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In most states, the rental agreement itself should provide the terms of the notice. So long as the landlord provides the tenant with a minimum of seven days, it should be in compliance with most state laws. Most of the time, tenants don't have to worry about a similar length of time. The rental agreement could allow the tenant to terminate the rental agreement within 24 hours so long as that term is in the agreement.

If the rental agreement does not provide information on the termination for the month to month rental agreement termination, then the state standard applies. In most states, a month to month agreement would require a month's notice. Yet in some states like Colorado, the standard requirement is a minimum of two weeks unless there are extenuating circumstances. The state standard will also be brought in if the terms of the agreement actually violate state standards. In other words, if the law requires a minimum of seven days and the rental agreement agrees that it can be terminated within three days notice, then the law overturns the contract.

The notice must be clearly given. In most states, this requires the tenant or the landlord to provide an actual written notice so that a written record exists. Oral statements can be effective so long as they are clear in their terms and can be verified, but it’s usually best to get it in writing with either a Landlord’s Notice of Non-Renewal or a Tenant’s Notice to Terminate Tenancy.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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