Landlord Guide: How To Use Lease Renewal Notices (2022)

Updated September 2021

When a lease ends, you have the right to decide whether or not you want to renew the lease with the tenant. Some states and cities may put restrictions on how you make this decision, but it is generally up to you to determine if renewing the lease, signing a new lease agreement, or switching over to a month-to-month tenancy is the best choice.

Whether or not you decide to extend the lease, you need to know about lease renewal letters and how to use them.

These documents are used to communicate your plans to your tenant to ensure that both parties are equally informed, and they must be sent out with enough notice.

A Table Of Contents For Lease Renewal Letter

  • What Is A Lease Renewal Notice Period?
  • The Basics Of Lease Renewal Letters
    • What To Include In A Lease Renewal Notice
  • How Many Days For Non Renewal Of Lease?
    • Lease Renewal Notice Period By State
  • When Do I Need To Send A Renewal Lease Letter To My Tenants?
  • Can A Landlord Not Renew A Lease For No Reason?
  • Template: Tenant Non Renewal Of Lease Sample Letter (+PDF)
    • Landlord Notice Of Nonrenewal To Tenants
    • Lease Non-Renewal Letter To Landlord
    • Lease Renewal Notice To Tenant
    • Lease Renewal Letter (PDF)
  • FAQs About Lease Renewal Letters
  • What Are Other Landlords Saying About Giving Notice When Ending A One-Year Lease?
  • Basic Steps To Remember When Sending Lease Renewal Notices

What Is A Lease Renewal Notice Period?

Landlord Guide: How To Use Lease Renewal Notices (1)A lease renewal notice period is the timeframe before the end of the lease that a landlord or tenant must inform the other party if they are not going to renew the lease.

This lease renewal notice period should be spelled out in the lease but, in most instances, will be dictated by state law. Individual states have different guidelines on what must be put in a lease renewal notice, how long you have to send said notice, and who can receive a notice.

If you do not send out the lease renewal notice in the appropriate time frame, you may have to start over and send it again for it to be legally applicable. This will slow down your rental business, so it is important that you sent out non-renewal notices promptly.

The Basics Of Lease Renewal Notices

While you might be aware that you need to send out a lease renewal letter to your tenants in some cases, you might not be aware of what should go into those notices! We have some samples at the end of today’s article that will be very helpful for you, but it’s important that you also understand what should go into the notice.

What to include in a lease renewal notice:

  • Date the letter is sent
  • Property address and tenant names
  • Whether or not the lease will be renewed
  • How to contact the landlord or property manager with questions

Based on whether or not the lease will be renewed, there is some additional information that should be given to the tenant at this time:

  • If the lease will not be renewed, confirm when the tenant must leave by
  • If a new lease will be signed, confirm the terms of the updated lease and set up a meeting to discuss and sign the new lease
  • If the lease will be allowed to expire and convert into a month-to-month rental, explain what that means to the tenant

As you can see, the exact information that needs to be given is going to differ depending on the situation. Let’s help you get some more information about renewing leases, and then we’ll share our sample notice letters.

How much notice for non-renewal of lease?

This duration period should be addressed in the lease. If it is not, you should refer to your state laws.

These notifications are mostly for landlords but can double as the rule for timelines for tenants as well.

As a rule of thumb, a 60-day notice is a good standard regardless of what your state laws say.

Lease Renewal Notice Period By State

Here’s a list of every US state and how much notice a landlord must give if not renewing a lease (as of September, 2021):

This duration period should be addressed in the lease. If it is not, you should refer to your state laws.

These notifications are mostly for landlords, but can double as the rule for timelines for tenants as well.

As a rule of thumb, a 60-day notice is a good standard regardless of what your state laws say.

Alabama

Yearly/Fixed Term Lease: No statute

Month To Month: 30 days

Alaska

Yearly/Fixed Term Lease: No notice

Month To Month: 30 days

Arizona

Yearly/Fixed Term Lease: No notice

Month To Month: 30 days

Arkansas

Yearly/Fixed Term Lease: No notice

Month To Month: 30 days

California

Yearly/Fixed Term Lease: If the tenant has lived at the property for a year or more- 60 days notice. If the tenant has been there less than a year the landlord only needs to give 30 days notice

Month To Month: 30 days

Colorado

Yearly/Fixed Term Lease: 1 year or longer- 91 days; 6 months to 1 year- 21 days; one week but less than a month- 3 days

Month To Month: 21 Days

Connecticut

Yearly/Fixed Term Lease: 3 Days

Month To Month: N/A

Delaware

Yearly/Fixed Term Lease: 60 Days

Month To Month: Minimum of 60 days’ written notice, which 60-day period shall begin on the first day of the month following the day of actual notice.

Florida

Yearly/Fixed Term Lease: Not less than 60 days

Month To Month: N/A

Georgia

Yearly/Fixed Term Lease: 60 days for the landlord- 30 days from tenant

Month To Month: N/A

(Video) The Ultimate Guide to Lease Renewals | Daily Podcast

Hawaii

Yearly/Fixed Term Lease: Termination is automatic and no notice is required

Month To Month: Termination is automatic and no notice is required

Idaho

Yearly/Fixed Term Lease: No notice is required

Month To Month: 30 Days

Illinois

Yearly/Fixed Term Lease: 60 Days

Month To Month: 30 Days

Indiana

Yearly/Fixed Term Lease: No notice required

Month To Month: 30 Days

Iowa

Yearly/Fixed Term Lease: No notice required

Month To Month: 30 Days

Kansas

Yearly/Fixed Term Lease: No notice required

Month To Month: 30 Days

Kentucky

Yearly/Fixed Term Lease: No statute

Month To Month: 30 Days

Louisiana

Yearly/Fixed Term Lease: No notice required

Month To Month: 30 Days

Maine

Yearly/Fixed Term Lease: No notice required

Month To Month: 30 Days

Maryland

Yearly/Fixed Term Lease: 90 Days

Month To Month: 30 Days

Massachusetts

Yearly/Fixed Term Lease: No notice required

Month To Month: The longer of 30 Days or 1 month

Michigan

Yearly/Fixed Term Lease: No notice required

Month To Month: At least 1 month prior to a payment date

Minnesota

Yearly/Fixed Term Lease: Some definite term leases spell out what kind of notice is needed to end the tenancy when the lease ends. Typically this is a written notice presented 30 to 60 days before the lease ends

Month To Month: If there is no provision in the lease stating how much advance notice must be given to end the tenancy, the law provides that written notice must be received by the other party at least one full rental period before the last day of the tenancy.

Mississippi

Yearly/Fixed Term Lease: No Notice required- lease with no end date 2 months notice

Month To Month: 30 Days

Missouri

Yearly/Fixed Term Lease: No notice required

Month To Month: N/A

Montana

Yearly/Fixed Term Lease: No stature no notice required

(Video) The Landlords Guide to Lease Renewals

Month To Month: At least 30 Days

Nebraska

Yearly/Fixed Term Lease: No notice required

Month To Month: 30 days prior to the periodic rental date specified in the notice

Nevada

Yearly/Fixed Term Lease: No notice required

Month To Month: At least 30 days prior to a payment date

New Hampshire

Yearly/Fixed Term Lease: 30 Days

Month To Month: 30 Days

New Jersey

Yearly/Fixed Term Lease: one full month before the end of the lease

Month To Month: Written one-month notice

New Mexico

Yearly/Fixed Term Lease: N/A

Month To Month: 30 Days

New York

Yearly/Fixed Term Lease: Notice is not required if the tenant is moving out of the unit when the agreement expires.

Month To Month: 30 Days

North Carolina

Yearly/Fixed Term Lease: No notice required for fixed-term lease- Year to year requires one month notice

Month To Month: At least 7 days prior to a payment date

North Dakota

Yearly/Fixed Term Lease: Fixed-term lease, notice is not required for a tenant who plans to end their tenancy when the lease expires. Year to year- one-month notice (tenant not renewing)

Month To Month: One month notice

Ohio

Yearly/Fixed Term Lease: No notice required

Month To Month: 30 Days

Oklahoma

Yearly/Fixed Term Lease: No notice required

Month To Month: 30 Days

Oregon

Yearly/Fixed Term Lease: No notice required

Month To Month: At least 30 days prior to a payment date

Pennsylvania

Yearly/Fixed Term Lease: At least 15 Days; More than a year-long lease requires 30 days

Month To Month: At least 15 days prior to a payment date

Rhode Island

Yearly/Fixed Term Lease: No notice required

Month To Month: At least 30 days prior to a payment date

South Carolina

Yearly/Fixed Term Lease: No notice required

Month To Month: At least 30 days prior to a payment date

South Dakota

Yearly/Fixed Term Lease: No notice required

Month To Month: At least 30 days prior to a payment date

Tennessee

(Video) CAN A LANDLORD NOT RENEW YOUR LEASE AT ANYTIME?

Yearly/Fixed Term Lease: No notice required

Month To Month: At least 30 days prior to the start of the next rental month

Texas

Yearly/Fixed Term Lease: At least 30 Days prior to the end of a fixed-term lease

Month To Month: At least 30 days from the next payment date

Utah

Yearly/Fixed Term Lease: No notice required

Month To Month: At least 15 days prior to a payment date

Vermont

Yearly/Fixed Term Lease: No notice required

Month To Month: At least one payment period prior to the termination date specified in the notice.

Virginia

Yearly/Fixed Term Lease: 90 Days

Month To Month: At least 30 Days from the next payment date

Washington

Yearly/Fixed Term Lease: No notice required

Month To Month: At least 20 Days written notice

Washington D.C.

Yearly/Fixed Term Lease: No notice required

Month To Month: 30 Days

West Virginia

Yearly/Fixed Term Lease: No notice required, year to year with no end date- 90 days required

Month To Month: 30 Days

Wisconsin

Yearly/Fixed Term Lease: Varies largely depending on the situation; here is a link with details

Month To Month: N/A

Wyoming

Yearly/Fixed Term Lease: No notice required – no statute

Month To Month: No statute

Double check your state laws by visiting the state’s website.

When do I need to send a renewal lease letter to my tenants?

Landlord Guide: How To Use Lease Renewal Notices (2)

There are certain steps a landlord must take to notify the tenants of the non-renewal. Most states require the landlord to give some kind of written notice to the tenant. The lease renewal notice period is usually 30 to 60 days, depending on the state. At that time, landlords need to mail (we suggest paying for certified mail) or hand-deliver a letter that states the tenant’s lease will come to an end on a given date.

In that letter, the landlord typically does not have to provide a reason for the non-renewal of the lease. The landlord may decide they simply want to find a new tenant. Many state laws protect landlords in this way, allowing them to terminate a lease without needing a reason whenever the expiration of a lease happens.

However, some states (such as California) do require that the landlord have a just cause for terminating the lease. This means that non-renewal can only happen in specific cases. In all other cases, the lease automatically turns into a month-to-month tenancy once expired.

If the tenant fails to vacate the rental property by the time the rental lease agreement is up, landlords will go ahead with that tenant’s eviction.

Can a landlord not renew a lease for no reason?

In most states, a landlord does not have to provide a reason for why they are choosing to not renew a lease. In the same breath, a tenant also does not have to provide a reason for nonrenewal.

A lease is a contract with a start and end date; as long as that contract is completed, no reasoning for non-renewal is needed.

Template: Tenant Non-Renewal Of Lease Sample Letter (+PDF)

In this section, we’ll go over our sample lease renewal letter. These templates can easily be used to communicate with your tenants about the renewal of a lease, and there is also an example letter that your tenants can use as well.

Each of these templates should be adapted to fit your particular situation more accurately.

Landlord Notice Of Nonrenewal To Tenants

Here’s a sample notice you can provide your tenant if you do not plan to renew the lease and expect the tenant to move out by the end of the tenancy period.

(Landlord Name)

(Your address)

(Date)

Dear (Tenant’s name),

This letter is to inform you that I do not intend to renew your lease. As per the laws of the State of (insert state), this is your (insert number of days) notice of non-renewal.

As of the (one day after their lease expires), all possessions should be removed from the premise and keys in the possession of the landlord.

I can be reached at (phone number and address) if you have any questions between now and the end of your lease that ends on (insert lease end date).

(Video) Renew Lease, Option Notice to Landlord

Sincerely,

(Landlord/Property Manager’s Name)

Lease Non-Renewal Letter To Landlord

Here’s a sample notice your tenants can provide to you to inform you that they will not be renewing your lease.

(Tenant Name)

(Your address)

(Date)

Dear (Landlord’s name),

This letter is to inform you that I do not intend to renew my lease. As per the laws of the State of (insert state), this is my (insert number of days) notice of non-renewal stating that I will be leaving my apartment on (date), which is the end of my current lease.

I expect that my security deposit of ($__) will be returned in full as the apartment will be left in broom-swept condition.

I can be reached at (phone number and address) if you have any questions between now and the end of my lease that ends on (insert lease end date).

Sincerely,

(Tenant’s Name)

Lease Renewal Notice To Tenant

Use the following notice sample to let your tenant know you would like to sign a new lease with them and what the renewal term will be.

(Your Name)

(Your address)

(Date notice is being sent)

Dear (Tenant’s name),

This letter is your official notice that your current lease expires on (lease expiration date). You have been a great tenant and we would like to enter into a new lease of (insert lease length).

Attached to this notice you will find a copy of the new lease for your records. All of the original terms of the lease remain the same with the exception of (insert any changes such as dates or rent amount).

Your security deposit (and any other deposits such as pet deposits) will remain intact and carry over into the new lease term.

If you decide to renew the lease, please call us at (insert phone number) so we can go over and sign the new lease together. This must be done by (insert date of your choice before the end of the current lease).

If you decide to move on from this apartment, please give us an (insert number of days based on your state’s law) day notice of non-renewal.

Sincerely,

(Landlord signature)

(Landlord printed name)

Lease Renewal Letter (PDF)

For those that do not wish to copy, paste and customize the above, landlords can also download our lease renewal letter pdf here to customize for your rental property.

FAQs About Lease Renewal Letters

Landlords everywhere always have questions on how to write a letter not renewing a lease. Below are some of the most commonly asked questions about lease renewals.

What Happens If Landlords Don’t Give Notice At The End Of A One-Year Lease?

If you do not give the written notice that the lease will not be renewed, a one-year lease will transition into a month-to-month lease agreement. The tenant will continue to pay rent monthly until one of the parties decides to end the lease.

This means that either the landlord or the tenant can end the rental lease agreement with a 30-day written notice. In most states, neither party needs to give a reason for the termination after this time.

If the landlord wants to end the lease, but the tenants do not, it’s important to communicate with each other. Landlords should explain the process and cite state law as they will likely be more familiar with the process than the tenants.

Under no circumstances should landlords accept rent or agree to any new leasing terms beyond the original lease term if they want the tenants to vacate. The court will interpret either of these actions as being a default extension for the original lease as one that is now month-to-month.

Can An Apartment Refuse To Renew A Lease?

In most states, it is up to the property owner and manager to determine whether or not they want to extend their lease agreement with a tenant. If they do not want to continue to rent to that tenant for some reason, it is within their rights to do so. However, it’s important to note the state & local laws on how to write a letter to an apartment about not renewing lease.

There are a few states that require a “just cause” reason for lease termination. In California, for example, leases must be renewed unless the landlord plans to stop renting the property for a legitimate reason such as renovation.

As with all rental laws, it is important to make sure you find out if your state or city has any ordinances with this type of lease renewal agreement restrictions. Ordinances that affect landlords vary widely between locations, so you want to make sure you’re knowledgeable about those that affect you.

If you are considering not renewing a lease with your tenant, be sure to communicate this with them within the required amount of time.

What Is The Difference Between A Lease Renewal And Lease Extension?

A lease renewal is when a completely new lease agreement will be signed between the tenant and the landlord. This lease agreement may have the same terms as the original lease agreement, or it may include updated terms that are agreed upon by both parties.

A lease extension is when the original lease is extended to cover an additional period. This can be done through an addendum that is signed by both parties; in this case, the original lease terms would apply exactly as they were.

A lease extension can also automatically occur when a tenancy continues past the original tenancy dates. In this case, the one-year lease agreement automatically converts into a month-to-month tenancy. While most of the original lease terms will apply, some rules about required notice periods may change to reflect that the rental is now a month-to-month tenancy.

How Long Can A Tenant Stay Without A Lease Renewal?

A lease renewal is not required for a tenant to be able to continue living in a property. Most state rental laws recommend that expired lease agreements automatically convert into month-to-month tenancies with the same rules as the original lease.

This means that a tenant can continue to stay in a property, without signing a new lease agreement, for as long as it is amenable to both parties. Fixed-term leases and month-to-month tenancies have many of the same rules and regulations, but there may be some important differences in the amount of time required to send out various rental notices to your tenant.

Once the tenant wants to move out or the landlord wants the tenant to move on, the required notice will need to be sent to the other party.

Determine State & Local Laws

Landlords need to comply with the laws of their state when it comes to giving notice of lease termination when ending a one-year lease. They need to communicate their intentions and try to give the tenant enough notice so they can vacate.

The state laws try to be fair to both parties. Because both the tenant and the landlord are bound by the contract that is the lease agreement, they are both beholden to it. If there are any complications regarding giving notice when ending a one-year lease, landlords should consult with a landlord/tenant attorney.

What Are Other Landlords Saying About Giving Notice When Ending A One-Year Lease?

Every landlord needs to protect themselves and their rental business. There are many real-life examples of how landlords are dealing with ending lease agreements in the RentPrep Facebook group.

See what other landlords say about renewing long leases by checking out our private Facebook group for Landlords.

Basic Steps To Remember When Sending Lease Renewal Notices

It is up to you to determine if it is time to end a lease, sign a new lease, or continue into a month-to-month tenancy with your tenant. Only you are familiar with the property and the tenant; only you can make that call.

Regardless of what decision you make, you must be sure to act with knowledge and confidence:

(Video) UPDATED! 60 Day Notice to Terminate Tenancy - Guide for renters and landlords

  • Send out any non-renewal notices with enough time for the tenant to vacate the property
  • Send out renewal notices with the details of the new lease with enough time to sign the new lease before the old one expires
  • Send out information about any month-to-month tenancy requirements on time as well

The key point to remember any time that you need to communicate with your tenant is that you are required by law to give tenants enough time to deal with your decision. It is within your rights to make decisions about your property, but those decisions affect your tenants’ lives as well. For that reason, paying attention to the required timeframe should be at the top of your priority list.

FAQs

Does a landlord have to respond to a section 26 notice? ›

The landlord must respond to a Section 26 request within two months of receipt if they wish to oppose the grant of a new tenancy.

How do I serve a section 25 notice? ›

How does a landlord serve a Section 25 notice? The landlord must serve a notice which must be: In the prescribed form, and. Served on the tenant (or tenants) not more than 12 months and not less than 6 months before the termination date specified in the notice.

When should you discuss tenancy renewal? ›

Tell them you'd be delighted to extend their lease and ask them to let you know at least a month before their contract expires if they'd like to renew. A good way to persuade good tenants to stay is to offer a rent freeze, but obviously if you do want to raise the rent, now is the time to mention it.

Does a landlord have to renew a tenancy agreement? ›

Firstly there is no obligation on a Landlord to renew a Tenancy agreement. This is because the tenant has automatically gained security of tenure for at the end of the initial rental period, say 6 months, from then on the Tenancy becomes a periodic tenancy.

What happens when a section 25 notice expires? ›

If the Tenant does not respond to the Section 25 Notice that is served, then the tenancy will either continue on the Landlord's proposed new terms or the tenancy will end on the specified date.

When can a landlord serve a section 25 notice? ›

Landlord's Section 25 Notice: The landlord can activate the procedure by serving a section 25 notice which states a termination date for the tenancy. Broadly the termination date cannot be more than 12 months nor less than 6 months from service of the notice and cannot be earlier than the term date of the lease.

What is Section 25 of the Landlord and Tenant Act? ›

25 Termination of tenancy by the landlord.

(1) The landlord may terminate a tenancy to which this Part of this Act applies by a notice given to the tenant in the prescribed form specifying the date at which the tenancy is to come to an end (hereinafter referred to as “ the date of termination ”):

What is a section 146 notice? ›

A notice issued under section 146 of the Law of Property Act 1925 that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord's intention to forfeit the lease.

What is a section 40 notice? ›

A Section 40 notice is a form that can be served by either the landlord or the tenant on the other in order to gather information to be able to make a decision on whether or not to renew or end a business lease.

What happens if tenancy agreement is not renewed? ›

Your tenancy becomes a periodic tenancy automatically if you stay past the end of the fixed term without a renewal agreement. A joint tenancy becomes periodic if any of the tenants stay on, unless there's a new agreement in place. A periodic tenancy continues on the same terms and you should pay your rent as normal.

Is a renewal a new tenancy? ›

If your agreement is an assured shorthold tenancy (AST) and you wish to stay in the property after the fixed term, a new written agreement (or 'renewal') is not essential. The tenancy becomes a 'periodic tenancy' and will continue with the same terms and conditions as before.

How often should you renew a tenancy agreement? ›

At the end of the fixed term your tenancy will become periodic. Either statutory periodic or contractual periodic, there's a subtle difference between the two but the key thing is that the tenancy continues on a periodic (generally monthly) basis until one or other party formally gives notice.

Can a tenant refuse to renew a tenancy agreement? ›

It is perhaps not very polite or helpful on the tenant's part to go back on an agreement with the landlord to sign a tenancy renewal form, but there is nothing a landlord can do to force the tenant to sign if they do not want to. Other than perhaps threatening eviction.

How much notice should a landlord give? ›

They have to give you at least 28 days notice, but this could be longer depending on your agreement. If you don't leave by the time your notice ends, your landlord has to go to court to get a court order to make you leave.

Does a landlord have to give notice to end a fixed term tenancy? ›

Your landlord can end the let at any time by serving a written 'notice to quit'. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.

What does a Section 25 mean? ›

What is a Section 25 Notice? A section 25 notice is named after the section in the Landlord & Tenant Act 1954 (the 'LTA') that sets out the information (in a notice) that a landlord needs to give the tenant in order to end a business tenancy.

When can a tenant serve a section 27 notice? ›

day by not less than three months' notice in writing given by the tenant to the immediate landlord, whether the notice is given after the date on which apart from this Act the tenancy would have come to an end or before that date, but not before the tenant has been in occupation in right of the tenancy for one month. ]

Can a section 25 notice be extended? ›

Following a section 25 notice or a section 26 request being served, but before the end of the statutory period, the landlord and tenant can agree in writing that the time for making an application at court be extended under LTA 1954, s 29B(1).

What is a Section 26 request? ›

26 Tenant's request for a new tenancy.

Provided that the said date shall not be earlier than the date on which apart from this Act the current tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the tenant.

Can a landlord refuse to renew a commercial lease? ›

A landlord cannot refuse a lease renewal simply because they do not like the tenant. They can, however, oppose the renewal for one of the specified grounds laid down in the 1954 Act. The most common reasons are: Repeated non-payment of rent.

What must a section 25 notice contain? ›

The section 25 Notice must specify the date on which the tenancy is to come to an end and must be served not more than 12 and not less than six months before the termination date specified. Check that the notice relates to the correct property (or part of it) comprised within the tenancy.

What is a Section 20 consultation? ›

A section 20 notice (S20) is a notice to tell you that we intend to carry out work or provide a service that leaseholders will have to pay towards. We must serve a S20 on any leaseholder who will be affected by the work or receive the service.

What is a section 17 notice? ›

17 notice which specifies the amounts due within 6 months beginning with the date when the charge becomes due. The prescribed form of notice informs the former tenant or guarantor about the liability and protects a landlord's right to seek payment. You should serve this notice even if the tenant is on a payment plan.

What is a section 147 notice? ›

(1)After a notice is served on a lessee relating to the internal decorative repairs to a house or other building, he may apply to the court for relief, and if, having regard to all the circumstances of the case (including in particular the length of the lessee's term or interest remaining unexpired), the court is ...

When can a landlord serve a section 146 notice? ›

The landlord must serve a section 146 notice on the tenant before it forfeits the lease for a breach of a covenant, unless the breach is non-payment of rent. This standard document must be read in conjunction with the integrated drafting notes, which set out the formal requirements of a valid section 146 notice.

What is a section 42 notice? ›

A Section 42 Notice (also known as the Tenant's Notice) is served on the landlord/freeholder and it starts the statutory lease extension process. You can serve your own section 42 notice, however most people instruct a solicitor to do it for them.

What is a Section 5 notice? ›

Under the Landlord and Tenant Act 1987, it is often likely that a freeholder (or another landlord) who wishes to dispose of an interest in a block of flats must first serve a Notice (a “Section 5 Notice”) on qualifying leaseholders giving them the opportunity to buy that interest on the terms set out in the Notice.

What is a police section 40? ›

40 Review of police detention.

(1)Reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically in accordance with the following provisions of this section—

How do I serve a tenant notice? ›

The safest ways to give notice are:

Giving notice to the tenant personally with a means of proving receipt (e.g. asking the tenant to sign, or having an independent witness) Leaving notice at the property, again with some proof of doing so (e.g. a photo with a time stamp)

What do you do at the end of a tenancy agreement? ›

End of tenancy checklist
  • Give notice. If you are on a fixed-term tenancy, read through your tenancy agreement to check what terms are outlined, especially if you're ending the tenancy early. ...
  • Deep clean. ...
  • Carry out minor Repairs. ...
  • Take photos. ...
  • Check-out inventory. ...
  • Return the keys. ...
  • Notify utility companies. ...
  • Change of address.

Can a landlord increase rent? ›

In Lagos State, landlords can increase rent once every 6 months. Rent increases in Lagos State are governed by the Landlord and Tenant Act (LTA) of 1960, which gives tenants and landlords the right to demand rent increases.

Can a landlord end a fixed term tenancy early? ›

Fixed Term Assured Shorthold Tenancies

If the landlord wants to end the tenancy before the end of the fixed term they can only do so if: one of the grounds for possession as determined in the Housing Act 1988 apply, and. after serving a Section 8 notice and following the correct legal process.

What is a rolling tenancy? ›

A rolling tenancy agreement is a tenancy agreement with no end date and both the landlord and the tenant have the right to end the tenancy by serving notice. The required notice depends on the payment frequency (weekly vs monthly), the type of agreement they have entered into and the grounds for serving notice.

Are tenancy renewal fees legal? ›

In the contract, there should be a clause which refers to a renewal fee if it's part of their policy. However, if the tenancy renewal fee is NOT in the contract, or clearly stated in the contract, then there's a good chance you won't be liable to pay.

Do you need a new tenancy agreement every year? ›

Usually a tenancy agreement will be for a term of six months or a year. At the end of that period, certainly if your landlord is using an agent, you will be asked to sign up for a further term. Many agents will also ask you to pay a 'renewal fee' at the same time.

Can landlord increase rent on periodic tenancy? ›

A periodic tenancy is a rolling tenancy. With a periodic tenancy, your rent can go up if: you agree to it. your contract has a rent review clause.

What happens if my lease runs out? ›

The fact that the terms of the lease has come to an end does not mean that you have to leave the property. Unless you or your landlord takes specific steps to end the agreement under the lease, it will simply continue on exactly the same terms. You do not need do anything unless you receive a notice from your landlord.

Can you stay in a rented property after your move out date? ›

Can you stay in your property past the move out date? Yes. The notice to quit is a document that proves your intention to move. When the landlord agrees, that intention becomes mutual.

Do landlords have to provide vacuum cleaner? ›

It's not often that a landlord will provide a vacuum cleaner and other cleaning equipment in a rental property, even when furnished. However, we recommend doing so. Not all tenants will have their own hoover and in a shared property, there may be arguments about who pays for it.

How much notice do you have to give a tenant 2022? ›

The only immediate change this will bring is to notice periods for private tenancies. From May 5 2022 tenants will have to give: 4 weeks' notice if the tenant has lived in the property for less than 10 years. 12 weeks' notice if the tenant has lived in the property for more than 10 years.

What are the new regulations for landlords? ›

Landlords must meet certain obligations to serve a 'no fault' eviction notice, such as registration, licensing, deposit protection and health and safety provisions. Break clauses will only be allowed for fixed-term occupation contracts of 2 years or more and the break clause cannot be exercised for the first 18 months.

Can a landlord tell you who can be at your house? ›

Whilst they have no legal right to tell you who can visit, your landlord may request that you keep guests to a minimum in order to control noise. This is especially true of apartments.

What happens when a landlord serves notice? ›

If your section 21 notice is valid, your landlord will need to go to court to evict you. You might be able to challenge your eviction and stay longer in your home. You might have to pay court costs if you decide to challenge your eviction. You should make sure you have a good case before you decide to go to court.

How much notice does a landlord have to give to end a periodic tenancy? ›

A notice to quit (NTQ) must be in writing and the notice period must be at least: four weeks[1] or. if the period of the tenancy is longer, equivalent to the period of the tenancy or licence (except for yearly periodic tenancies where the notice period is six months)[2]

How does a landlord end a tenancy? ›

You must give your tenants written notice that you want the property back ('notice to quit') and the date they must leave. The notice period you give them must be at least 2 months for section 21 notices.

Can a section 26 notice be withdrawn? ›

If a section 26 notice ( under the L and T Act 1954 ) is served on a Landlord by its Tenant under a commercial lease which has yet to expire is it possible for the Tenant to withdraw at any stage and not take up a new lease regardless of whether the Landlord agrees the proposed terms or regardless of any court decision ...

What is the notice period for a commercial property? ›

Section 25 timeframes. Strict timings apply to a Section 25 notice. You'll need to serve it between six and 12 months before the end of your contractual term.

What is a 1954 Act notice? ›

The Landlord and Tenant Act 1954 (“the 1954 Act”) provides business tenants the right to security of tenure.

What is a Section 25 Landlord and Tenant Act 1954? ›

25 Termination of tenancy by the landlord.

(1) The landlord may terminate a tenancy to which this Part of this Act applies by a notice given to the tenant in the prescribed form specifying the date at which the tenancy is to come to an end (hereinafter referred to as “ the date of termination ”):

What is a section 40 notice? ›

A Section 40 notice is a form that can be served by either the landlord or the tenant on the other in order to gather information to be able to make a decision on whether or not to renew or end a business lease.

When can a tenant serve a section 27 notice? ›

day by not less than three months' notice in writing given by the tenant to the immediate landlord, whether the notice is given after the date on which apart from this Act the tenancy would have come to an end or before that date, but not before the tenant has been in occupation in right of the tenancy for one month. ]

Does a landlord have to renew a lease UK? ›

Your landlord can refuse to renew your lease if: you're in breach of your obligations (for example, you've not paid your rent) they want to use the premises themselves, for their business, or to live there.

Can a landlord refuse to renew a commercial lease? ›

A landlord cannot refuse a lease renewal simply because they do not like the tenant. They can, however, oppose the renewal for one of the specified grounds laid down in the 1954 Act. The most common reasons are: Repeated non-payment of rent.

How can a landlord end a commercial lease? ›

The landlord has the right to terminate a lease upon expiry of the current lease by serving a Section 25 Notice to the tenant. A section 25 Notice should normally be served 6 to 12 months before the lease expiration date.

What happens when a commercial lease ends? ›

If no notice has been served by either party, the lease will roll over the expiration date and carry on. However, both parties can terminate the lease after the expiration date by serving their notices.

What leases does the 1954 Act apply to? ›

The Act only applies to “tenancies” – licences and certain types of lease are excluded from this definition. There must be “premises”. There must be “occupation”.
...
There are a number of types of tenancy which are not included:
  • Tenancies which have been expressly contracted out of the Act.
  • Tenancies at will.
18 Nov 2013

Is the lease contracted out of the Landlord and Tenant Act 1954? ›

“Contracting Out” is shorthand for the procedure to exclude a tenant's security of tenure i.e. it's right to renew its commercial lease at the end of the term and is set out in Section 38A of the Landlord and Tenant Act 1954 (1954 Act).

Does Landlord and Tenant Act 1954 apply to licences? ›

LTA 1954 applies only to tenancies and not to licences. There is therefore no need to contract out of the security of tenure provisions if what is granted is a licence.

What is a section 146 notice? ›

A notice issued under section 146 of the Law of Property Act 1925 that warns a tenant who is in breach of covenant (other than the covenant to pay rent) of the landlord's intention to forfeit the lease.

What is Section 25 of the Landlord and Tenant Act 1985? ›

25 Failure to comply with s. 21, 22 or 23 an offence. E+W. (1)It is a summary offence for a person to fail, without reasonable excuse, to perform a duty imposed on him by section 21, 22 or 23.

What must a section 25 notice contain? ›

The section 25 Notice must specify the date on which the tenancy is to come to an end and must be served not more than 12 and not less than six months before the termination date specified. Check that the notice relates to the correct property (or part of it) comprised within the tenancy.

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