30 day notice : ezLandlordForms

S

Sherrie L

started a topic almost 16 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.

B

Bob R

said over 11 years ago

The tenant would be responsible for rent until the last day of your Notice. However, if you rent the property before the last date of the Notice, you will have to give tenant a rent refund-----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! Check it out.

J

Joe Y

said over 11 years ago

I really appreciate your assistance. Thanks for your response.

k

Karen S

said over 11 years ago

If all is well, why are you taking them to court?

D

Dale M

said over 11 years ago

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.

R

Richard W

said almost 11 years ago

From my understanding it is 30 days from when the tenant receives the notice.

a

Avi R

said over 10 years ago

Quick question, is the 30 day notice to quit the same as the 30 day notice to vacate?

D

Daryl J

said over 10 years ago

Do you have a written agreement?

D

Daryl J

said over 10 years ago

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.

I

I V

said over 10 years ago

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.

D

Daryl J

said over 10 years ago

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.

D

Derrick D

said over 10 years ago

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.

A

Adrien L

said about 7 years ago

Remove the one tenant, then create a new agreement with the other three.

A

Adrien L

said about 7 years ago

Let her know she never received it which means it is not valid. The tracking number is not valid! Keep her informed and let her know that new notice will need to be sent.

D

Darwin Q

said about 7 years ago

A text is actually a form of written notification. I don't agree with Adrien's note; if she already text you informing you of the intent to vacate, why would you want her to re-mail a written note when she has texted you this information on 11/27? This will simply create a problem. As a Landlord, I personally prefer electronic notifications (e.g., email and text) over mailing notifications for that specific reason- things can get lost in the mail and you also avoid the argument as to whether the note was actually mailed or not. Email and text works great; if the tenant does not hear back from the Landlord within 24 hours, she will reach out again to ensure you received her note as opposed to a week later since mailing something takes days. Since she didn't notify you of this until 11/27, I think you should inform her that the 30 day notice clock started ticking on 11/27, but I wouldn't ask her to re-mail a note since that is simply not practical (as she is informing you via text of her intent to vacate the property). I hope you find this helpful!

G

Gabriella J

said about 7 years ago

yes, I took her text as her notice from Nov 27th, however she is claiming that her noticed was from November 20th when she wrote the letter which I still have not received. basically its a 7 day difference.