A 30 day notice to vacate is a formal announcement of plans to end or change the lease. It may be sent by either the landlord or the tenant.
All tenancies will eventually come to an end. You may want to sell your property or heavily renovate it (requiring it to be vacant) or your tenant may choose to move on of their own accord.
As a landlord, you may also wish to modify the lease by allowing pets or increasing the rent for example.
This is where the 30-day notice to vacate comes in. In most states, 30 days is the minimum time required for a landlord to end or modify a month-to-month lease. It is not required for fixed-term leases, as the end date has already been previously established.
An important distinction to be aware of is that there is a difference between the notice to vacate and an eviction notice. A 30-day notice to vacate does not mean that the tenant has violated the lease, and as such, will not appear as an eviction on their rental history. It will not be a red flag on future background checks. Instead, the notice to vacate is simply a formal announcement of plans to end or change the lease. It may be sent by either the landlord or the tenant.
If a landlord wishes to evict a tenant, they must first end the lease. The timeframe required to legally terminate a tenancy can differ depending on your jurisdiction. This is sometimes as little as 1 day or 3 weeks. It is not always 30 days, as is the case for the notice to vacate.
As a landlord, your 30-day notice to vacate will need to include information on when and why the lease will be terminated or updated and whether or not there is anything the tenant can do to prevent this (for example, if they need to remove pets or pay outstanding rent). If the termination is occurring due to no fault of the tenant, it will not be necessary to request that they change anything.
Your 30-day notice to vacate should also include the following information:
Given that this information needs to be clearly stated, casual conversation with your tenants is not sufficient and could lead to complications. To keep communication clear and remove room for interpretation, the notice should be written and sent by certified mail.
In order to avoid missing any important information, you may wish to use a template to help you draft your letter.
You are able to give the 30-day notice at any point during the year; it does not have to be at the beginning or end of the month. Nonetheless, keep in mind that some states require the 30 days to include a full calendar month. This means that if you give a tenant a notice in mid-June for example, they would still have until the end of July to move out.
When giving a 30-day notice to vacate, you should consider the end date and what this will mean for you. For example, if you are planning renovations, you will not be able to start until 30 days after the notice has been given. If a tenant gives you their notice, you should be prepared to find a new tenant on or shortly after the 30 days is up, to reduce vacancy rates.
As with many landlord-tenant-related matters, the law regarding the 30-day notice to vacate varies depending on what state you are in. Some states that do not require 30-days notice from either landlord or tenant (or both) are:
For a comprehensive list including guidelines for all states, click here. Note that some states allow landlords to provide less notice if tenants have not paid rent or have violated the lease. Check your state law for further clarification.
If you do not provide your tenant with adequate notice, you will not have the legal grounds to end the tenancy. Likewise, if a tenant does not give you enough notice they could be subject to penalties (such as the landlord withholding their security deposit).
For this reason, it’s important to follow the stated guidelines when terminating a lease. Clear communication with your tenants will lead to fewer complications and a smooth transition process.
Once a 30-day notice to vacate is given, it’s the perfect time to start looking for a new tenant. Using Landlord Studio’s built-in listings and tenant screening services will help you find the best replacement renter for your property.
We hope you found this blog interesting! However, do note that the information in this article does not constitute advice. This blog is for general informational and educational purposes only and should not be used as a substitute for competent legal and/or other advice from a licensed professional.