Of the changes in landlord tenant law that took effect this year, one of the biggest was a new notice requirement for evictions for unpaid rent. Before January 1 of this year there was no notice requirement imposed by state law, landlords could evict for unpaid rent without any notice at all. While most landlords gave some type of notice before filing, it was not required, and there were no rules as to the format of any notice given.

Now, notice has to be provided 14 days before filing any eviction, the notice has to state the exact amount owing and include information about resources in the community that provide help for tenants who are behind in their rent. The notice has to either be mailed to the tenant or delivered to the residence. If the notice is delivered, the law is not clear about whether it has to be handed to the tenant or can be left at the residence. I had a case recently where the notice was left at the residence without being delivered to the tenant, I was able to convince the judge that it being left at the residence was acceptable, but I do advise all landlords to either mail or personally deliver the notice. Oddly, for a law taking effect in 2024, there is no provision for electronic delivery. Emailing to the tenant is fine, but, if the landlord does not also deliver or mail the notice, email alone is not a valid notice as the statute defines it.

If you are a landlord involved in your first eviction since January 1, 2024, or a tenant dealing with a possible eviction, be careful and get good advice; it is a new ballgame out there.

Ed