Sometimes it’s dreamy, sometimes it’s not.
For whatever the reason may be, your tenants gave you a 30-Day Notice of their intention to move out of your property. They may be in the middle of a lease, or they may be in a month to month agreement.
Either way, you need to determine two things:
Is the 30-Day Notice “good?”, and
Are you willing to accept it?
Part I. Is the 30-Day Notice “good?” (and what does it mean to have a “good” 30-day notice?)
This is of utmost importance. Oftentimes, tenants give you a document that both you and they consider a notice, but it may not be valid. A notice is valid when an owner is able to start an eviction based on the notice that was given to the landlord, in the event that the tenants don’t move out as agreed. If the owner doesn’t have the potential to start an eviction, then the notice is not good.
This is the criteria that goes into a valid termination notice that a Tenant has given a Landlord:
It’s signed by all the adults in the property. This is the most complicated piece that most people miss, and ultimately makes most notices invalid. An “adult” is someone who is over the age of 18 or someone whose age you cannot confirm. “All adults” means:
a. All adults who signed the rental agreement
b. All adults who are on the lease as occupants
See AlsoOregon Eviction Laws: The Process & Timeline In 2023Mobile home park tenants get eviction notice after 45 years - Source New Mexicoc. All children who are adults and/or have become adults during the tenancy
d. Possibly all adults occupants who were named on the rental application as potential tenants. If you have no idea who was listed on the rental application and you’re not sure if they’re living in the property or not, you need to have them sign it. If you know for a fact that none of the proposed occupants are living there, then you do not need to name them.
e. All adults whose names you know that have moved into the property, but their names were not written on the application or rental agreement.
f. All adults who have ever paid the rent on behalf of the occupants in the property. Yes, these adults have the right to live in the property and can claim they live there UNLESS they gave you a separate notice stating they “are not claiming right to possession of the premises.”
g. Any adults that already moved out. For example, if a tenant already moved out of the property, he needs to issue his own separate 30 day notice, or else he is still responsible for the current tenancy.
It clearly states the last day the tenants will be in the property. If it doesn’t have the last day, then at a minimum it needs to have the date the notice was given to you AND the exact number of days they will be out, both written out on the notice, so that there is a clear last day of tenancy. If it does not have either of the above, it is not valid. An estimate such as “I’ll be out by the end of the month” or “I’m looking for a place” or “I’ll be out when my kids are out of school for summer” are NOT valid end dates, and therefor are not valid notices.
(Video) 4 Ways To Remove a Tenant Without an Eviction | No EvictionsIT MUST BE IN WRITING. It cannot be verbal, it cannot be in passing, it cannot be a conversation, it cannot be during an argument. It must be in writing on a piece of paper. I know what’s next: What about receiving a notice by text or email? This deserves its own section; see below.
The Landlord has not accepted rent past the end date listed in the termination notice. If this happens, it cancels the notice that was served. If a tenant needs to stay an extra week and the landlord agrees, then put the details about the extension in writing, have all tenants sign it, and then you can accept any extra rent. Negotiating outside of a written agreement will end up hurting the Landlord in the long run.
What happens if the requirements above are not in the notice?
We can’t start your eviction if there isn’t a clear end date. Make sure it is crystal clear what the end date is for tenants to be out of the property.
You may get through an entire eviction, and one person could try to claim that they live there and that they did not give the notice to leave in the first place. If this happens, the Sheriff will NOT do the lockout on that one individual if they can prove they live there, and you’ll need to start your eviction all over again with a new notice. This is why the notice being “good” and “valid” is of utmost importance at the beginning; in order to not waste time and money.
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Part II. Are you willing to accept it (and what happens if a Landlord doesn’t accept the notice?)
If a Landlord receives a notice that does not meet the qualification standards above, then the Landlord can reject it and reply with an itemized list of what the notice must require. To consolidate the above information, this is what the Landlord can ask the tenant to provide in a notice:
That it’s in writing,
(Video) New Jersey Rental Laws Lease and Eviction RulesHas a clear “last day” of the tenancy written on the notice,
Is signed by all adults who live in the property, who signed the lease, or who have ever paid rent.
It’s important to note that even if the Landlord does not accept the notice, the tenant still may move out regardless. You don’t have a problem if the tenant moves out willingly. You DO have a problem if the tenant doesn’t end up moving out and gave you a “bad” 30-Day Notice because you can’t start the eviction based on this notice.
Most of the time, when a tenant gives a landlord a 30-Day Notice and doesn’t end up moving out, it’s also directly related to how much rent the tenant owes. See my blog post My Tenant is Behind on Rent and Gave Me a 30 Day Notice. What Do I Do? for details about what to do in that scenario, so you are prepared to take immediate action with a tenant that owes you rent and isn’t moving out.
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FAQ’s on this topic:
What happens if a tenant gave a landlord their 30-day notice then changed their mind?
Once a tenant serves a Landlord a notice, it cannot be retracted unless both parties agree to it. The only exception to this is if the landlord accepts rent after the 30 day time period in the notice ends. Once it ends, if the landlord accepts rent, it cancels the 30-Day Notice.
Is a notice valid if it’s given by text or email?
Maybe. It is valid if it still follows all of the requirements in Part I, ESPECIALLY item 1, which is the section that most landlords ignore. If one tenant gives you notice by text or email in a household of four adults (based on the criteria in Item 1(a)-(g) above), then it is imperative that the other three adult tenants also give you the same notice. If you only hear from one tenant via text or email, then only that one tenant is giving you notice that they are moving out. No, it does not matter if they sent it by email and cc’d the other tenants. No, it does not matter if they sent a group text message and included the other tenants. It is only valid if each of the adults occupants gave you notice as well, if by text or by email.
Important note regarding Landlords serving notices to Tenants: Text or email notices are NEVER okay for a Landlord to give to a tenant. However, the law in California benefits the tenant, and the assumption is that tenants don’t have the tools to know the difference between what should be done and shouldn’t be done, so landlords are held to a higher standard than tenants. Tenants can give notice via text or email. Landlords cannot give notice via text or email. It is, however, up to the Landlord to decide if they want to accept the termination notice or not.
What about tenants who are in the middle of a lease who give a 30-day notice?
Let them out of it. Honestly, do you really want to start an eviction against someone who says they’re moving out? I know you’re frustrated that they are exiting the lease early, but if they don’t want to be there, chances are that it will save you a lot of headache in the future to let them out of the lease early.
If they do leave early, and you refuse to let them out of the lease, then they are only obligated to pay you the rent until you are able to re-rent the property. Be careful here, and do not increase the rent, and make sure you list the property on all the sites you did before. If you do intend to sue them later on for the money due to you in between their departure and your new tenant moving in, the burden of proof is on you, and you will need to prove to a judge that:
You were doing everything in your power to rerent the property for a reasonable rate,
You were listing it on all the same sites you listed it before when you placed your current tenant
You did not remove the property from the market and hold onto it because it was easier to keep collecting rent checks from the tenant on a vacant property than it was to try to rent it out.
It truly is easier to let the tenant out of a lease, but you do have rights if you don’t want to go that route.
Who wants to waste time and money on a case that has the potential to go wrong? Not me, and definitely not you, so be sure to follow these guidelines the next time a tenant gives you a termination notice to help determine your options and best course of action as you move forward.
AUTHOR: ANNE-MICHELLE FRANCES*, SENIOR PARALEGAL
*This blog post has been read, reviewed, and approved by Daniel T. Paris, Attorney at Law.
FAQs
How do I give notice to my landlord? ›
You should say something like: “I am giving 1 month's notice to end my tenancy, as required by law. I will be leaving the property on (date xxxxx). I would like you to be at the property on the day I move out to check the premises and for me to return the keys.
How do I write a tenants quick notice? ›- Address the letter to the exact name on the tenancy agreement.
- Inform the tenant of the eviction.
- Be plain and concise.
- State the reasons for the eviction.
- Be sure to include the specific time of eviction.
- Ensure to get a copy of the letter.
- Serve the notice.
The notice should be written, and must be personally delivered or mailed by certified or registered mail to the landlord or the landlord's agent (such as a property manager).
How many days notice must be given to evict? ›Both County Court and High Court bailiffs must give you the notice at least 14 days before they evict you.
Do tenants have to give notice to landlord? ›As a tenant, you can terminate your tenancy (whether fixed-term or periodic) without giving a reason, but you must give a valid notice of termination to your landlord. In order to be valid, this notice must: Be in writing. Be signed by you.
How do I write a simple eviction letter? ›- Addresses.
- Date.
- Tenant names.
- Status and date of the lease.
- Why the eviction notice is served (clear and concise explanation)
- Date tenant must vacate the property.
- Proof of service or delivery of notice.
- The date of the notice to pay rent or quit.
- A clear indication, in all caps, at the top of the notice that the writing is a FIVE-DAY NOTICE TO QUIT FOR NONPAYMENT OF RENT, or however many days' notice you're required to give.
In California, eviction actions are called unlawful detainer cases in court. Under state law, a landlord must give their tenant at least 30 days' notice that they need to move out and specify when their tenancy will end.
Is a text message considered written notice in California? ›California's Statute of Frauds expressly excludes text messages and similar forms of electronic messages from those writings which may serve as evidence of an agreement.
How do I write an eviction notice in California? ›Eviction notices in California must include the legal reason for the eviction, the date the eviction notice was made, the number of days the tenant has to cure the problem or leave and be legally served. If notice is not legally served, eviction cannot be completed, and the landlord may be sued.
Can tenants refuse to leave? ›
If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. If the court gives them a possession order and you still do not leave, they must apply for a warrant for possession - this means bailiffs can evict you from the property.
What is the new law on evicting tenants? ›The government has introduced new legislation which means that from 29 August 2020 landlords must provide 6 months' notice prior to seeking possession through the courts in most cases, including Section 21 notice and rent arrears under 6 months.
How long does it take to evict a tenant through the courts? ›It could take between a few weeks and several months for your landlord to get the court order.
Can only tenants give notice? ›If one of you wants to leave
If the fixed term has ended or you never had a fixed term, you can give notice to end your tenancy without the agreement of the other tenants - unless your tenancy agreement says otherwise. It's important to be aware that if you end your tenancy it ends for everyone.
If you've been in your job for less than a month, you don't have to give notice unless the contract or terms and conditions require you to. If you've been in your job for more than 1 month, you must give at least 1 week's notice. It's best to resign in writing, so there's no argument about when you did it.
Do long term tenants have more rights? ›Its no, because they don't get special rights just BECAUSE they have been there a long time. In that your rights don't change suddenly from 'ordinary rights' to 'super special rights' when you have been in a property for three years, or seven years, or whatever.
How does 30 days notice work? ›A 30-day notice period means that notice can be given on any day of the month and the period will then terminate in 30 days' time.
How do I write a formal letter to my landlord for moving out? ›This letter constitutes my official [number of days notice you agreed to give in your lease]-day notice to vacate. I will move out and terminate my lease for the property located at [rental address, including apartment number if applicable] on [move out date]. I am leaving because [relocation, rent increase, etc.]
How do you write a notice? ›- The date.
- Your current company's address.
- The full name of the person it is addressed to.
- Include the date of your last day of employment (as worked out by your contract of employment and notice period agreement)
- If you want to, include a thank you to your employer for the opportunity.
The letter of demand needs to specify the exact amount due, the amount of time allotted in which the tenant is to effect payment as well as clearly indicate that for example upon non-payment, the lease agreement may be cancelled, the tenant may be blacklisted, and/or the tenant may be sued for arrears and/or damages.
How long does an eviction stay on your record? ›
Generally, an eviction report will remain part of your rental history for seven years. If you are in the process of applying for a lease, ask the landlord or leasing company to tell you the name of the tenant screening company they use. Contact the company in advance to find out whether the eviction is still appearing.
Will a tenant pay rent during quit notice? ›The tenant is still obligated to pay even during period of court proceedings and during the period the court grants judgment ordering the tenant to vacate the property.
How late can you be on rent before eviction? ›How far behind on my rent can I get before eviction? The law varies depending on the type of tenancy agreement you have with your landlord. But, generally, it states that a tenant has to be 8 weeks behind on rent (if paying weekly) or two months behind (if paying monthly).
How do I evict a tenant without tenancy agreement? ›If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.
Can a landlord evict you without going to court in California? ›The only way a landlord can legally evict a tenant in California is by going through the courts and winning an unlawful detainer lawsuit.
Can a landlord evict you immediately California? ›No. California law requires the landlord to issue a written notice according to state law before legally terminating the tenancy. The landlords cannot force to evict the tenants without due process.
What happens after a 30 day eviction notice in California? ›If you fail to vacate and deliver possession of the rental property by the specified date above, legal proceedings will be initiated against you to regain possession of the premises and to recover any past rent owed, and possibly costs, attorney's fees and damages in the amount of up to $600.
How much time does a landlord have to give a tenant to move out in California? ›A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)
Do emails count as written notice? ›Can a legal notice be served by email? If you want to provide proof that a valid notice was sent, an email will not meet the criteria for official notice. If proof of adequate notice is necessary, you will need to have proof that the email was sent and the recipient read the email.
Can you give landlord notice by text? ›Summary and other resources. A Notice to Quit served by email or text should be valid providing the Notice contains all the required information and has been received by the intended recipient. Many tenancy agreements specify how a Notice to Quit should be served so if in doubt, check your agreement.
What is the fastest way to evict a tenant in California? ›
- As a landlord, you can remove tenants who violate their lease agreements. ...
- California calls eviction lawsuits “unlawful detainer actions”, and you should expect the entire eviction process in CA to take about one month.
One type of notice requirement is that associated with the tenant terminating certain types of lease or rental agreements, including month-to-month contracts. In California and some other states, the 30-day notice is used in such situations.
How much does it cost to file an eviction notice in California? ›Pay a filing fee
You'll need to pay a fee of $240-$450 to the clerk when you file your forms. If you can't afford the fee, you can ask for a fee waiver. Each tenant named in the Answer needs to pay a filing fee or ask for a fee waiver.
Dear (Landlord name), Thank you for renting (unit X) to me, however I have decided to move. The purpose of this letter is to meet the lease requirements by giving you (X) day's notice. Let me know if there is any property inspection you need to do.
How do you text your landlord you're moving out? ›For the past (number of days/months/years), I have been living at (address of your current rental). Although my lease does not terminate until (lease termination date), it is necessary that I move out earlier due to (list the specific reason you need to leave, such as family emergency, job relocation, etc.).
Do tenants at will have to give 60 days notice in Georgia? ›If there is a tenancy-at-will, the landlord must give the tenant sixty (60) days' notice telling them to leave. If the landlord is willing to allow the tenant to remain but wishes to begin charging rent, the tenant must be given sixty (60) days' notice to start a new tenancy-at-will requiring rent payments.
What a landlord Cannot do in Georgia? ›Georgia law says that a landlord cannot make a tenant make or pay for repairs, unless that tenant, his/her family or guests caused the damage. For serious repair problems, local housing code departments can inspect for possible violations.
What do you write in a letter to a landlord to move out? ›Dear (Name of landlord or manager), This letter constitutes my written (number of days' notice that you need to give based on your lease agreement) -day notice that I will be moving out of my apartment on (date), the end of my current lease. I am leaving because (new job, rent increase, etc.
What do you say in a message to a landlord? ›State who you are and why you need a rental. Mention where you found their ad and how you can afford the rental. Offer to provide references (work/volunteer/housing office) Include some highlighting feature from the original ad so that when you receive a response you can remember which rental you are talking about (ex.
How many days notice to evict a tenant in Georgia? ›A written 3 day notice to pay or quit must be served on a tenant, demanding past due rent, prior to filing an eviction lawsuit. For residential tenancies, the laws regarding service of notice can be found in CCP §1162(a).
Is a text message considered written notice in Georgia? ›
There are times when a text is considered to be a written notice, and it may be legally binding on occasion. However, texted material cannot be used as a technical written document.
How much notice does a tenant have to give a landlord to move out in Georgia? ›It is equally easy for tenants in Georgia to get out of a month-to-month rental agreement. You must provide 30 days' notice (half the notice that landlords must provide).
How long is the eviction process in Georgia? ݤ 44-7-50). Georgia law has no set time frame for how long a landlord must wait after giving the tenant an eviction notice and filing an eviction lawsuit. Best practice for landlords is to wait at least three days before filing the eviction lawsuit, to give the tenant time to pay the rent or move out of the apartment.
Can landlords evict tenants at this time in Georgia? ›In Georgia, landlords cannot evict tenants or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.