What is a 30-Day Notice?
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The term “30-day notice” usually comes up in the context of real estate. In this context, it serves as a formal written notice, indicating that a tenant intends to vacate a property, or that a landlord wishes a tenant to leave. It is also sometimes used in the workplace, where employees put in a 30-day notice to indicate that they are departing, so that the company can hire and train a replacement. In both instances, a 30-day notice can reflect major life changes.
When a tenant rents a home on a month to month basis, he or she must generally put in a 30-day notice when a decision is made to relocate. If the home is rented on a weekly basis, a seven day notice is required. In bi-monthly, a two month notice, and so forth. For tenants, it is wise to put a 30-day notice in print with a clear date, and make a copy. The notice should also be delivered directly to the landlord or leasing office, and a receipt should be signed.
When a landlord uses a 30-day notice, or “notice to quit,” it indicates that the tenant has one month to leave. There are a number of reasons for a landlord to issue such a notice, ranging from the need to remodel a structure to violations of the lease agreement on the part of the tenant. In rare instances, a landlord may serve a three day notice to quit, or an eviction notice, if gross violations of the lease agreement are documented. With a 30-day notice, most landlords are not obligated to give cause.
In addition to being the law, giving a 30-day notice is also the courteous standard. It gives a landlord ample warning time to find new tenants, and also permits tenants who are asked to leave an opportunity to find a new home. In the case of a month to month agreement, neither side needs to give cause for issuing a thirty day notice, although if tenants intend to break a lease, the terms of a 30-day notice may get more complex.
As a general rule, the tenant is responsible for the rent in the 30 days following the notice. For example, if rent is normally paid on the first and a tenant submits a 30-day notice on the 15th, he or she must pay the rent through the 15th of the next month. If the tenant leaves on the first and a landlord finds a tenant before the 15th, he or she must refund the previous tenant any funds paid for days prior to the 15th. In other words, a landlord cannot collect rent twice.
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19
I live in NJ. I rent on a month to month basis. I just gave my landlord only 15 days notice of my intent to move. Can they hold my security? - anon61901
18
I lived in a house with two other roommates, and I decided to move out. I told my roommates on the 10th and asked them if they wanted me to find them another roommate. They said no. On the 27th they told me that they had found a roommate. Now, on the 4th they are asking me for half a month's rent because I did not tell them I was leaving until the 10th and the new roommate is not moving in until the 17th. I was under the impression that when a new roommate agreed to move in, he took over my part of the rent, for even though he will not be moving in until the 17th, he agreed to move in before the 1st. Do I pay half the rent, or is the new roommate responsible? - anon59295
17
i gave my 30 day notice on the fourth. On the 12th, there was posted on my door a notice of trustee sale on the 11th of the following month. On the back side of the notice it says if i am the tenant i can re-sign a new lease with the new owner or he or the bank would give me 60 days to move after being served. My current landlord says i signed the notice to vacate on the fourth and to get out because they are turning in keys in which the bank will pay them. Do i legally have to leave on the fourth? - anon58679
16
To those of you with verbal agreements -- you are entitled to a 5 to 15 day notice (sorry no lease is no legal document to back it up) by law. You do not have to give more then a five day notice to leave but if they try and boot you, they *must* provide you with up to a 15-day notice for you to move. - anon46054
15
To most of your questions -- no contact by law, a 15 day notice is applicable in more then 30 states.
If there is a contract and they violated it, you can sue them for the security deposit plus psychological damages.
To the people who lost their place on the 6th when the notice was till the 18th, you can press charges against them for unlawful and unscrupulous activity concerning your apartment and show the judge and jury a copy of your 30 day notice letter. - anon46051
14
My landlord and I had a verbal agreement and I am getting ready to lease a new building. do I have to give a 30 day notice or can I just bounce? - anon43224
13
my inquiry is the same as # 10, no lease, just a room mate, who I now want him to leave. he's lived there for three years (michigan), will a 30 day notice force him to leave? - anon42273
12
My lease expires on the 31st of this month. i tried to give a notice that i would be leaving on the 30th when my contract is over, but my landlord said that i had to move out until the 15 of september because i had to give a 30-day notice but my lease is going to be over by then and i don't want to renew my contract. do i still have to give the 30-day notice or can i just tell them or write to them that i am going to be leaving on the last day of the month? Please help! - anon41538
11
Do you need to give a thirty day notice if you were served with a 60 day notice to quit? - liliana2004g
10
Here is my situation: I have a friend who rents a room out from my father. Well some certain things happened and my father decided to kick him out. There was never a written agreement by either party. My father wants him to leave immediately, but my friend is contending he must provide 30 days. I just want to know who is right. - anon38328
9
I have a similar question to number 6 by jpurcell76. it is July 20, my lease ends July 31. if I put in my 30 day notice today am I responsible for all of August rent or just until the 19th? - anon37569
8
My father who has dementia was told Sunday night after returning from spending the weekend with family he can no longer live at his Personal Care Home. The facility owner indicated that she sent me a certified letter telling me that Sunday was his last day. I never received the letter. Please note several times through out the month I saw her at her place of business. Not once did she ever mention any of this to me. When I told her I did not receive it she said she sent it and thats my problem. Please tell me there is some kind of legal action I can take against her. The contract indicates that she has to give me 30 day notice before releasing my father. The first time I heard about it was approximately 7pm Sunday evening. I was told his things are packed and waiting to be picked up. She says she has already rented his space. She have been a problem for awhile now she is just wrong. I am feed up. - feedup
7
I am a Landlord in Kansas and want to give a Tenant a 30 days notice to vacate letter. We are on a month to month lease. Do I need to send him the letter by mail? Do I need to verify that he received it? Thanks, Tom - ttthaemes
6
I have the same question about 30-day notice having to go from the 1st to the 30th or can I give 30 day notice any time I want. What if an addendum to the lease says it must go from the 1st to the 30th? - jpurcell76
5
my situation is i submitted my 30 day notice april 18th until may 18th we moved out of the apartment april 25th we cleaned the apartment did the carpet but left some of our things behind considering we had until the 18th of may to get them. we hadn't paid our rent that was due on May 1st (the amount from the 1st of may until the 18th of may) well on the 6th of may they went into the apartment moved our things and began to repaint clean etc the apartment because they had an open house they wanted to use our apartment for and sent us the bill with everything they had to do to get the apartment ready for open house. They stated they entered the apartment on the 6th because i hadn't paid rent ..Can they do that? - anon14668
4
My lease recently ended at my last apartment on April 1st and I moved out before then. today I received notice from the landlord that he is charging me for April's rent for failing to provide a 30-day notice. When reviewing the lease, it does not mention any penalty for not giving 30 day notice. Can he charge me anything? According to the law, a security deposit can only be used for rent left owing on the unit and damages. I have/had neither. Am I entitled to my entire security deposit per the law? - General383
3
we would like to know the same thing. - dlcalabrese
2
is a 30 day notice required on a month-to-month agreement but deposit nor lease was ever put into place? - anon9808
1
if you're a landlord (or tenant), do you have to give the thirty day notice on a particular date? can you give it any time during the month, such as the 10th, 15th, etc, even if the lease goes from the 1st to the 30th? - olittlewood
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Written by
S.E. Smith
Last Modified: 23 January 2010
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