60 Day Notice

§ 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:

(A) For tenants who have resided continuously in the same premises for two years or less, at least 60 days after the date of the actual notice.

(B) For tenants who have resided continuously in the same premises for more than two years, at least 90 days after the date of the actual notice.

(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.)