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Can a Landlord Break a Lease?

A landlord can terminate (end) a month-to-month tenancy simply by giving the tenant 30, 60 or 90 day advance written notice. However, the landlord can end the lease by giving the tenant only 3 days’ advance written notice if the tenant has done any of the following:

  • Failed to pay the rent.
  • Violated any provision of the lease or rental agreement.
  • Materially damaged the rental property (“committed waste”).
  • Substantially interfered with other tenants (“committed a nuisance”).
  • Used the rental property for an unlawful purpose, such as selling illegal drugs.

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Landlord Can Break a Lease with Written Notices of Termination (Month-to-Month or End of Term)

90-day notice a written notice from a landlord to a tenant telling the tenant that the tenancy will end in 90 days. A 90-day written notice is required on if the tenant lives in federal or state subsidized housing, and the landlord is to explain the reason for ending the arrangement.

60-day notice a written notice from a landlord to a tenant who has resided in the property more than one year, telling the tenant that the tenancy will end in 60 days. A 60-day notice usually does not have to state the landlord’s reason for ending the tenancy.

30-day notice a written notice from a landlord to a tenant with tenancies of less than one year, telling the tenant that the tenancy will end in 30 days. A thirty-day notice usually does not have to state the landlord’s reason for ending the tenancy.

The Can Break a Lease with Written Notices of Termination

3-day notice a three-day written notice that the landlord serves on the tenant when the tenant has violated the lease or rental agreement. The three-day notice usually instructs the tenant to either leave the rental unit or comply with the lease or rental agreement (for example, by paying past-due rent) within the three-day period.

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