Lease Termination Notice: Calculating the Correct Notice Period as a Tenant

When you receive a notice from your landlord to terminate your lease, it's crucial to know how to calculate the notice period correctly. Here’s a simple guide:

Start Date of the Notice Period

• When the Period Begins: The notice period starts the day after you receive the notice.
• Example: If your landlord gives a 30-day notice on July 1, the 30-day period starts on July 2 and ends on July 31 at midnight.

Notice Served by Mail

• When Notice is Mailed: If your landlord sends the notice by certified mail, the countdown begins when you actually receive it, not when it was sent.
• Example: If the notice is mailed on June 1, but you receive it on June 5, the 30-day period starts on June 6 and ends on July 5.

Weekends and Holidays

• End Date Adjustment: If the last day of your notice period falls on a weekend or a holiday, the period extends to the next business day.
• Example: If the 5th day falls on a Sunday, the notice period would extend to the following Monday.

Common Questions

What if I don’t receive the notice right away?

If the notice is mailed, the period starts when you receive it, not the mailing date. Always check the postmark and receipt date.

Can my landlord terminate the lease in the middle of the month?

For a month-to-month lease, the notice period typically needs to align with the end of the monthly tenancy period. If your lease runs from the 1st to the last day of the month, the notice should also end on the last day of a month.

What happens if the landlord doesn’t give enough notice?

If the notice period is too short, it may not be legally valid. You may have grounds to contest the termination in court.

Final Tip: Always carefully read and keep a record of any notice you receive. If you’re unsure about your notice period or have any concerns, consider reaching out for legal advice to protect your rights.