Must a month-to-month tenant give a 60 day notice?

UPDATED: Mar 2, 2012

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Must a month-to-month tenant give a 60 day notice?

I have been on a month-to-month tenancy for a year and my building has been bought and sold twice. The new owners would like for me to give them a 60 day notice. In my lease with the original owner, it states that even though I’m month-to-month, I still have to abide by the lease which I don’t think is legal.

Asked on March 2, 2012 under Real Estate Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under most state laws, a month-to-month tenancy requires a 30 day notice in writing to the landlord to legally end it without recourse. Possibly your state may have a statute requiring 60 days notice. I suggest that you read up on your state's requirements on the needed notice. I suggest that you go down to your county law library to find out this information.

Another issue is that your written lease may require a 60 day notice. If that is true, then you will need to give the 60 day notice period as opposed to the typical 30 day period.

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