Do i have to give 30 days notice

A 30-Day notice is usually used by a landlord to terminate or change a month-to-month lease or a periodic lease. A 30-day notice does not apply to fixed-term leases, as these types of leases impose an obligation upon landlords to comply with the lease for the entirety of the agreed term. However, this is subject to a few exceptions such as in cases where tenants have not paid rent or have consistently breached the terms of the agreement. 

It is important to distinguish a 30-day notice with an eviction. The landlord who provides for a 30 day notice is not evicting his tenant. Instead, the landlord may simply want to amend some terms of the lease, or wishes to terminate the lease- in which case this must be made known to the tenant at least 30 days before the notice takes effect. 

The rules on 30-day notices vary from state to state, with some states having adopted a much lesser notice requirement.

For Month-to-Month leases:

Some States that require Landlords to provide for a 30-Day notice include: 

  • Arizona (Ariz. Rev. Stat. Ann. §§ 33-1342, 33-1375)
  • Arkansas (Ark. Code Ann. § 18-17-704)
  • Illinois (735 Ill. Comp. Stat. § 5/9-207)
  • Kansas (Kan. Stat. Ann. §§ 58-2556, 58-2570)

Other States, that require Landlords to provide more than a 30-day notice include: 

  • Delaware ( Del.Code Ann. tit. 25, §§ 5106, 5107): 60 days
  • Hawaii (Haw. Rev. Stat. §§ 521-71, 521-21(d)): 45 days

Other States that permit Landlords to provide less than a 30-day notice - depending on the length of tenancy: 

  • Florida (Fla. Stat. § 83.57)
  • Louisiana (La. Civ. Code art. 2728) 
  • North Carolina (N.C. Gen. Stat. § 42-14)

[Last updated in February of 2022 by the Wex Definitions Team]

Business

Do i have to give 30 days notice

Mary McMahon

Last Modified Date: November 07, 2022

Do i have to give 30 days notice
Mary McMahon Last Modified Date: November 07, 2022

The term "30-day notice" is typically used in the context of real estate. It serves as a formal written notification to indicate that a tenant intends to vacate a property, or that a landlord wishes a tenant to leave. This term is also often used in the workplace, when an employee notifies the company that he or she intends to leave, so that the company can hire and train a replacement.

When a Tenant Should Notify the Landlord

Do i have to give 30 days notice
How much notice a tenant must give when moving out is usually indicated in the rental agreement.

When a tenant plans to move out of a rental house or apartment, at least a 30-day notice is usually required for a year-long lease; this can vary, however, and in some places, a 60-day notice before the lease ends is required. In addition to being the law in most regions, giving notice is also done as a courtesy. It gives a landlord time to find new renters, and also permits tenants who are asked to leave an opportunity to find a new home. If the notice is being given a month before the lease is due to end, neither side needs to give a reason. If tenants intend to break a lease, however, then the terms of a notice can become more complicated and penalty fees or other payments may be required.

Do i have to give 30 days notice
A 30-day notice gives landlords time to find new tenants.

Tenants should give notice 30 days before the next rent payment is due, so that extra or partial payments are avoided. As a general rule, the tenant is responsible for any rent in the 30 days after telling the landlord that he or she is moving out. For example, if rent is normally paid on the 1st of the month and a tenant submits notice on the 15th, he or she must pay the rent through the 15th of the next month. If the tenant leaves on the 1st and a new tenant moves in before the 30 days is up, the landlord must refund to the previous occupant any money paid for days when the other tenant lived in the home; a landlord cannot collect rent twice.

Notice by Rental Term

Do i have to give 30 days notice
A 30-day notice might be given to a tenant who refuses to properly dispose of garbage.

How much notice the tenant must give is usually at least equal to how often the rent is due. In other words, 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 7-day notice is typically required. How much time is necessary is usually indicated in the rental agreement between an occupant and landlord. Tenants should notify the landlord in print with a clear date, make a copy, and deliver it directly to the landlord or leasing office to receive a signed receipt.

Landlords Giving Notice

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 document, 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 3-day notice to quit, or an eviction notice, if gross violations of the lease agreement are documented. With a 30-day notice, most landlords do not have to give a reason, and legally there is usually nothing the renter can do to stay longer.

Situations in which there is not a rental agreement between a landlord and tenant can be more complex. Regional laws may indicate that a certain type of notification is necessary, but this is not the case in every jurisdiction. Without an agreement, a 30-day notice may not be required, but should still be issued as a form of courtesy between the renter and the landlord.

Layout and Format

This type of document has a fairly simple format and is often prepared in plain language. Blank templates are available online and from some legal professionals, and usually include the names of both the tenant and the landlord, as well as its terms. Anyone using a template should look for one specifically prepared for the jurisdiction in which he or she lives. If excess rent must be paid or certain actions are expected of either party, then the document should indicate this information in specific detail.

Giving Notice to Leave a Job

Unlike a rental termination, a notice to end employment is usually much more informal. It is often a simple letter written by an employee to the company or manager for which he or she works, stating the termination of employment. Reasons may be given, but this is not a necessity, though it should indicate dates for both the letter and the conclusion of employment. This is not usually a legal document or required by law, but it is considered a professional courtesy and can help maintain a positive relationship between an individual and a former employer.

Do i have to give 30 days notice
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a SmartCapitalMind researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Do i have to give 30 days notice
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a SmartCapitalMind researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

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