Whether you are a landlord or a tenant, you should be very cautious about ending an agreement before the end of the rental period. Consult with someone who knows about landlord-tenant law. The Department of Commerce and Consumer Affairs can provide additional information, or you may contact an attorney.

Written Agreement

Your written rental agreement should specify how long the rental will last. This rental period is the period of time that a tenant may lawfully live in the house or apartment.

The rental agreement may be ended earlier if both the landlord and tenant agree. A rental agreement may also be ended earlier if either the landlord or the tenant does not do something that is required by the rental agreement. Your agreement may require that you take certain steps before terminating the rental, so you should find out what your written agreement says about termination of the agreement.

Oral Agreement

A landlord and tenant can agree orally on the rental period. The rental period is the period of time that a tenant may lawfully live in the house or apartment. An oral agreement may have a rental period of one week, one month, or several months. If the rental is for more than one year, the agreement must be in writing.

A rental agreement can be ended before the rental period is over if the landlord and tenant agree. If either the landlord or the tenant does not agree, the person who wants to end the rental must follow certain steps.

Week-to-Week

If the rental period is one week, the law requires that the person wishing to end the rental (either the landlord or the tenant) let the other person know at least 10 days before the intended ending date. The notice does not have to be in writing.

Month-to-Month

If the rental period is one month, the law requires that a landlord notify the tenant in writing at least 45 days before the date the landlord wants the tenant to move out. A tenant who wants to end the rental must give written notice to the landlord 28 days before moving.

Six Months to One Year

If the rental period is between six months and one year, the rental agreement can be ended earlier if both the landlord and tenant agree. A rental agreement may also be ended earlier if either the landlord or the tenant does not do something that is required by the rental agreement. Your oral agreement may require that you take certain steps before terminating the rental.