Month to month lease move out notice

The 30-day notice is most commonly used to terminate a month-to-month lease, but it can also be used to change the lease. For example, if a landlord is renting month-to-month and wants to raise the rent, make the property no-smoking, no longer allow pets, or make any other change to the lease, the landlord must give a 30-day notice to the tenant before those changes take effect. If the tenant does not want to rent under those terms, the tenant can give the landlord a 30-day notice to move out and vacate the property.

A landlord CANNOT use a 30-day notice to change a term lease. If the landlord and tenant sign a lease for a period of time, that lease can only be changed by agreement of both the landlord and tenant. If the landlord wants to change the lease at the end of the term (see Term of Lease), the landlord may give a 30-day notice before the end of the lease to have those changes take effect immediately after the lease term ends. Click here for a sample 30-day notice.

When a landlord or tenant wants to end a periodic lease, or when a landlord wants to change the terms of a periodic lease, a 30-day notice is required. The timing of a 30-day notice is often confusing for both landlords and tenants, because the 30-day notice always takes effect on a rental due date rather than the 30th day after the notice is given. With all the other notices, the effective date is a certain number of days after the notice is given. The 30-day notice is unique in that it can only take effect on certain days: the rental due date during a periodic lease, or the end date of a term lease.

For example, if a landlord wants the tenant to vacate on February 1st, they would need to give a 30-day notice at least 30 days before February 1st. This means that the landlord would have to give the notice on December 31st or earlier. If the landlord did not give the 30-day notice until January 3rd, then the notice would not take effect and the tenant would not have to vacate until March 1st. As this example shows, delivering the 30-day notice just a couple of days late can mean that the move-out date is delayed a full month and the tenant has to pay a full extra month’s rent.

The easiest way to think about it is to take the day the notice was given and count forward 30 days, then the next rental due date that is either on or after that date is the day the notice effect. When giving a 30-day notice of any kind, it is always a good idea to play it safe and give the notice more than 30-days before the next rental due date.

If a tenant receives a 30-day notice, it is NOT AN EVICTION. It means that the landlord no longer wishes to continue the tenancy, but it does not mean that the tenant has violated the lease and it will not come up as an eviction on the tenant’s rental history. Landlords end tenancies for several reasons, such as to do renovation on the property or because they are selling the property. 

Nebraska Statute 76-1437(2)

Notice to Terminate a Month to Month Lease in Florida

admin2021-01-07T09:18:42+00:00

Table of Conten

  1. What Legal Services  are Available for Landlords and Tenants When Terminating a Month to Month Lease in Florida?
  2. As a Tenant How Do I Go About Changing Rent or Other Terms In The Month To Month Lease In Florida?
  3. Where Can I Get the Best Advice and Representation for Florida Landlord-Tenant Cases Of Month To Month Lease Termination?
  4. Resources and References:

Navigating Lease Laws can be complicated. Whether you are a Landlord or a Tenant, it’s important that you have accurate advice. In addition, you need representation if you exercise your rights in relation to a month to month lease.  A Notice to Terminate a Month to Month Lease in Florida may seem simple, but use caution.

Florida sets laws surrounding leases.   They must be adhered to if you want to protect your interests. With experience in Real estate, we know how to get results. Our services are offered with a flat-fee structure, so you can get representation that you deserve.

Month to month lease move out notice

If you need to terminate your month to month lease, you must give 15 days notice prior to the end of any month. If you give less than 15 days, the notice will not be valid.  As a result, the lease will not be terminated.

If you are a Landlord and give 15 days or more notice and they refuse to leave, you can evict them. The Process can be frustrating as many fail to comply. The benefit is that Landlords and Tenants will have a difficult time fighting the Eviction.  In other words, they have authority to terminate the lease.

If you are a Landlord or Tenant, contact the Law Offices of Brian P. Kowal, PA at (954) 990-7552.  Allow our office to guide you.

As a Tenant, How Do I Go About Changing Rent or Other Terms In The Month to Month Lease  In Florida?

Month to month lease move out notice
As a Landlord, you may wish to terminate a Lease and bring in a Tenant with new terms and prices. This is not always necessary, as there is no statute concerning a notice period. In other words, you could change the terms for the next month.

On the other hand, the Tenant has no obligation to accept the terms and may choose to vacate. However, they cannot dispute the terms, as it is within a Landlord’s right to make these changes. If they refuse and do not vacate, you may begin Proceedings. Accordingly, if you need representation, the team at the Law Office of Brian Kowal, P.A. can help.

Where Can I Get The Best Advice and Representation for Landlord-Tenant Cases Of Month To Month Lease Termination?

Brian and his team will give you the best advice and represent you during a month to month dispute. With experience in Real Estate Law, we know how to get results. Our aim is to give you the best possible representation in your landlord tenant dispute cases.If you need to give Notice to Terminate a Month to Month Lease in Florida, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.

Month to month lease move out notice

14 Comments

  1. […] 3. Right to Notice Regarding Termination of Lease. The Tenant must be given 15 days notice to terminate by their Landlord if their lease is month-to-month. For Example, if the Landlord wants to terminate the lease in June, the Tenant must be given 15 days notice prior to June 30. Therefore, notice must be given on June 15 or any day prior. […]

  2. […] own a property and offer it for rent, a lawyer will be essential when dealing with evictions, termination of leases, or even squatter […]

  3. […] The tenant has pets on the property, breaking the terms of the lease agreement. […]

  4. […] 1, 2020.  However, they can Evict for Non-Monetary Violations, Commercial Evictions and, Termination of Month-to-Month Tenancies.  Accordingly, a Landlord’s Ability to Evict during the Coronavirus has been effected but it […]

  5. Erika August 19, 2020 at 7:47 pm - Reply

    I am renting a house and the owner sold the property but I have a lease do I have to move out right awo

    • Mary February 15, 2021 at 8:01 pm - Reply

      I’m in same boat as you.

  6. Enid Paredes November 18, 2020 at 12:13 am - Reply

    Good Evening,
    I am the individual that called you while you were having dinner with your family, my apologies.
    I had mentioned the BBB, and that was an error the issue I was calling you for is in regards to a Termination of Tenancy, but it is not due non payment of rent, as my rent has been paid and is currently up to date. The landlord just wants to end the tenancy, I believe because the property I reside in is in bad condition and has needed a lot of maintenance needed during the year I lived here. He always reluctant to rectify the problems with the property.
    I moved in Oct 2019, and straight away there was major plumbing issues and it took a while to finally get it fixed. There is also an issue with infestations of multiple types, roaches, rats, and termites. The roaches I had to request an exterminator to come, and the infestation was so bad I had to request another visit from exterminator, that put the problem some what at bay, after some time, the roaches came back. Once again I requested an exterminator and the landlord was very rude and upset that I kept calling for these exterminations. Right now I have a gaping hole in my living room due condensation for the air conditioning, the insulation of the air ducks were saturated with water, and attracted rats to the attic area, and ultimately the ceiling collapsed. This is still not fuller repaired.
    On Saturday I received a “Notice of Termination of Tenancy, due he called me a constant complainer, and person with bad luck.
    I read that if I have a legitimate reason that Covid19 has impacted me, which it has I was furloughed from my airline job in March 2020, and have been unemployed since then, but he was still paid his rent every month during the height of the the pandemic up to now.
    Please I need help and direction and advice on what to do.
    Thank you for attention to matter.

    Enid Paredes

  7. Cathy November 27, 2020 at 8:17 pm - Reply

    I have a month to month lease. My landlord wants me to vacate on Nov 30.She emailed me on the 20th.Doesnt she have to put it in writing and deliver it to me. I hardly read my email.

  8. Cathy November 27, 2020 at 8:42 pm - Reply

    My landlord emailed me to move out by the 30th.This was emailed on Nov 20th.I rarely even check my email. Doesn’t she have to put it in writing and deliver it to me. She than wrote a second notice to evict on the 24th and wants me to pay $1500 to stay until the 10th, that is when my condo sale hopefully closes. .My monthly rent is paid.I have a month to month lease.

  9. Lindsey December 29, 2020 at 2:08 am - Reply

    On month to month leases, can a landlord begg you to pay month in advance? It was paid, but followed by mentioning over phone the massive outstanding maintenance issues, and simply just asked for update if possible. Two nights later after giving landlord month advance rent, landlord shows up and says month to month will terminate after the advance money he begged us for to help pay his workers covers. Please advise, with COVID, kids school zone and not realizing I was on month to month until receiving the letter, we are not sure what to do.
    Any help or suggestions would be greatly appreciated.

  10. Lisa patton January 23, 2021 at 3:37 am - Reply

    My landlord was not making his mortgage payment nor fixing broken septic that leaks under my trailer since day I move in and back up in shower. Plus electoral problems and out light glowing. To where I have no lights in my room for 2 month. Last tenant had fire Department here twice due to electrical problem. He’s lied to his wife and mother saying I never paid no rent…. I showed them text messages , once recite and told them about owner at gas station and employee that watch me pay . then wife I never dealt with post notice saying I’m bad 30 days to pay or move. Then was told his mother was buying home. Then she posted a 3 day to pay or deliver passion. Says now I owe nothing and possission is circled. Wrote in corners proprety being sold . then she the week later has paper she sit on chair outside my home… Not posted office of Michael slick that my month to month is over and be out by Feb 3rd. I and my family before we moved in 4 month ago reached home out , detailed cleaned it. Painted, fixed roof leak , plumbing , and my lord agreed that was deposit and when he got back to work I would not pay rent for few month. Now I’m being evicted cause my landlords mom is buying his contract out on this home and he owes me and my son money and work all work we done. I do have before and after pic. Plus my granddaughter fell in big hole in backyard from where before we moved in he had septic dug up and never fixed. I do have all text messages, on 3 different phones …. Please help I have disabled son and grand baby. I’m disabled too….hes taken a lot from us and never fixed anything . I can’t find another place yet I can afford to move into and him and his wife posting 2 notes and leaving last one on chair is not right all with in this month and he owes us

  11. Lisa January 23, 2021 at 3:39 am - Reply

    Will take any help

  12. Louise Rotondo March 26, 2021 at 3:01 pm - Reply

    I have a month to month tenant I gave him the 15 day notice on February 28th, but he has not moved out and it is now March 26. Iposted the notice on his door and three other doors in the house.. Now I was told I have to go to the clerk of the court to have him evicted.I am in Florida

  13. Louise Rotondo March 26, 2021 at 3:02 pm - Reply

    I have a month to month tenant I gave him the 15 day notice on February 28th, but he has not moved out and it is now March 26. Iposted the notice on his door and three other doors in the house.. Now I was told I have to go to the clerk of the court to have him evicted.I am in Florida dont remember leaving a comment on your website

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How do I terminate a month to month lease in Texas?

Be aware that if you are in a month-to-month tenancy, the landlord or the tenant only must give 30-days' notice before ending the lease. If the term of the lease is more than 1 year it must be in writing or it is unenforceable.

How do I terminate a month to month lease in Wisconsin?

If you have a month to month tenancy (a lease that has terms but no end date, where you pay on a monthly basis), then written notice IS required, from both the landlord and the tenant. Wis. Stat. 704.19 explains that month-to-month tenancies can be ended by giving at least 28* days written notice to the other party.

How much notice does a landlord have to give to move out in Washington State?

Notice Requirements for Washington Landlords A landlord can simply give you a written notice to move, allowing you 20 days as required by Washington law and specifying the date on which your tenancy will end.

What is a 30

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.