If you’re currently living as a tenant under a landlord, you must be familiar with a 30-day notice to vacate. In addition, if you’re currently leasing your property on a month-to-month basis, there is a chance that you’ve made this type of notice before. Simply put, a 30-day notice to vacate is one of the best methods to end your month-to-month lease.
So, what is a 30-day notice to vacate? Essentially, a 30-day notice to vacate is a written notice given by landlords to the tenants, or vice versa. As the name suggests, the written notice is given to notify the recipient about ending a lease term. Typically, the 30-day notice is issued for several reasons, depending on who receives the letter.
This article explains everything you need to know about the function of a 30-day notice in month-to-month lease terms. This may include each state’s regulation on the notice, the proper ways to write them, and the several ways in which you can terminate a month-to-month lease. So, without further ado, here is everything you need to know about the function of a 30-day notice to vacate.
How a Month-To-Month Lease Works
As previously mentioned, a 30-day notice is mostly used in month-to-month lease termination. But, how does a month-to-month lease work exactly? Simply put, a month-to-month lease, or month-to-month tenancy, is a periodic tenancy created when the renter is granted possession of the property for an indefinite time. Typically, the renter pays the rent fee monthly.
A month-to-month lease is different from a fixed-term lease. While a fixed-term lease involves an agreed-upon lease period, the specified period is eliminated in a month-to-month lease. As a result, both the renter and landlord can have mutual benefits.
For instance, renters and landlords are not tied down to a long-term lease, allowing both parties to end the lease term at their own convenience. Typically, a 30-day notice is required to notify one party before terminating the lease terms. Furthermore, a month-to-month lease allows landlords to change the monthly rental amount as they see fit. Renters can take advantage of taking better rent elsewhere quickly.
What Is a 30-Day Notice To Tenant?
According to Cornell Law School in February 2022, a 30-day notice is mostly used by landlords to terminate or change a month-to-month lease or a periodic lease. As stated by the website, landlords can’t apply this type of notice for a fixed-term lease. This is because this type of lease requires the landlord to comply with the lease for the entirety of the previously agreed term.
It is also essential to not confuse a 30 days notice with an eviction. If you ever received a 30-day notice from your landlord, they’re not trying to evict you from the property. Instead, they may simply want to change some terms of the lease or wishes to terminate the lease. In either case, the tenants must be notified at least 30 days before the notice takes effect.
The regulation on 30-day notice to vacate letters varies between states. Some states may only require the landlords to give the notice more than 30 days, while others may adopt much lesser notice requirements. As stated by Cornell Law School, some states that require all landlords to provide a 30-day notice are Arizona, Arkansas, Illinois, and Kansas.
In addition, states that require landlords to provide the notice for more than 30 days prior include Delaware (60 days) and Hawaii (45 days). Lastly, the states that allow landlords to provide a vacant notice for less than 30 days include Florida, Louisiana, and North Carolina.
Other Methods On Month To Month Lease Termination
While most states require landlords to provide a 30-day notice to the tenant, there are other methods landlords can use to end a month-to-month lease.
1. Mutual agreement
A mutual agreement allows landlords and renters to mutually agree to terminate the lease at a specified time before the lease is over. There are different cases in which mutual agreements are used. For instance, if a landlord decides to sell the rented property and the tenants show a strong disagreement towards the idea, they may agree to end the lease terms and move out. In some cases, the landlord may also offer a cash-for-key incentive by offering to pay the tenants’ moving expenses.
2. Tenant breach
As the name suggests, a tenant breach applies on a month-to-month lease term when the tenant breaches the lease agreement by not performing. This may range from not paying the rent or conducting unlawful activities on the rented property. In this case, the landlord has the right to give the tenant a three-day notice to move out of the property. If the tenant refuses, the landlord may file a lawsuit to evict the tenant.
3. 30 Days Notice To Landlord
Despite being commonly given by landlords to tenants, a 30-day notice letter can also be given by the tenants to the landlord. As stated by Zumper on July 20, 2022, a 30-day notice to vacate letter is a formal written document that tenants submit to their landlords to end their lease terms and move out of their rented unit. In other words, this formal letter is commonly used to notify the landlords of the tenant’s plan to break or end their lease.
There are several reasons why a 30-day notice is required. First, most properties require a 30-day notice to vacate letter to notify the landlord about your plan to move out of the property. In addition, providing the landlords the notice letter allows them to have adequate time to find a new tenant, keeping their cash flow steady.
How To Write a Tenant-to-Landlord 30-Day Notice To Move
If you’re renting a property and want to move out of it, you may need to provide a 30-day notice to terminate a month to month’s lease. Below are the steps you can follow to write your own 30-day notice letter.
1. Identifying the move-out date
The first step you need to take before writing the 30-day notice to move is to determine your move-out date. You must submit your notice within the required timeline as stated in the lease agreement. Once you find a fixed date to move out, you can start drafting the letter.
2. Drafting the letter
Prepare your laptop and start typing up your 30-day notice to vacate letter. As stated by Zumper, most 30-day notice letters include the following information:
- Your name
- Your contact information
- The address of the unit you’re currently renting
- The fixed move-out date
- The address of your new rental units for the return of your security deposit
- Your signature
- The date of your request submission
- Sending the letter and doing a follow-up
Once you complete the letter, make sure that you keep a copy of it for your records. Send the other copy to the landlord while making sure that the letter is postmarked. That way you can verify that you’ve given a full 30 days’ notice. In some cases, landlords and property managers also accept letter delivery via email.
Once you send the letter, make sure that the landlord has received it. So, it is suggested that you call or email them to confirm the receipt. This follow-up step is essential to keep your tenant-landlord relationship as good as possible, which will become important when getting your security deposit back.
How To Write a Landlord-to-Tenant 30-Day Notice To Move
If you’re a landlord and wish to ask a tenant to move out from your property, you can use a 30-day notice to terminate the lease. However, unlike a 30-day notice addressed to the landlord, a 30-day notice to the tenant contains different details. For instance, you should write your landlord-to-tenant notice to vacate letter on the official company letterhead. As stated by Ronna L. DeLoe, Esq via LegalZoom on May 02, 2022, it should also contain slightly different details, including:
- The date of the notice to vacate the letter.
- Tenant’s general information, including their name and rental address.
- A request asking the tenant to vacate the rented unit by a specific date, usually 30 days after the letter has been delivered.
- The reasons for lease termination.
- Reference to a section of the lease that shows how you can terminate the agreement.
- Move-out instructions may include specific ways the tenant should return the key or that the tenant must leave the rented unit in good condition.
- The time and date of your final inspection of the property.
- A request for the tenant’s new address for returning the security deposit.
To avoid any mishaps or arguments about the 30-day notice to vacate letter, it is best to deliver the letter via mail. By doing that, you can make sure that the tenant has received the letter and understands the lease termination. Also, it is best to keep your landlord-tenant relationship as healthy as possible.
Consequences Of Not Honoring a 30-Day Notice Letter
In most cases, the tenant’s failure to provide a 30 days notice to the landlord will result in huge disadvantages for the two parties involved. The same thing can also be said when a landlord fails to provide a 30-day notice to the tenant. Below are some consequences if one party does not honor the provided 30-day notice letter.
1. Additional cost
If you move out of the rented units without providing the notification letter, your landlord can demand another month’s rent and enforce it with your security deposit. Even worse, your landlord may ask for an additional fee for damage repair. So, you must read through your lease agreement carefully and move out immediately once a 30-day notice to vacate letter has been issued.
2. Subject to eviction
If your landlord already provides a 30-day notice to vacate letter and you decide to not honor the decision by staying in the rented property, you can be classified as a squatter. As a tenant, it is your responsibility to provide early notice about moving out of the property.
It is also your responsibility to act responsibly according to written lease agreements. If you decide to stay in the rented property after an early notice has been provided, the landlord may need to take legal action to evict you.
FAQs On 30-Day Notice To Vacate
Ending a rent lease term can be difficult, but it is not impossible. So, below are some questions you may ask about the 30-day notice to terminate a month-to-month lease.
How do you calculate a 30-day notice?
You should calculate the 30-day notice to vacate after it is served, which is typically not on the same day as the letter is received. For example, if you receive a 30-day notice, the countdown will typically start a day after you received the letter. Depending on the local law, the notice can take effect after either exactly 30 days or the number of days in the specified month.
How much notice do I give to my landlord?
If you wish to terminate your lease term with the landlord, you should give them a 30-day notice before your move-out date. However, the required number differs between states. So, be sure to learn about your state’s landlord-tenant law.
How do you end the tenancy agreement?
As a landlord, you can end a tenancy agreement using different methods, which may include using a tenant breach, having a mutual agreement, or providing a 30-day notice to vacate.
What makes a notice to vacate invalid?
As stated by Justice Connect, a notice to vacate will most likely be invalid if it doesn’t contain sufficiently detailed reasons for the notice. In addition, a notice to vacate will be invalid if it doesn’t provide the specific date on which the tenant should vacate the property, as stated by LA Times on March 13, 2016.
30-Day Notice To Vacate is a method that tenants and landlords can use to terminate a lease agreement. This legal document is mostly required by state law to end a lease agreement on rental property. Failure to provide or honor the notice will cause some unfavorable outcomes for both parties involved in the lease terms. So, be sure to provide a 30-day notice to end a lease agreement in a good term.