30-Day Notice to Vacate: What Landlords Need To Know

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.

Is A 30-Day Notice To Vacate The Same As An Eviction?

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.

How Does a 30-Day Notice to Vacate Work?

A 30-Day Notice is commonly used by landlords to end or modify a month-to-month lease or a periodic lease. It does not apply to fixed-term leases, which require landlords to honor the lease for its full duration.

When either a landlord or tenant wants to terminate 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 this notice can be confusing because it takes effect on the next rental due date after the 30-day period has elapsed, not necessarily exactly 30 days after the notice is given. 

For example, if you collect rent on the 1st of each month but send a 30-day notice to vacate on the 10th of February, the lease would end on the 1st of April.

What Information Do You Need To Include?

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:

• Landlord contact information (name and address)
• Tenant contact information
• Property address
• Date
• Signature

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.

To get a free Notice To Vacate template read our article: How To Write a Notice To Vacate (+ Free Template)

Can You Give A 30-day Notice At Any Time During The Lease?

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.

Landlord Tenant Laws by State

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) include:

• Connecticut (3 days)
• Delaware (60 days)
• Florida (15 days)
• Georgia (60 days for landlords)
• Hawaii (28 days for tenants, 45 days for landlords)
• Louisiana (10 days)
• North Carolina (7 days)

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's landlord tenant laws for further clarification.

What Happens If You Don’t Give 30-days’ Notice To Vacate?

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.

What Happens After A 30-Day Notice To Vacate?

After a 30-Day Notice to Vacate is given, here’s what typically happens:

1. Notice Period: The tenant has 30 days from the date the notice is delivered to vacate the property. This period is calculated based on the rental due date, not the date the notice was given.
2. Move-Out: During the 30-day notice period, the tenant should prepare to move out, including packing their belongings and arranging for any necessary moving services.
3. Final Inspection: The landlord may conduct a final property inspection to assess its condition and determine if there are any damages beyond normal wear and tear.
4. Return of Security Deposit: After the tenant moves out, the landlord must return the security deposit within the timeframe specified by local security deposit laws, minus any deductions for damages or unpaid rent.
5. Lease Termination: Once the 30-day period is over and the tenant has vacated the property, the lease is officially terminated, and the landlord can prepare the property for new tenants or make any necessary repairs.

What Happens If A Tenant Refuses To Leave After A 30-Day Notice To Vacate?

If a tenant refuses to leave after a 30-Day Notice to Vacate, the landlord will need to take legal action to enforce the eviction. And while eviction laws vary from state to state and even city to city, here’s what typically happens:

1. Follow-Up Notice: In some cases, landlords may need to provide a formal notice of eviction, which could be a legal requirement in addition to the 30-Day Notice.
2. File for Eviction: The landlord can file an eviction lawsuit, known as an "unlawful detainer" action, with the local court. This involves submitting the necessary documents and paying any associated fees.
3. Court Hearing: The court will schedule a hearing where both the landlord and tenant can present their cases. If the court rules in favor of the landlord, it will issue an eviction order.
4. Eviction Order: If the tenant still does not leave, the landlord can request a writ of possession from the court. This legal document authorizes law enforcement to remove the tenant from the property.
5. Enforcement: Law enforcement officers will carry out the eviction, ensuring that the tenant is removed and the property is returned to the landlord.

Throughout this process, landlords must follow legal procedures to avoid potential issues or claims of unlawful eviction. It’s always advisable for landlords to consult with a legal professional to ensure compliance with local eviction laws.

Related: The Landlords Guide To Fast Legal Tenant Evictions

Finding & Managing Tenants with Landlord Studio

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 rental listings and tenant screening services will help you find the best replacement renter for your property.

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Disclaimer

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.