Landlord Tenant Notices Law and Legal Definition

In general, the landlord is required to give the tenant notice of a default in rent or other payments before bringing eviction proceedings. Also, a landlord typically may enter with or without notice and consent in an emergency only. Landlord otherwise must give at notice (writing typically not explicitly required) if practical, and may only enter if tenant gives consent, otherwise must proceed to legal remedies. Often, in the case of extended absence, the landlord may enter on notice with or without consent and terminate tenancy if there is evidence of abandonment. The landlord may only enter at reasonable times. A landlord may also provide that his or her consent to a tenant must be obtained in the event of an assignment of the lease.

Tenants may also be required to give notice in certain instances, such as an intent to vacate the premises. Tenants may also be required to give notice of an intent to deduct sums from rent, such as the cost of necessary repairs.

The landlord may be required by local laws, which vary, to provide notice of a proposed rent increase, and may be limited in amount. For example, the following is an example of a city rent statute:

"SEC. 37.3. RENT LIMITATIONS.

(a) Rent Increase Limitations for Tenants in Occupancy. Landlords may impose rent increases upon tenants in occupancy only as provided below and as provided by Subsection 37.3(d):

  1. Annual Rent Increase. On March 1st of each year, the Board shall publish the increase in the CPI for the preceding 12 months, as made available by the U.S. Department of Labor. A landlord may impose annually a rent increase which does not exceed a tenant's base rent by more than 60 percent of said published increase. In no event, however, shall the allowable annual increase be greater than seven percent."