the tenancy
will terminate which shall be at least 14 days after the date of the actual
notice. The rental agreement shall not terminate if the tenant pays or
tenders all arrearages prior to the termination date. A tenant may not
defeat a notice to terminate by payment of arrearages more than three times
in 12 months. Acceptance of partial payment of rent shall not constitute
a waiver of the landlord's remedies for nonpayment of rent.
(b) Termination for breach of rental agreement. The landlord may terminate a
tenancy for failure of the tenant to comply with a material
term of the rental agreement or with obligations imposed under this chapter,
by actual notice given to the tenant at least 30 days prior to the
termination date specified in the notice.
(c) Termination for no cause. In the absence of a written
rental agreement, the landlord may terminate a tenancy for no cause
as follows:
(1) if rent is payable on a monthly basis, by providing
actual notice to the tenant of the date on which the tenancy will terminate
which shall be:
(2) if rent is payable on a weekly basis, by providing actual
notice to the tenant of the date on which the tenancy will terminate which
shall be at least 21 days after the date of the actual notice.
(d) Termination of rental agreement when property is sold. In
the absence of a written rental agreement a landlord who has contracted
to sell the building may terminate a tenancy by providing actual notice
to the tenant of the date on which the tenancy will terminate which shall
be at least 30 days after the date of the actual notice.
(e) Termination by landlord under terms of written rental
agreement. If the landlord terminates a tenancy in accordance with
the terms of a written rental agreement, the notice to terminate shall
be at least 30 days, if rent is payable on a monthly basis
and the tenancy has continued for two years or less. The notice
to terminate for no cause shall be at least 60 days if the rent
is paid on a monthly basis and the tenancy has continued for
more than two years. The notice to terminate shall be at least
seven days, if rent is payable on a weekly basis; however, a notice to terminate
for nonpayment of rent shall be as provided in subsection (a) of this section.
(f) In all cases the termination date shall be specifically stated
in the notice.
(g) If the building is being converted to condominiums, notice shall
be given in accordance with subchapter 2 of chapter 15 of Title 27.
(h) A rental arrangement whereby a person rents to another individual
one or more rooms in his or her personal residence that includes the shared
use of any of the common living spaces, such as the living room, kitchen
or bathroom, may be terminated by either party by providing actual notice
to the other of the date the rental agreement shall terminate, which shall
be at least 15 days after the date of actual notice if the rent
is payable monthly and at least seven days after the date of actual
notice if the rent is payable weekly. (Added 1985, No. 175 (Adj. Sess.),
§ 1; 1999, No. 115 (Adj. Sess.), §§ 2, 2a.)
