Also known as: notices of termination · termination notice · termination notices · notice to terminate
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A method of revoking an offer made to the public by advertisement or general notification. The revocation occurs when publicity equal in scope to the original offer is given and no better means of notification is reasonably available.
A communication by which a landlord or tenant ends a periodic tenancy or tenancy at will at the conclusion of a rental period. Statutes commonly require that the notice be given in advance of the end of the current period.
Each sense below has its own examples, sources, and questions.
A method of revoking an offer made to the public by advertisement or general notification. The revocation occurs when publicity equal in scope to the original offer is given and no better means of notification is reasonably available.
Select any source to read its text and confirm it supports the definition.
A communication by which a landlord or tenant ends a periodic tenancy or tenancy at will at the conclusion of a rental period. Statutes commonly require that the notice be given in advance of the end of the current period.
Select any source to read its text and confirm it supports the definition.
MetroPower advertised a $300 rebate for smart thermostats through bill inserts and radio spots. When funds ran low, it posted a quiet FAQ notice on its website but left the radio ads unchanged. Dana saw the original ads, installed a thermostat, and claimed the rebate. Because the termination notice lacked equal publicity, Dana's power of acceptance remained intact and she recovered the payment.
ALCOA and Essex entered a molten metal supply agreement. After market changes, ALCOA sent Essex a formal notice stating that it would terminate the contract at the end of the current period. The notice satisfied the contractual termination clause, relieving ALCOA of further delivery obligations once the period expired.
The notice must receive publicity equal to that given the original offer. A buried website FAQ does not suffice when the offer was promoted through widespread bill inserts and radio spots.
Supporting sources
River Studio and Sun Channel agreed by email to a month-to-month rental of a loft. River Studio paid rent for eight months. Sun Channel later demanded that River Studio vacate within four days. Because proper notice equal to the rental period had not been given, the tenancy continued until the required notice was provided.
Nadia Novak rented space from Neptune Energy under an agreement terminable at will by either party. Neptune sent a written notice stating that the tenancy would end on the last day of the following month. The notice complied with the statutory period requirement, so the tenancy terminated on that date and rent was apportioned accordingly.
After the original tenant died, the landlord sought to evict Braschi, a long-term occupant claiming family status under rent-control rules. The court examined whether Braschi qualified as a surviving family member entitled to continued occupancy. Because the landlord had not properly terminated the tenancy through required notice procedures, Braschi remained protected from eviction.
One month's notice is required. The notice must be given before the end of the current period so that the tenancy does not automatically renew.
Supporting sources
The notice may be oral unless the lease provides otherwise. It takes effect on the day received unless a later date is specified, and rent is apportioned to the termination date.
Supporting sources
…an award of damages caused by the alleged breach of Essex. The third count asks for a declaratory judgment that ALCOA’s prior notice of termination of the Molten Metal Agreement was proper or, in the alternative, that ALCOA may terminate the Molten Metal Agreement if it be determined by this Court to be a contract for the sale of…