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30 day notice

My tenant gave a 30 day notice Jan. 5 and the rent is paid through Jan. 31. Does his tenancy end Jan 31 or Feb. 4? He's not paid any rent for Feb.

30 day notice only applies to vacating a unit, not to unpaid rent issues. Issue a five day notice to "Remit or Vacate". The forms are on this site.
I would first call them up and inform them that they're obligated on the lease until July. Maybe tell them you'll allow a sub-letter to move in in their stead, but they're responsible for making sure that you receive payments on that lease until it terminates. If they leave anyway, you can take them to court for breaching the lease; at that point you would need a local real estate attorney however. There's a directory of them under the resources menu if you need one. Good luck!
From my understanding it is 30 days from when the tenant receives the notice.
The answer to your question is Yes. Read on. A tenant w/o a contract is usually considered month-to-month. If they have been there for at least 12 months, you will need to give them a 60 Days Notice. I would serve them 2 Notices at the same time. A 3-Day Notice to cure the infraction and the other to terminate their tenancy. If they don’t cure the infraction, you can start an eviction. If they do, they will have to move in 30/60 days depending how long they were tenants. I suggest you contact an attorney to have them served. One mistake in the Notice and you will have to start over. The cost is tax deductable. It will cost approx. $100. If you have to go to court, it will cost at least $1000. Receiving a Notice via an attorney shows (in my humble opinion) that you mean business. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local and Tax Laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Free Trial Download. A great program at a great price!
Their lease is over you should return the security deposit and taking them to court will prove that they did nothing wrong so move on as they did.
Yes if they are on a month to month you can give a 30 day notice. If they are one a year lease you cannot break the lease unless it is a mutual termination of tenancy.
Do you have a written agreement?
If all is well, why are you taking them to court?
Quick question, is the 30 day notice to quit the same as the 30 day notice to vacate?
Thanks Bob.  They've only been here since Sept & Oct respectively, so sounds like I'm good.  It does sound like it would be a good idea for me to find an attorney anyway, just in case.  Thank you!
We have actually been able to do this as tenants. We are a military family so we can't always decide to move on the 1st. We have never had issues paying prorated on the day the days we live there. If proper notice is given, it shouldn't be an issue. 30 day notice is a 30 day notice, not a month notice. We are landlords as well & this is how we do it. It only fair to charge the amount of days they are actually on the property.
Check the lease.  The tenant should not be able to dictate a prorated departure rent.  The rent should be for a month whether they are there or not after the lease begins.  The landlord can and usually prorates the initial month if the tenant moves in after the 1st of the month.  But I have never heard of a tenant moving out in the middle of the month and being allowed to pay only half of the rent.    Now it may be to your advantage if you can get the property ready for move in prior to the beginning of the next month, but only if you start advertising and showing it now.
The lease has a specified term that ends at the end of a month. Failure to pay the amount specified in the lease, without agreement from the landlord, is a violation of the lease.  Active military is the exception is probably every State.  If they are not active military they are responsible for the full amount of the lease as written unless granted a release by the landlord.
Remove the one tenant, then create a new agreement with the other three.
Don't know about GA but in VA the lease is a contract and the tenant is still liable for the rent until the end of the term. If they leave early you can still hold them liable for the remainder of their term EXCEPT that you must make a legitimate attempt to re-rent the dwelling but the tenant can be charged for cleaning, advertising/listing fees, and any extra costs accrued to re-rent the property. An alternative is to work with the tenants to get them out as cleanly as possible so you have less problems readying the property for renting. Assuming the husband is also on the lease then both of them are liable for monies due together and also separately even if the divorce. Here's what I would do if you think they don't have any funds to spare. Explain their legal obligation to finish their lease term and the costs involved if they break the lease, possible judgements, ruining of their credit, extra charges for re-renting, Then offer to let them out of their lease if they will move out by an agreed upon date with the premises thoroughly cleaned [and signed off by you, inspect early and often b4 the move out date] and they forfeit the deposit and be paid up in full up to the move out date. you can use the deposit to pay expenses to re-rent the property. Explain how she will save 4 months rent she would have to pay otherwise. Or any other way that is agreeable to you. fact is if she has no money they will move out anyway and not pay you anything and cause you more trouble with court actions etc...
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