30 Day Notice to Vacate

What is a 30 Day Notice to Vacate?

A 30 day notice to vacate is used by a landlord in order to notify a tenant that they must leave the premises within a month.  There are numerous reasons why a landlord may choose to evict someone, such as if the tenant has caused damaged, refused to pay rent, or violated other terms of the lease.  In some cases, a landlord doesn’t need a particular cause in order to issue a 30 day notice to vacate.  

Conditions for Giving a 30 Day Notice to Vacate without Notice 

In certain cases, a landlord doesn’t need to give a tenant proper cause when issuing a 30 day notice to vacate.  The kind of situations that apply to this kind of notice fall below:

1) If the tenant or tenants have lived in the rental property for less than one year.  Otherwise, the landlord must supply a 60 day notice.  

2) If the tenant lives in a single-family residence or condominium, or if the landlord must sell the property within a short period of time.  

What must a landlord supply in a 30 day notice to vacate?

A landlord must supply specific details within an eviction order.  If you have been served a notice from a landlord that doesn’t contain the following features, you might not have to vacate the property within 30 days.  A 30 day notice to vacate should include the following:

1) The notice should be in writing.

2) The form should be signed and dated by the landlord. 

3) The form should provide a specific address of the property and a thorough description of the rental unit in order to ensure the unit is the one you live in.  

4) You should receive the form personally at your home or work.  If you do not receive the notice personally, a posting must be tacked to your door and a second copy must be mailed to your home.  

If the notice doesn’t meet the standards set above, you may have more time to vacate the residence.  Additionally, if a lease specifies your residency for more than one month and the time has not run out yet, you may be able to stay in the property past the 30 day notice to vacate.  

Responding to a 30 Day Notice to Vacate

If you want to stay in the rental unit for a longer period of time, ask your landlord what can be done in order for you to stay in the property.  If the landlord agrees to let you stay in the residence, you should keep a copy of the old 30 day notice to vacate and have you landlord write up a new agreement.  The new form should be signed by both you and the landlord.  

What happens if I don’t move out after 30 days?

If you don’t move out after the 30 days, your landlord can file an unlawful eviction lawsuit against you.  However, if you do not move out after the 30 day notice to vacate, your landlord cannot change the locks or move your possessions out of the apartment without taking you to court first.  

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