How To Check if Your Landlord’s Termination Notice Is Legal
A termination notice is something in writing from your landlord that says they want you to move out by a certain date. It could be a handwritten note or a form signed by your landlord. If you do not move out by the date in the notice, the landlord can use the notice to start an eviction court case against you.
If you want to stay in your rental and fight the eviction, the first step is to check if your landlord's notice is correct. If the notice isn't correct, you have a defense in an eviction case.
If you can answer "no," to any of the questions below, your landlord's notice probably isn't correct.
Did your landlord tell you in writing they want you to move out?
If your landlord doesn't give you a piece of paper that says they want you to move out, they haven't given you a legal notice.
Did your landlord give you the notice in the right way?
Your landlord has to give you a copy by either:
- Handing you the notice;
- Mailing it to you by regular, USPS mail;
- Posting it on your door and then mailing you a copy (but only if your rental agreement says they can do this); or
- Emailing it to you and then mailing it to you (but only if you signed something saying you agree to get email notices).
Does your landlord's notice include information for veterans?
All notices (even notices for renters who aren't veterans) must have information for veterans about where to find community resources.
Does your landlord's notice tell you the exact date (and sometimes time) you must move out by?
If your landlord's notice gives you 10 days or less to move out, your landlord must tell you the exact date and time you must move out by. For example:
- Right: "You must move out by January 1, 2024 at 11:59 p.m."
- Wrong: "You must move out within 10 days of the date of the notice," or "You must move out by January 1, 2024."
If you are given more than 10 days to move, your landlord only has to include the exact date. For example, "January 1, 2023."