If my lease was up a year ago and I’ve been month-to-month by “verbal agreement”, does my landlord have to give me a 30 day notice to vacate?

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If my lease was up a year ago and I’ve been month-to-month by “verbal agreement”, does my landlord have to give me a 30 day notice to vacate?

Asked on September 28, 2012 under Real Estate Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, when a tenant is a month-to-month tenant--and whenever there is only an oral or verbal agreement, it creates a month-to-month tenancy--the landlord must provide a month notice terminating the tenancy (or the tenant must provide a month notice that he or she is moving out). There are exceptions, however, in that a landlord may still evict for nonpayment, for deliberately damaging the landlord's property, or for certain other grounds without first providing notice.


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