Can a landlord require 60 days notice? state rules explained

Last updated 2026-07-26

can a landlord require 60 days notice from a tenant?

Yes, but only within limits set by state law. A landlord can put a 60-day notice requirement in a lease if the state's landlord-tenant statute either sets 60 days as the default for month-to-month tenancies or allows the parties to agree to a longer notice period than the state minimum. The catch is that state law usually sets a floor, not a ceiling that a lease can extend indefinitely, but many states do let landlords and tenants agree to longer notice than the statutory default. California, for example, requires 60 days notice from a landlord to end certain month-to-month tenancies where the tenant has lived there a year or more, and requires the tenant give only 30 days unless the lease says otherwise ^[1]. So the 60-day rule in California actually runs the other direction for most cases, it binds the landlord more than the tenant. In practice, if you're a landlord who wants tenants to give 60 days notice before moving out, you generally need to write that into the lease as a mutual or tenant-specific notice term, and you need to confirm your state doesn't cap tenant notice at something shorter (30 days is common) regardless of what the lease says. A lease clause that tries to demand more notice than state law allows for a tenant to give is often unenforceable, even if the tenant signed it.

how much notice does a landlord have to give a tenant?

California	30 days (under 1 yr) / 60 days (1+ yr)	Cal. Civ. Code § 1946.1 [1]
New York	30/60/90 days based on tenancy length	NY RPL § 226-c [2]
Oregon	90 days after first year (no-cause)	ORS 90.427 [3]
Most other states	30 days is common default	varies by state statute	This is the landlord's notice obligation to the tenant, which is a separate question from whether a landlord can require the tenant to give 60 days notice. Don't confuse the two when you're drafting a lease or reacting to a notice you received.

Most states require 30 days notice for a landlord to end a month-to-month tenancy, but a growing number require 60 or even 90 days, especially for longer-term tenants or in cities with just-cause eviction rules. California requires 60 days notice when a tenant has occupied a unit for one year or longer, and 30 days if under a year, per California Civil Code Section 1946.1 ^[1]. New York requires notice based on tenancy length: 30 days if under one year, 60 days if one to two years, and 90 days if two years or more, under New York Real Property Law Section 226-c ^[2]. Oregon generally requires landlords to give 90 days notice to end a month-to-month tenancy without cause after the first year of occupancy, under Oregon Revised Statutes 90.427 ^[3]. Here's a quick comparison of landlord notice requirements to end a month-to-month tenancy in a few states: | State | Notice landlord must give | Source |

how much notice does a tenant have to give a landlord?

In most states, a tenant on a month-to-month lease has to give the same notice period the landlord would owe, usually 30 days, unless the lease specifies something different and state law allows that. Some states let a lease increase the tenant's notice obligation above the statutory default. If your lease says the tenant must give 60 days notice before vacating, that clause is usually enforceable as long as your state doesn't set a hard cap. Check your state's residential landlord-tenant statute or your state attorney general's consumer guidance before assuming a 60-day clause holds up. A few states and cities with rent stabilization or just-cause eviction ordinances also regulate how much notice a tenant owes when ending a lease, so a citywide ordinance can override what you'd expect from state law alone.

can a landlord put a notice clause in the lease that differs from state law?

Sometimes, yes. Many states allow landlords and tenants to agree to notice periods longer than the statutory minimum, but not shorter, and not in a way that strips away a tenant protection the state considers non-waivable. The safest approach is to treat the state's default notice period as a floor. You can usually write a lease clause requiring more notice than state law demands (say, 60 days instead of a 30-day default), but you generally cannot write a clause requiring less notice than the law provides, and you can't use lease language to evade a city's just-cause or rent-control notice rules if those apply to your unit. This matters a lot in mandatory rental-licensing cities, where notice rules sometimes get bundled with local tenant protection ordinances tied to the rental license itself. If your city requires a rental license, check whether the local ordinance (more than state law) sets its own notice floor, since violating it can jeopardize your license standing, more than create a tenant dispute.

how to become a landlord

Becoming a landlord starts with owning or controlling residential property you intend to rent out, then meeting your state and city's legal requirements before you hand over keys. There's no license required in most places just to be a landlord generally, but plenty of cities require a rental license or registration for the specific property. The basic steps: confirm your property is zoned for rental use, check whether your city requires rental registration or a rental license (many mid-size and large cities do), get any required inspection scheduled and passed, set up a compliant lease that matches your state's landlord-tenant law, and get landlord insurance in place. You'll also want a system for handling security deposits per your state's rules, since deposit handling is one of the most litigated areas of landlord-tenant law. If your city is one of the growing number requiring a rental license or periodic inspection, budget time and money for that upfront. Fees and inspection requirements vary enormously by city, so confirm with your city rental licensing office rather than assuming a flat national number. For help organizing the paperwork a city inspection or license application typically demands, a tenant rights guide covering your local rules is worth reading before you list the unit.

how to be a landlord (day to day responsibilities)

Being a landlord day to day means responding to maintenance requests promptly, keeping the unit habitable, following your state's notice and entry rules, and handling money (rent, deposits, fees) in a way that matches state law exactly. Most states have an implied warranty of habitability, meaning the unit has to meet basic health and safety standards regardless of what the lease says. You're also responsible for following your state's rules on entering the unit (many states require 24 to 48 hours notice before a non-emergency entry), returning security deposits within a specific window after move-out (often 14 to 30 days depending on the state), and giving proper notice before ending a tenancy or raising rent, per the notice rules covered above. A lot of first-time landlords underestimate the paperwork side: lease renewals, notice letters, inspection checklists, and license renewal deadlines pile up fast once you have more than one unit. Building a simple calendar for renewal and inspection dates saves you from late fees and missed notice windows.

what is landlording and what is a landlord?

A landlord is the owner (or the owner's authorized agent) who rents residential or commercial property to a tenant in exchange for rent, under a lease or rental agreement. Landlording is the informal term for the practice of managing rental property, everything from screening tenants to handling repairs to complying with local rental licensing rules. Legally, a landlord has obligations that vary by state but generally include keeping the property habitable, following proper procedures for notice, entry, and eviction, and handling security deposits according to state law. The federal Fair Housing Act also prohibits landlords from discriminating based on race, color, national origin, religion, sex, familial status, or disability ^[4]. Many states and cities add protected classes on top of the federal list, so check your state's fair housing statute too.

what rights do tenants have without a lease?

A tenant without a written lease, sometimes called a tenant-at-will or month-to-month tenant, still has legal rights under state law, including the right to habitable housing, protection from illegal lockouts, and a right to proper notice before the tenancy ends. Even without a signed lease, an oral or implied rental agreement creates a landlord-tenant relationship governed by your state's statute. The tenant is typically entitled to the same habitability protections, the same rules around security deposit handling if a deposit was collected, and the same notice period a month-to-month tenant would get under state law (commonly 30 days, though as covered above some states require 60 or 90 days depending on tenancy length). What a tenant without a lease usually does not get is a fixed term of occupancy, meaning the landlord can end the tenancy with proper notice rather than needing 'just cause' tied to a lease violation, unless local just-cause ordinances apply. For more on baseline protections, see tenants rights and renters rights.

why do landlords require renters insurance?

Landlords require renters insurance mainly to shift liability for the tenant's personal property and personal liability claims away from the landlord's own policy. A landlord's property insurance covers the building and the landlord's own losses, it usually does not cover a tenant's furniture, electronics, or personal liability if a guest gets hurt in the unit. Requiring renters insurance is legal in most states as a lease condition, as long as it's disclosed in the lease and applied consistently to all tenants (to avoid fair housing issues). Typical policies run in the range of $15 to $30 a month depending on coverage amount and location, though costs vary by insurer and region and there's no single federal number to cite. Landlords also like renters insurance because many policies include liability coverage that can help cover damage a tenant accidentally causes (like a kitchen fire), reducing disputes over who pays.

who is responsible for rental property walk-through inspection in california?

In California, the landlord is responsible for offering an initial move-out walk-through inspection if the tenant requests one, and this is a right specifically created by state law, not something the landlord can skip. Under California Civil Code Section 1950.5, a landlord must, if the tenant requests, conduct an initial inspection before the tenant moves out and give the tenant an itemized statement of deductions the landlord intends to make from the security deposit, so the tenant has a chance to fix issues before final move-out ^[5]. The landlord has to give the tenant reasonable notice of the date and time, at least 48 hours in most cases, and provide a written itemized list of deficiencies identified during that inspection. Separately, cities with mandatory rental licensing programs, like many across California, often require a city-conducted rental inspection as a condition of the license itself. That inspection checks the unit against local housing and safety code, and it's a different process from the move-out walk-through covered under Section 1950.5. If your unit is in a city requiring a rental license, check with your city rental licensing office for its specific inspection schedule and checklist, since these vary widely between cities and counties.

what can a landlord look at during an inspection?

During a routine or move-out inspection, a landlord can generally check for damage beyond normal wear and tear, safety hazards, unauthorized occupants or pets, cleanliness, and whether the unit matches the condition described in the move-in checklist. A landlord conducting a periodic inspection (allowed in most states with proper notice, commonly 24 to 48 hours) can look at working condition of smoke detectors, plumbing leaks, HVAC function, signs of pest infestation, and general maintenance issues. What a landlord typically cannot do is search personal belongings, go through drawers or closets unrelated to a maintenance issue, or use an inspection as a pretext to harass a tenant or retaliate for a complaint. Many states have anti-retaliation statutes that protect tenants who've reported code violations or organized around habitability issues. City rental license inspections are different: those check the property against local housing code (electrical, structural, smoke and CO detectors, egress windows, and similar) rather than the tenant's personal condition of living. If you're prepping for a city rental license inspection, organizing your documentation and repair history ahead of time is the single biggest thing that speeds up passing on the first visit. That's the specific gap our $79 City Rental License & Inspection Prep Packet is built to close, it's a one-time packet to help you organize what most city inspection checklists ask for before the inspector shows up.

what a landlord cannot do in ohio

In Ohio, a landlord cannot enter the unit without reasonable notice (Ohio law generally expects at least 24 hours except in emergencies), cannot shut off utilities or change locks to force a tenant out (self-help eviction is illegal), and cannot retaliate against a tenant for exercising a legal right, like reporting a code violation. Ohio Revised Code Section 5321.04 requires landlords to give reasonable notice, generally interpreted as 24 hours, before entering except in an emergency ^[6]. Ohio Revised Code Section 5321.02 prohibits a landlord from retaliating against a tenant, including raising rent, decreasing services, or threatening eviction, because the tenant complained to a government agency about a building, housing, or health code violation ^[7]. A landlord in Ohio also cannot evict a tenant without going through the court process (a forcible entry and detainer action), meaning lockouts, utility shutoffs, or removing a tenant's belongings without a court order are all illegal self-help evictions. Ohio doesn't have a single statewide rental licensing law, but several Ohio cities (Cleveland and Columbus have rental registration or licensing programs, for example) require registration or licensing separate from these tenant-protection statutes. Confirm with your specific city's rental licensing office whether your address needs to be registered or licensed, since city rules stack on top of, not instead of, the statewide protections above.

what happens if you violate a state's notice requirement?

If a landlord serves a notice shorter than what state law requires, the notice is typically defective and unenforceable, meaning any eviction filed based on it can be dismissed or delayed by a court. Courts in most states treat the statutory notice period as a strict requirement, not a suggestion. Serving a 30-day notice in a state that requires 60 days for a tenant of that tenure (like California under Civil Code Section 1946.1 ^[1]) generally means you have to start the notice clock over once you correct it, costing you weeks of delay and, often, additional filing fees if you'd already gone to court. The safer move is always to check the exact statute for your state and, if your city has its own just-cause or notice ordinance layered on top, follow whichever rule is stricter.

how does city rental licensing interact with notice requirements?

City rental licensing programs generally don't set their own notice periods for ending a tenancy, that's governed by state law, but some cities with just-cause eviction ordinances do add notice requirements tied to license compliance. For example, cities with just-cause eviction ordinances (several California cities, Portland, and parts of New Jersey and others) often require a specific notice period and a stated legal reason before a landlord can end certain tenancies, and failure to follow the local ordinance can trigger tenant defenses in court and, in some cities, can affect your standing to renew a rental license. If you operate in a city with mandatory rental licensing, check whether that city also has a just-cause ordinance, since the two rules often get enforced together even though they come from different parts of the code.

Frequently asked questions

Can a landlord require 60 days notice to move out?

Only if state law allows a lease to set a longer notice period than the default, or if state law already sets 60 days as the standard for tenants of a certain tenancy length. California, for instance, generally requires only 30 days notice from tenants regardless of tenure, while requiring the landlord to give 60 days after one year of occupancy under Civil Code Section 1946.1.

What states require 60 days notice from a landlord?

California requires 60 days notice from a landlord when a tenant has lived in the unit one year or more, under Civil Code Section 1946.1. New York requires 60 days for tenants of one to two years' tenancy under RPL Section 226-c. Check your specific state statute since rules vary by tenancy length and sometimes by city ordinance.

How much notice does a landlord have to give before ending a lease?

It depends on your state and the type of tenancy. Most states default to 30 days for month-to-month tenancies, but California, New York, and Oregon require 60 to 90 days for tenants who've lived there longer, and cities with just-cause ordinances sometimes add their own notice rules on top.

Can a tenant be required to give more notice than state law requires?

Often yes, if the lease specifies it and the state allows notice periods to be extended by agreement. Most states treat the statutory notice period as a minimum floor, meaning a lease can require more notice, but generally can't require less than what state law guarantees the tenant.

How to become a landlord?

Own or control a rental property, confirm zoning and any city rental license or registration requirement, pass required inspections, set up a lease compliant with your state's landlord-tenant law, and get landlord insurance in place. Cities with mandatory rental licensing add inspection and fee steps on top of these basics.

Who is responsible for the rental property walk-through inspection in California?

The landlord is responsible for offering a move-out walk-through inspection if the tenant requests one, per California Civil Code Section 1950.5. The landlord must give reasonable notice and a written itemized list of deficiencies so the tenant can address them before final move-out and deposit deductions.

What is landlording?

Landlording is the informal term for the practice of owning and managing rental property, covering tenant screening, rent collection, maintenance, notice and entry compliance, and increasingly, rental license and inspection compliance in cities that require it.

What is a landlord?

A landlord is the property owner, or an authorized agent acting for the owner, who rents residential or commercial space to a tenant under a lease or rental agreement, and who takes on legal obligations for habitability, notice, deposits, and fair housing compliance.

What rights do tenants have without a lease?

Even without a written lease, a tenant generally keeps the right to habitable housing, protection from illegal lockouts, proper security deposit handling, and the standard notice period for month-to-month tenants under state law, commonly 30 days but sometimes longer depending on the state.

Why do landlords require renters insurance?

Renters insurance shifts liability for a tenant's personal property and personal injury claims away from the landlord's own policy, since a landlord's building insurance typically doesn't cover a tenant's belongings or liability for guest injuries inside the unit.

What can a landlord look at during an inspection?

A landlord can generally check for damage beyond normal wear, safety hazards, smoke detector function, plumbing issues, pest problems, and unauthorized occupants or pets. A landlord typically cannot search personal belongings or use an inspection to harass or retaliate against a tenant.

What can a landlord not do in Ohio?

An Ohio landlord cannot enter without reasonable notice (generally 24 hours except emergencies) under Ohio Revised Code 5321.04, cannot retaliate against a tenant for reporting code violations under Ohio Revised Code 5321.02, and cannot force a tenant out through lockouts or utility shutoffs instead of a court eviction.

Sources

1. California Legislative Information, Civil Code Section 1946.1: California requires 60 days notice from a landlord to end certain month-to-month tenancies of one year or more, and generally 30 days from a tenant
2. New York State Senate, Real Property Law Section 226-c: New York requires landlord notice of 30, 60, or 90 days based on length of tenancy
3. Oregon State Legislature, ORS 90.427: Oregon generally requires 90 days notice to end a month-to-month tenancy without cause after the first year
4. U.S. Department of Housing and Urban Development, Fair Housing Act overview: Federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability
5. California Legislative Information, Civil Code Section 1950.5: California landlords must offer a move-out walk-through inspection upon tenant request and provide an itemized list of deficiencies
6. Ohio Legislature, Ohio Revised Code Section 5321.04: Ohio landlords must give reasonable notice, generally 24 hours, before entering a rental unit except in emergencies
7. Ohio Legislature, Ohio Revised Code Section 5321.02: Ohio law prohibits landlord retaliation against tenants who report code violations