If
a lease is not for a specific term, it may be terminated by either
party with
proper notice.
a)
For year-to-year tenancies, other than a lease of farmland, either
party may
terminate the lease by giving sixty days' written notice at any time
within the
four months preceding the last sixty days of the lease.
b)
A week-to-week tenancy may be terminated by either party by giving
seven days'
written notice to the other party.
c)
Farm leases generally run for one year. Notice to terminate must be
given at
least four months before the end of the term.
d)
In all other lease agreements for a period of less than one year, a
party must
give thirty days' written notice.
When
a lease is written, the expiration date is usually stated in the
document. No
termination notice is necessary in such a case.
The
most common breach of a residential lease is non-payment of rent. In
this case
the landlord must serve a five-day notice upon the delinquent tenant.
Five days
after such notice, the landlord may commence eviction proceedings. If,
however,
the tenant pays the rent within those five days then the landlord may
not
proceed with an eviction.
If
a landlord wishes to terminate a lease because of violation of the
lease, other
than for non-payment of rent, he or she must serve ten days' written
notice
upon the tenant before eviction proceedings can begin. Acceptance of
rent after
such notice is a waiver by the landlord of the right to terminate the
lease
unless the breach continues.
Notice
may be served upon the tenant by delivering a written copy to the
tenant or by
leaving the same with some person above the age of ten (10) years who
lives at
the party's residence or by sending a copy of the notice to the party
by
certified or registered mail.