This package contains the notices required by state law to be provided to a tenant before an eviction complaint is filed in court. The package contains a variety of notices, so that a landlord may select the one required under the circumstances involved and applicable statutory requirements. The following forms are included:
Notice to Terminate Year to Year Lease - Nonresidential - 60 Days Prior to End of Term - This form is used by the landlord to terminate a non-residential year-to-year lease (one which continues from year to year until terminated by the landlord or tenant). "Non-Residential" includes commercial or industrial property. The landlord does not need a reason to terminate the lease. The termination notice must be served on the tenant at least 60 days prior to the end of the current lease year. The lease then terminates at the end of the lease year.
30 Day Notice to Terminate Month to Month Lease for Nonresidential from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month non-residential lease. "Non-Residential" includes commercial, industrial, etc. property. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 30 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.
10 Day Notice Of Termination - Residential - Chance to Cure Not Required
- This form is used by the landlord to terminate a residential lease due to breach of the lease. "Residential" includes a house, apartment or condo. The reason for termination is identified and the tenant is given no chance to cure the breach, unless the landlord desires (a check-box is used to indicate whether or not the tenant is allowed a chance to cure). The tenant is given 10 days to cure or vacate the premises (or to vacate the premises if cure is not allowed).
30 Day Notice to Terminate At-Will, Sufferance or Less Than One Year Tenancy ?ˆ“ Residential - This form is used by the landlord to terminate a residential "at-will," "at-sufferance," or periodic lease of less than one year. "Residential" includes a house, apartment or condo. An "at-will" lease is one that continues from period to period (for example, month-to-month) and is terminable by either party for any reason or no reason. The "at-will" tenancy includes any periodic tenancy with a period (the interval between rent payments) of less than one year. An "at-sufferance" tenancy is one in which the tenant has no right to be there, but is only tolerated by the landlord.
10 day Notice to Pay Rent or Lease Terminated - This 10 day Notice to Pay Rent or Lease Terminated form is used by a landlord to order the tenant to either pay the overdue rent by a stated deadline or move out of the dwelling by the expiration of the time period. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment or condo. If the tenant fails to pay or move out by the deadline, the landlord may begin eviction proceedings in court. If the landlord does not elect to proceed with termination or eviction but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.
Landlord tenant laws without a lease refer to legal guidelines that govern the rights and responsibilities of both landlords and tenants in situations where there is no written lease agreement in place. While a lease agreement is highly recommended establishing clear terms and protect the interests of both parties, in some cases, such as oral agreements or verbal understanding, a lease may not exist. However, this does not mean that tenants and landlords are exempt from legal obligations and protections. In situations without a lease agreement, tenants and landlords are generally subject to the laws and regulations set forth by the jurisdiction in which the rental property is located. These laws aim to provide a framework for resolving disputes and ensure fair treatment of both parties involved. There are different types of landlord tenant laws applicable in situations without a lease, which may vary depending on the jurisdiction. Here are some examples: 1. Implied tenancy: In the absence of a written lease, an implied tenancy is often assumed by default. This means that the tenant has the right to occupy the property while the landlord has the right to receive rent payments. The terms of the tenancy are typically determined by the common practices and customs of the locale. 2. Month-to-month tenancy: In many jurisdictions, when there is no lease agreement, the arrangement is often considered a month-to-month tenancy. This means that either the tenant or the landlord can terminate the tenancy with proper notice. The notice period required can vary from jurisdiction to jurisdiction. 3. Basic obligations: Landlord tenant laws without a lease mandate certain responsibilities for both parties. Landlords are usually required to maintain the property in habitable condition, perform necessary repairs and maintenance, and provide essential services like water and sanitation. Tenants, on the other hand, are generally obligated to pay rent on time, keep the property clean, and avoid causing damage beyond normal wear and tear. 4. Dispute resolution: In situations without a lease, landlord tenant laws often define the applicable procedures for dispute resolution. This may involve mediation, arbitration, or bringing a case to the local housing court. These legal mechanisms can help resolve conflicts related to rent increases, eviction, property damage, or other grievances. 5. Rent control and rent stabilization: In some jurisdictions, special laws regarding rent control or rent stabilization may apply even in the absence of a formal lease agreement. These laws limit the amount by which landlords can increase rents and protect tenants from unjust eviction, ensuring affordable housing options. 6. Tenant privacy: Even without a lease, tenants generally retain a certain level of privacy rights. Landlords must provide reasonable notice before entering the rental property, except in case of emergency. However, the specific requirements and limitations may vary depending on local laws. It is important for both landlords and tenants to familiarize themselves with the landlord tenant laws applicable to their jurisdiction, as it helps establish clear expectations and protects the rights of both parties involved. Consulting legal professionals or seeking assistance from local housing agencies can provide further guidance and clarity on the specific regulations pertaining to landlord tenant laws without a lease.
