Legal Notice Requirements for Landlords and Tenants

According to landlord-tenant laws, there are legal notice requirements for landlords and tenants that must be performed prior to certain actions taking place. These requirements specify that preliminary written notices have to be delivered to the other party before certain actions can occur.

If one party does not properly deliver a preliminary notice to the other party as required, then the intended action, if carried out, is not legal or enforceable. If damages occur, such as a landlord losing rent from a vacancy caused by a tenant who furnished an improper notice to vacate, the offended party can bring a court action to recover lost income (damages).

The following are some examples of notices that must be provided by either the landlord or tenant prior to commencing the specified actions.

Note: Different states and localities have their own legal notice requirements for landlords and tenants which may be different from each other.

1.) Entering the Rental Unit - Except for an emergency situation, the landlord must provide the tenant proper advance notice before entering the rental unit. The specific requirements of this notice differ according to the state where the rental unit is located.

2.) Terminating Tenancy - The tenant must furnish the landlord a proper written notice of their intention to terminate their tenancy and vacate the premises. Likewise, the landlord must deliver proper written notice to the tenant of their desire to terminate the tenant's tenancy.

These notice requirements depend on the type of rental agreement or lease that is in place at the time the notice is sent (e.g., weekly, month-to-month, yearly, etc.). And, the requirements may be different depending on the state where the tenancy is located.

3.) Raising the Rent - The landlord must send a proper written notice to the tenant that explains his or her intention of raising the rent. This includes providing the tenant with enough advance notice that an increase in rent is upcoming.

However, if the tenant has signed a lease, then the lease will normally have to expire before a rent increase can take effect. The only exception is if the lease contains a "rent escalator clause". Also, if rent-control laws exist in your city or state, then you'll have to comply with those laws which may limit how much rent you can charge tenants.

4.) Rent Demand Notice - If a tenant becomes delinquent with paying rent, then the landlord is normally required (in most states) to send the tenant a proper written notice demanding payment of the rent. After receiving notice, if the tenant does not pay the delinquent rent by a certain cut-off date, then the landlord can usually commence an eviction action. Rent demand notice requirements are very specific and vary between different states and localities.

5.) Notice of Noncompliance - When a tenant does not comply with his or her duties outlined in the rental agreement, then to correct the situation, many states require the landlord to send a written notice to the tenant.

This notice must describe the tenant's noncompliance, along with the legal cut-off date by which it must be corrected. If the tenant does not comply with the written notice requirements, then the landlord has the option of commencing an eviction action against the tenant.

Please note; the above legal notice requirements for landlords and tenants is general in nature and should not be considered legal advice. The information provided above may be different from the specific laws of your individual state and locality. Therefore, it should not be relied upon for your own particular circumstances. For legal advice, please consult the services of a qualified attorney who is licensed to practice law in your jurisdiction.

For more information about legal notice requirements for landlords and to find the requirements for your particular state, please visit The Landlord's Library book collection. It's a great resource for helping you to increase your knowledge and success as a residential landlord.