Jul
17
How to Give 30 Days Notice to Move
Filed Under Housing
Once we entered escrow, I was hopeful that we’d be able to close the third week of the month so I’d have a weekend to paint and then be able to move out at the end of the month. That’s not working out as planned, but fortunately, I won’t have to pay rent and a mortgage at the same time, because I’ve learned the ins and outs of giving 30 days notice to move.
When You Can Give Notice to Move
Fixed-Period Lease
If you’re on a fixed-period lease, then you’re responsible for the rent until the lease expires. Moving at the end of the lease is as simple as notifying your landlord 30 days before the lease expires that you’ll be leaving.
Month-to-Month Lease
It’s certainly easiest to move out at the end of the month on a month-to-month lease. Then you don’t have to worry about prorating any days in the next month. However, that’s not always possible. If you need to move partway through a month, check your local rent laws to determine your rights. I learned that California law allows renters on month-to-month leases to move anytime during the month. You’re only responsible for the days you occupy the home, or 30 days from the date you give notice, whichever is longer. For example, if you give notice on the 10th, you’re responsible for the rent until the 10th of the following month, even if you move out the 5th.
How to Give Written Notice
Giving written notice is easy. It should be typed and read something like this:
June 15, 2009
To:
Joe Landlord
1111 May Lane
Los Angeles, CA 90066
I, Aryn Money, hereby give notice that I intent to terminate my tenancy of 1111 June Road #3, Los Angeles, CA 90067 as of July 15, 2009.
My forwarding address is:
1111 July Road #6, Los Angeles, CA 90068.
My phone number is: (310) 555-1234
Sincerely,
Aryn Money
Sign in the space. I would provide a cell phone number if you don’t yet know what your new phone number will be. If you have a roommate who will also be moving, they must sign the notice, too. If they’re not moving with you, have them provide a separate notice with their own forwarding address.
If you want to give a reason why you’re moving, you can, but it’s not required. You must give a forwarding address if you want your security deposit returned to you in a timely manner.
How to Deliver the Notice
If you have a property manager, simply hand it to him or her. If you have an off-site landlord, mail it to the address on your lease or the place you mail your rent. If your landlord picks up the rent, leave it in your payment envelope.
Pro-rating the Rent
If you’re moving mid-month and your state permits pro-rating rent, then call your landlord to ask how much you should pay for the partial month. It should be your monthly rent divided by the number of days in the month, multiplied by the number of days you intend to remain. If you pay $900 a month and move on the 10th, you should pay $300. If you paid first, last, and a security deposit, you shouldn’t have to pay anything and should receive a refund for the unused days.
Once you give notice, keep your landlord appraised of any changes. If you need to stay a little longer, you’ll need to pay a little more. If you need to leave earlier, you’re still responsible for the full 30 days.
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What if the landlord gives the tenant 30 days to move out and it is a month-to-month lease. If the landlord gives the tenant 30 days notice to move out, and the tenant decides to leave, let’s say 10 days later, is the tenant responsible for the remaining 20 days prorated or only the days for which they are physically there? In California.
Hi Jason,
I’m not sure how the proration works, but it seems that your landlord may not have given you sufficient notice unless it’s an eviction. Visit this site to learn more:
http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml
I have a tenant who gave a 30 day notice on the 25th of March but his notice is vague: he says 30 days but seems to be under the impression that he can stay through the full month of April leaving me without the week which I need to get the property ready for the next tenant. The way I read the terms of his standard lease agreement is that if he stays beyond the 30 days he is then subject to next months rent. I think my options are to ask him to leave by the 25th or argue that he is subject for payment on May’s rent. Any thoughts?
Assuming that he pays the rent on the 1st and paid for the entire month of April, then he’s not subject to May rent if he’s out by April 30. If he only paid rent through April 25, then he has to be out by that date or will have to pay for the days he stays beyond April 25. As long as he’s out by April 30, he doesn’t owe you May rent. The tenant is not required to pay for your time to get the apartment ready.
I am in a fixed 12 month lease that ends May 31. On the lease agreement it states that if it is a month to month lease that either party must give 30 day notice to terminate said lease agreement. Below that is says fixed lease with a specific start and end date and absolutely no mention of a 30 day notice to vacate. We have a fixed lease. As I gave notice May 7 to vacate premises on the end date of said lease on May 31, as soon as I knew I was needing to move. The landlord says I am held to the 30 days, yet his lease agreement specifically states 30 days notice on month to month leases, when in fact I am on a fixed lease. What are your thoughts?
Because the fixed lease doesn’t specify a notice term, it would probably fall to your state laws. Some states require no notice, others 15 days, others 30 days. Contact a state or city rental housing authority for advice.
I submitted a 30day noticed on May 14, 2010. Move out date set for June 13, 2010.
Q. I live in the State of California (month to month lease agreement). Since I give notice on May 14, 2010, will I be required to pay rent for the full month of June 2010, even if my termination date of Month to Month is effective June 13, 2010?
It may vary by city, but probably not. In Los Angeles, you would have to pay prorated rent for June. Take the monthly rent, divide by 30, then multiply by 13 to get the amount you should pay on June 1. Ask your landlord to confirm the amount due.
This is pertaining to the state of California.
I have been renting a room in my house to someone and I have given her a written 30-day notice to vacate. There was a month-to-month lease.
What is my next step if they will not move on thae specified date?
Are laws the same as if you were renting a an apartment or house to a tenant vs renting a room in your house..
Hi Mary Ann,
It’s probably worth a call to a real estate lawyer to discuss next steps if you anticipate that your tenant won’t leave. I believe the next step would be eviction, but there could be different rules for a room rented in your home.
my landlord gave me 30 dayz to move out the reason because a neighbor said that she was scared of me im merried.the landlord belived her and the lady is in medication and has problems can they do that
Chuko,
It varies by city, but in some cities yes, you can be evicted for creating a nuisance for other residents. If you believe you’re being wrongly evicted, I recommend you contact a lawyer or your local housing department who can steer you to legal aid.
I was given 30 days notice by my tenant which is up July 13th. She has paid till the 13th. I have contacted her (first time was 30 days ago) to meet with me on the 13th so, I can get the keys and do a preliminary walk through.
She’s the one that gave me notice and now she is evading me. The last email I received from her (yesterday) states she has to work so, she can’t meet with me until 11:00PM. Now, she has known for 30 days that she is to move, but states she just put in at work to see if she could meet me at 6:00P.
I told her I can’t meet with her any later than 6:00PM. Honestly, she gave me notice at 12:00 so technically I think her time is up at 12:00p on July 13th. Just goes to show it isn’t always the landlord who’s playing games.
How is she going to move out if she’s at work until 11 PM? That’s very fishy! I agree, sometimes it isn’t the landlord who is the problem. In fact, a lot of times it’s tenants who aren’t following the rules!
If I gave a 30 day notice to vacate house that I would have been moving into fell through my current Landlord said that I could not retract my notice and would still have to move…is this correct. I am at the end of my lease.
Sorry didn’t complete my thought; I live in an apartment where I gave the 30 day notice, my lease is up. The house that I was going to purchase fell through. Now the landlord where I live will not let me retract my 30 day notice to vacate; do I still have to move?
This is a tough one. Since you’ve given notice to vacate, your landlord may want you to sign a new lease with current market rent. Or they might already have a new tenant lined up. I would contact your local rental housing authority for advice on the laws in your state.
I live in CA. I gave my landlord a 30 day notice to move out in July. I put it in the envelope with July’s rent. They are now saying that they didn’t receive the notice and are charging me for the month of August. I can’t find my copy of the letter…What can I do? They should be refunding me my deposit. I’m so frustrated.
This is a tough one. It’s basically your word against theirs. Although it seems unlikely that they didn’t get the notice, what happened on the day of move out? Did they say “Hey, where are you going?” or do anything to indicate that they didn’t know you were leaving?
I own an apartment in Montclair, Ca. One tenant is late for her rent. She is still not paid off on the 15th of Nov for Nov rent and I waited for her till midnight to show up. During this time, she is either not answering her door nor her phone at the time she told me to pick up rent. I have been there 4 times prior to yesterday. I want to give her 30day notice to move out which she is only on the third month of a month to month lease. Do I need a reason to terminate her lease? i feel she is going to continue doing that to me. please comment. thank you
I believe that if she hasn’t paid rent, you actually have to give her a 3-day notice to quit or pay rent. However, since this is a month-to-month lease, you can probably give her 30 days to vacate at any time. I would check with a tenant lawyer first though, to make sure you can evict for late payment of rent this soon.
I have a 6 unit in chicago. my tenant is on a month to month lease. she gave notice in the middle of november that she was moving in the middle of december. can i charge her for the full month of december.
On a month-to-month lease, no you generally can’t charge the full month of December. You would have to prorate December for the number of days she stays.
I live in Los Angeles and am on a month to month lease. Earlier this year the landlord gave out a copy of the amended rules for the apartment that they had all of the tenants sign. Among the many listings was an item stating that unless a tenant gives their 30 day notice on the 1st through 3rd they are obligated to pay for the entire next month. Is that legal? Can they force me to pay for days that I am not there even if I give 30 days notice?
I would check with the local housing department, but if you signed the amendment, then yes, it probably is legal. However, if you left on the 10th and paid the full month, but they re-rented it before the 1st, I think they would owe you money.
I gave a 30 day notice. I had medical issues that prevented me from moving on the 16th as planned. The owner told me no problem, he would work with me and give me any additional time I needed. I paid the remaining rent from the 17th through 31th. After two weeks, the property management firm has contacted me and advised I have to give a whole new 30 day, beginning now. I will be charged for the 30 days if I am here or not. Can they do this? If they had told me on the 15th when the owner said he would work with me, my new 30 day would be over in 2 weeks but, because they didn’t tell me this, I now have to submit a new 30 day beginning now. Is there anything I can do?
Hmmm, this is a legal question I’m not sure I can answer. I would call your city or county’s housing authority and ask them. You can probably find it by googling your city or county and “tenants rights” or “rental authority”.
I rented out my grandmothers house to my ex sister in law. I am responsible for managing the property. I served her with a 30 day notice to vacate but she has no intention on moving out. i live in Ca in Los Angeles. Do I have to now go to court to evict her? Or can i just changed the locks?
You have to go to court to evict her. You can’t simply change the locks. Also, depending on how long she has lived in the property, she may have been entitled to a 60-day notice.
she has lived there 9 months but has only been paying rent for 3 months. i dont want nothing from her i just want her out of the house. ASAP. what is the fastest way?
You still have to file an eviction notice with the court. I’m not a landlord, so I don’t know the procedure, but I recommend contacting a real estate attorney for help.
I live in Nevada, would like to give 30 days notice on 10/15/11, would I still be responsible for a full month of rent for November? My lease says either party can terminate by giving the other party 30 days written notice. I have been on a month to month lease since my lease expired 6/1/11.
I can’t say for sure how it works in Nevada. Contact your local housing authority for advice.
HI I have a lease thats up in march and i have not paid January and unable to pay February. I received a 3 day notice and a notice my lease is up march i plan to move on the 29 of feb. What can happen ? Can i be evicted before the end of the month and will be responsible to pay that rent?
My understanding it that the 3-day notice is an eviction notice. If you don’t pay, then the landlord can go to court for a formal eviction. In some states, they can also sue you to pay the back rent. Evicting a tenant usually takes more than 30 days, so you probably won’t get evicted by the sheriff. You may still be sued for the rent, but it may vary by state.
i have a room mate who is on the month to month agreement with me. she has gave her 30 day notice to vacate to the landlord, 30 days are now up and she is not leaving. what can i do what are the laws for california? all her property is still in the house.
This is tricky. You don’t have any authority to evict her because the agreement is with the landlord, not with you. If she doesn’t move out, she should pay rent, however, you are still responsible for the full rent if she doesn’t pay.
Hi, My lease was up on Feb 11th and my rent is due on the 11th of every month. I paid rent for Feb 11th so i am caught up until March 11th. I have been looking for places to move and I want to give a 30 day notice to my landlord. My question is.. if i give a 30 day notice and dont find a place by the end of the 30 days. Will I have to move out by that date? Is there anyway to word a 30 day notice… so that incase I wouldnt find a new place I could still stay longer? I understand that I would be responsible for paying rent until I evacuate the premises.
Also, I live in Ohio.
Usually you’re expected to be out on the 30th day after giving your 30-day notice. Your landlord may be willing to negotiate something different, but you’d have to talk to him.
If give a thirty day notice to move and then decide to stay another mth, can they force me to leave?
It really depends on your state and rental agreement. If you’re not ready to go, speak to your landlord.
We just closed escrow on a short sale of our home, just barely missed foreclosing.In the process of everything the buyer had mentioned that maybe we could rent back from her, but after all is said and done, not only does she want us out in thirty days but also wants $1000 rent for the thirty days. We are worried we wont have enough saved to move…what are my options?
Look at your contract. Hopefully it stipulates the rent back rate and how long you can stay afterwards. If it doesn’t, then you’ll have to negotiate with her. If you can’t afford to move when your time is up, your best option is to find a friend or family member who will let you put your belongings in their garage and find either a cheap apartment or a friend or family member to live with.
Hi my name is Emily I made a phone call to my landlord to explain I him that I had to do a family leave except he told me that on the contract it states that I have to give a thirty day notice except he never gave me a copy of the contract he said he will but I never received it and so he told me that he has to keep my security deposit and I told him that when he explained the contract to me he never brought up the notice and so he said that it was in there and I should have seen it but he was rushing me to sign it and hand him the money so he can leave but can he keep the money even tho it doesn’t state that if I didn’t give him the notice he keeps the money ?
Hello my name is Lisa, and my question is if I give my tenant a termination of tenancy letter on the fifth of the month to vacate. I am currently in a month to month lease with them and there rent is due on the 1st of the month last month they paid me on the 3rd. Will it still be considered a 30 day notice or do I have to wait till May 1st to send out the notice.
Hi Emily, I’m not a lawyer, but this is how I interpret the situation: unless your lease contract or state law specifies it, “family leave” is not cause to vacate without sufficient notice. Your landlord should give you a copy of the contract immediately. If it says that 30 days notice is required, then you either need to pay for the last month or forfeit your security deposit. It was your responsibility to read the contract before you signed it, so his failure to mention it isn’t necessarily an issue. It’s fairly standard in any rental contract, so it shouldn’t come as a surprise. Without the contract, you can’t prove whether or not the clause is included. If he fails to produce it, you should contact your local housing board to determine your rights.
Hi Lisa, I’ve never been an landlord and I’m not a lawyer, so I don’t know for sure. It sounds like you gave them a tenancy termination two days after they paid the rent, so it wasn’t a three-day notice to quit or pay rent. It may vary by state, but in California, the notice can be served at any time and then tenancy ends 30 days later. That would mean your tenant owes 5 days rent in May, and then has to leave on the fifth. If you’re not sure about your state, check with a local real estate lawyer.
I rent out a room in my house. I am 7 months pregnant and now need to room at the end of the month. They have paid April rent and have found a place to live already. They want me to pro-rate there rent for this month. I gave them the 30 days so I would get the full months rent and if I had known that it was only going to take them a week to find a place I would have gave them 10 days. Do I pro-rate there rent this month?
I gave them 30 day notice on the 1 st of April forgot to say that.
Hi Jenn, Unfortunately this isn’t one I can help with. It would really depend on the rules of your state and what they require from landlords who terminate a tenancy so they can move a family member or themselves into the space.
Hi, I live in California, and have a month-to-month rental agreement. I gave 30 days move-out note to my tenant. It has been over 8 days and he is already packing and most likely will move out sooner than the end of the month. I have not received any written note from my tenant indicating his move-out date.
Will I need to pro-rate the rent if he moves out sooner even without receiving any prior note from him on his move out date?
I wasn’t planning to look for another tenant until end of the month.
What is recommended doing in this situation?
Thanks in advance.
I’m not a landlord, or a lawyer, so I can’t say whether you’ll be required to pro-rate the rent if the tenant opts to move out before the 30 days is up. It seems like you wouldn’t have to because he’s voluntarily leaving before the 30 days is up. If he presses it, I would contact the local housing board for advice about laws in your city.
Hi I am in california my landlord informed me on the 10th of the month that she was planning to sell her home and that I would have a month to three to find and new place to live I found a place am I required to give her 30 day notice still if she informed me that I need to move verbally. it is a month to month lease we were friends but she started acting odd now she is selling it is not listed she says she is waiting for an appraisal for it to be listed.
Hi Tiffany, I would tell the landlord that you found and a place and when you’ll be moving. Since she gave you notice, I wouldn’t expect that you have to give notice back, but I can’t say for sure.