30 Day Notice to Terminate Month-to-Month or Longer Lease for Residential from Landlord to Tenant
[USLF note: A "period," when referencing a lease, is
defined as: the unit of time for which each rent payment is due. For example,
if rent is payable every two months, then the lease has a "period" of two
months.]
Ch. 58, Art. 25, Sec.58-2504. Termination of tenancy at will;
notice: Thirty days' notice in writing is necessary to be given by
either party before he or she can terminate a tenancy at will, or from
one period to another of three months or less; but where in any case rent
is reserved payable at intervals of less than thirty days, the length of
notice need not be greater than such interval between the days of payment:
Provided, however, That when premises are furnished or let by an employer
to an employee, said tenancy shall cease and determine ten days after written
notice to vacate: Provided further, That not more than fifteen (15)
days' notice in writing by a tenant shall be necessary to terminate any
tenancy as described in this section of persons in the military service
of the United States in which the termination of tenancy is necessitated
by military orders.
[USLF note: 30 day notice for Lease with period of 3 months or
less. But, if period is less than 30 days, notice need only be equal to
that period.]
Ch. 58, Art. 25, Sec.58-2505. Termination of tenancy from
year-to-year; notice: All tenancies from year to year, other than farm
tenancies from year-to-year, may be terminated by at least thirty days'
notice in writing, given to the tenant prior to the expiration of the year.
58-2507. Termination of lease for three months or
longer; notice; effect of payment of rent. If a tenant for a period
of three months or longer neglect or refuse to pay rent when due, ten
days' notice in writing to quit shall determine the lease, unless such
rent be paid before the expiration of said ten days.
58-2508. Termination of tenancy of less than three
months for nonpayment of rent; notice. If a tenant for a period
of less than three months shall neglect or refuse to pay rent when
due, three days' notice in writing to quit shall determine the same, unless
such rent be paid before the expiration of said three days.
58-2509. Notice to quit not necessary, when.
Where the time for the termination of a tenancy is specified in the contract,
or where a tenant at will commits waste, or in the case of a tenant by
sufferance, and in any case where the relation of landlord and tenant does
not exist, no notice to quit shall be necessary.
58-2510. Service of notice of termination of lease
or tenancy. Notice as required in the preceding sections may be served
on the tenant, or, if the tenant cannot be found, by leaving a copy thereof
at the tenant's usual place of residence, or by delivering a copy thereof
to some person over 12 years of age residing on the premises, or, if no
person is found upon the premises, by posting a copy of the notice in a
conspicuous place thereon, or by registered mail, registered mail return
receipt requested, or certified mail, return receipt requested, addressed
to the tenant at the tenant's usual place of residence. Proof of service
by registered mail may be by the affidavit of the person mailing such notice
or by the return receipt. Proof of service by certified mail may be by
the return receipt.