30 day notice : ezLandlordForms

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Sherrie L

started a topic about 15 years ago

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.

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Donna

said about 15 years ago

Notice is usually as long as the rental periods (for ex: monthly, weekly and so on). but if the tenant has been there over one year, they get a 60 day notice. This is unless there is something otherwise specified in your lease agreement.

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Ralph F

said about 15 years ago

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!

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Donna

said about 15 years ago

If you are using a fixed term lease, then your tenants are obligated through the end of the lease. I would give them written notice that by leaving before the end of the lease term; they are in violation.

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Stan M

said over 14 years ago

Susan, don't waste your time with a 30 day. Do a 3 day notice. This process could take 1-2 months to complete. I don't want to scare you, but be prepared to fine damages they may do before leaving. Also, they may use stall tactics about moving. Follow the eviction time-line. Every day they remain on the property is a $$$ loss to you. There are companies in CA that will fill out and do the serving of papers for about $30-$40. Paperwork MUST be completed properly or the clock gets reset AT court time should they find an error in the Notice and take you to court.

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Donald G

said over 14 years ago

The reason why they have companies serv them is proof , you could give them papers and they can say they never were served , you get a receipt with there signature. when served

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Stan M

said over 14 years ago

Susan, the reason I use a company to do the prep and service is because the laws change all the time and I don't want to waste my time trying to serve them in person. If the paperwork is not prepared properly, you will loose in court should tenant decide to challenge you. This could delay your eviction another 30-60 days.

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Susan Q

said over 14 years ago

Thanks, I retained a lawyer and she is being served a 30 day notice to quit. Today! Only $40. If she decides not to move then we will start eviction proceedings.

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Stan M

said over 14 years ago

Susan, why a 30-day notice vs a 3-day notice if tenant is in lease violation? You may want to call her and ask.

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Tim J

said over 12 years ago

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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Tim J

said over 12 years ago

also for my above comment: If you do re-rent the dwelling before their original lease term ends you cannot collect their rent and the new tenants rent together. Once you re-rent the property then their payments are finished as you have corrected their legal liability and you only can collect from the new tenants.

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William C

said over 12 years ago

Thanks for your advice. That's exactly what I told her yesterday so it's refreshing to know it's the right thing. She's been a good tenant and I'm working with her as long as she works with me. Of course, it will all be in writing. Thanks again.

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James M

said almost 12 years ago

So I guess what I need to know is if I've already accepted their partial month rent, I probably can't deduct the balance of their month from their security, right?

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Bob R

said almost 11 years ago

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 Simp-List.com. Free Trial Download. A great program at a great price!

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Donna R

said almost 11 years ago

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!