Saturday, September 24, 2005

60 day Notice to Terminate requirement will be gone

The 60-day termination notice requirement for month-to-month tenancies longer than one year will be repealed at the end of this year. On January 1, 2006, residential landlords and property managers may give a 30-day Termination Notice to their month-to-month tenants (unless there is rent control, subsidized housing rules, or a contract between the landlord and tenant which applies).
The 60-day rule was originally put in place in 2002 as a trial project for helping tenants who they thought needed more time than the allotted 30 days to make new housing arrangements in a tight rental market. Opposition arose to the 60-day rule because, among other things, that length of time is too long for evicting problem tenants. Many landlords and property managers prefer using a general 30-day notice to terminate, rather than the alternative 3-day notice to perform covenant or quit which may require litigation of issues such as noise, nuisances, or illegal activities by the tenant. Waiting 60 days rather than 30 days under those circumstances places an undue burden on landlords, property managers, and other tenants in the building.

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