30 day notice : ezLandlordForms

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Sherrie L

started a topic over 14 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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William C

said over 11 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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Darwin Q

said over 5 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!

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Gabriella J

said over 5 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.

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Joe Y

said about 10 years ago

I really appreciate your assistance. Thanks for your response.

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Tim J

said over 11 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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Bob R

said about 10 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.

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Adrien L

said over 5 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.

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Matthew M

said over 3 years ago

That's what it's for. If they argue, tell them "See you in court."

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Stan M

said over 13 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 13 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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James M

said almost 11 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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Stan M

said over 13 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 13 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 13 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.