My landlord collected my monthly rent, then gave me a 30-day notice of termination two hours later.

I recently came across this question. A tenant paid the monthly rent, on time, then two hours later was served with a 30-day notice of termination of the tenancy. The tenant wanted to know if it was legal for the landlord to collect the rent, then almost immediately thereafter, give them a notice of termination of tenancy.

Clearly, this is an unpleasant situation. I can imagine how I would feel if I paid the rent and then came home to find a 30-day notice to quit posted on my door.

Unfortunately, not all unpleasant situations are unlawful.

There's nothing necessarily improper about a landlord giving 30-day notice to terminate your tenancy shortly after collecting rent. It's not very nice, but it doesn't automatically invalidate the notice. If you have lived at the property for less than a year, and assuming there is nothing in the lease agreement to the contrary, the 30-day notice is likely valid. (There may be other factors affecting the validity of the notice, such as the precise contents, manner of service, and even the landlord's motivation for posting it. It's always best to contact an attorney for advice related to your specific factual information.) If you have lived in your unit for more than a year, a 60-day notice is likely required.

It's also good to be aware that if you are in breach of any conditions in the lease (e.g., having more occupants than the lease allows), the landlord also has the option of serving a 3-day notice to cure or quit, which gives you only three days to cure any breach of your rental agreement.


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