In this blog post, we will explain the different types of tenancies and how they determine your rights, duties and obligations as a landlord or tenant. We will focus on the provisions of the law especially regarding notices to be given by landlords or tenants in the USA.
You will understand the different types of tenancies and what rights or obligations they impose on you.
Contents
Length of Notice Required for Termination of Periodic Tenancy
What Is Tenancy?
Tenancy is a legal relationship between a landlord and tenant, in which the tenant is allowed to occupy the landlord’s property in exchange of rent, which is usually a specified sum.
Tenancy agreements can be oral or written, but written agreements are strongly recommended to avoid potential disputes. Depending on the jurisdiction, certain laws may apply to tenancy agreements such as health and safety regulations, restrictions on raising rents, limits on deposits charged by landlords, eviction etc.
Types Of Tenncy
Tenancy At Will
Tenancy at will is a type of tenancy where a tenant occupies a property with the landlord’s permission, but without an official contract or written agreement. Unlike other types of tenancies, tenants at will do not have fixed rental terms – they can stay if the landlord allows them to. And sometimes they occupy the property for free too.
The main advantage of this type of arrangement is that either party can end it easily – the tenant by moving out, and the landlord by notifying their tenant that they must leave within a reasonable period. The length of notice required of a landlord who wants to quit his tenant at will, varies from 1 jurisdiction to another. In Nigeria, 7 days is enough notice for a tenant at will.
Tenancy For a Fixed Term
Tenancy for a fixed term is an agreement between a landlord and tenant that establishes the length of time a tenant may stay in a particular property.
The parties sign an agreement that binds them to the terms and conditions of the lease. The length of this tenancy period is predetermined, and the terms are followed strictly and can’t be altered while the tenancy subsists, except where provisions were made for such revisions in the lease. Thus, it is common for the agreed rent not to be reviewed throughout the life of the tenancy. However, there can be rent reviews if there is provision for periodic review of length periodically. This type of tenancy is commonly called leases. They are usually ended by effluxion of time; except where there is violation of certain terms of the lease such as being in arrears of rent. So, notices are usually not given in this type of tenancy, the landlord just goes straight to recover possession.
Fixed term tenancies provides both parties with more security and stability.
Statutory Tenancy
The US rental market is subject to many laws and regulations and the concept of statutory tenancy is one of them. Statutory tenancy also called tenancy at sufferance refers to a type of tenancy that is created when a tenant remains in a property after their original lease term has expired.
In all states, when a tenant stays in a property beyond the expiration of their lease, they will likely acquire statutory tenancy status. This means that they are still protected by some landlord-tenant laws even without an updated contract or agreement between the two parties. This can provide tenants security from eviction without cause during this period. However, certain rights may vary depending on the state in which you are renting your property – so it’s important to know what’s obtainable in your jurisdiction before you act in such circumstances.
Even though the lease term or tenancy contract has expired, a landlord is still required to follow legal process in evicting a statutory tenant, even though there is no contract defining their relationship anymore.
A statutory tenant should know he has less protection if he continues to occupy a property after his tenancy has expired. He has no rights to transfer to another on the property, except for his spouse. And it is easier to evict him from the property than when his tenancy was still subsisting.
Periodic Tenancy
This is the type of tenancy with no predetermined expiration date – instead, the period of occupancy is determined by the frequency in which rent payments are made.
The most common form of periodic tenancy is monthly: this means that on the specified due date each month, tenants must pay their rent to remain in occupation for another month. Similarly, if rent payments are made quarterly or annually (or any other length of time agreed by both parties), then this also constitutes a periodic tenancy for that duration of time. However, it’s important to be aware that landlords can end these agreements at any stage; they simply need to provide appropriate notice as stipulated in their state’s laws.
This type of tenancy is most used when renting out residential property such as houses, apartments, and condos.
It is important to note that a periodic tenancy must not be in the form of a written contract, it can be determined from the parties conducts.
Length of Notice Required for Termination of Periodic Tenancy
It is a commonly held principle in law that the length of notice required for termination of tenancy should be at least equal to the length of the period of the tenancy itself except where there is a statutory regulation, or an express agreement to that effect by the parties.
It is important to state that where there is a statutory regulation, the parties agreed length of notice cannot be lesser than the minimum stipulated by statute, but it can be more. For example, if your state’s statutes says that the notice of termination in a monthly tenancy is 1 month, even if a landlord and tenant agree to a lesser notice in a tenancy agreement, it will be illegal and voidable. But an agreement for a longer notice is valid and enforceable.
We will look at the length of notice required for termination of monthly tenancy in all the fifty states of the USA.
States That Require 30 Days Or 1 Month Notice from Landlord and Tenant for Termination of Monthly Tenancy[i]
Alabama, Alaska, Arizona, Arkansas, California, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota requires a full calenda month as notice of termination of tenancy, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, and West Virginia.
Oregon requires a 30 days’ notice from both landlord and tenant, except for Portland and Milwaukie that requires a 90 days’ notice from the landlord.
Vermont requires 30 days’ notice from landlord and, one rental period from tenant as notice, except there the lease agreement says otherwise.
New York also requires 30 days’ notice from both parties. However, in New York, 60 days’ notice is required for periodic tenancies that are between 1-2 years and 90 days for periodic tenancies that are above 2 years.
Other States
Colorado requires 21 days’ notice from landlords and tenants who intend to terminate a tenancy.
Except if otherwise agreed in the lease, Connecticut requires only a 3-day notice from the landlord. A tenant is under no obligation to give his landlord notice of termination of tenancy.
In Delaware, a 60 days’ notice is required from both landlords and tenants who want to terminate a tenancy. The 60 days starts to count from the first day of a new month following the date the notice was served.
In the District of Columbia, while a 30 days’ notice is required of the tenant, while 30-120 days is required of the landlord depending on the reason for the termination of the tenancy.
In Florida, only 15 days’ notice is required of both parties.
Georgia’s laws require a 30 days’ notice from a tenant and a 60 days’ notice from a landlord.
In Hawaii, 28 days and 45 days’ notices are required from tenants and landlords respectively.
Louisiana requires 10 days’ notices from both landlords and tenants for termination of tenancy.
Maryland requires 30 days’ notice from tenants and 60 days’ notice from landlords. This law is not applicable in Baltimore City though.
Massachusetts requires the length of notice by a landlord or tenant who wants to terminate a tenancy to be as long as the interval between days of payment, or 30 days; whichever is longer.
Minnesota requires that the notice period must be the interval between when rent is due or, 3 months; whichever is less.
North Carolina requires only a 7 days’ notice from landlords and tenants.
Pennsylvania and Utah only require a notice from landlords. And the length of notice is 15 days. Tenants can terminate their tenancies without notice.
Washington requires that tenants give at least 2o days’ notice if they want to terminate their tenancy. Servicemen and their families are exempted from this and can therefore give lesser notices. For leases that are from 6 months upwards, landlords are required to give 60 days’ notice of termination of tenancy.
Wisconsin requires a 28 days’ notice from both landlords and tenants.
Wyoming has no statute on this, thus recourse will be made to the provisions of the lease or tenancy agreement, if any.
Conclusion
Understanding tenancy laws can help ensure a smooth relationship between landlords and tenants. From defining the types of tenancies to knowing how long it takes to terminate tenancy, landlords and tenants alike need to be aware of their rights and responsibilities. Such knowledge will help ensure that both parties are aware of their obligations, reducing the possibility of disputes in the future.
It is my believe that this blog post has helped you understand the concept of tenancy better, especially regarding the adequate notices to be given when a party intends to terminate a tenancy.
[i] Ann O’Connell, State Rules on Notice Required to Change or Terminate a Month-to-Month Tenancy, Nolo.com. nolo.com/legal-encyclopedia/ State -Rules- on- Notice- Required -to- Change -or -Terminate -a -Month-to-Month- Tenancy
