Does a landlord need to give a 30 day vacate notice before proceeding to evict?
It may depend on the state where you live, and on the situation.In Texas, only 3 full days are required… the landlord can file on the fourth day if he wants.If you are month-to-month AND you have done nothing wrong, the landlord can require you to move by giving at least 30-days notice. It can be for any reason or no reason at all. You are a Tenant At Sufferance.But if you have done anything wrong (like late rent), that’s out the window and he’s back to an immediate 3-day eviction notice.If you’re willing to get all your belongings stacked at the curb by strangers, and have a judgment against you for 10 years, you can wait out the entire eviction process, which takes about six weeks in Texas.Once you have failed to comply with a 3-day eviction notice and a suit is filed, it moves forward after that, even if you pay up everything you owe while waiting for trial or move out while waiting.In some other states, putting you and all you own out to the curb takes significantly longer, but you still have the downsides mentioned above when the dust settles.
Does a landlord have to issue a written 30 day notice to vacate prior to eviction in ny state?
I've never been licenced in NY State. Each state has different landlord/ tenant laws. You can call the New York attorney Generals Office they have a division that deals with landlord/tenant issues. Only an attorney can give you legal advice. Your rental agreement should have a section to address this. Generally if you're late with the rent the landlord can file a notice to pay or quit as a first step bit if this has been an ongoing issue the landlord generally can move straight to eviction. It would normally be handled by a housing court or local court or through mediation but each state is different. This is why you really need the proper legal advice of a local attorney.
Does a landlord need to provide a reason for a 30-day notice to vacate in the state of New York?
No. A "month-to-month" tenancy may be terminated for any reason, or for no reason at all. Thus, no reason is required, nor should one be given.When occupancy continues after a lease expires in New York State, a "month-to-month" tenancy is established under the same terms and conditions as the expired lease. That means if you wish to send an official notice to the tenant, you should do so in strict accordance with the lease terms, usually found under the caption "Notices." Posting notices on the tenant's door or personal delivery, unless used as a last resort, may not qualify as having given notice under the strict terms of the lease, so you may leave yourself open to a common procedural defense if the tenant then does not wish to leave.As far as I know, any official notice would require the signature of the landlord or its authorized agent, or at least a signature stamp or seal, but you would have to ask a lawyer to get a definitive answer on that. In most residential tenancies, notice is required to be delivered by certified or registered mail, with return receipt, to the leased premises, which is presumed to be the tenant's principal place of residence unless an alternate address is specified in the lease.
How do I write a 30 day notice to landlord?
Just be up front and do something simple, like:"DATE HEREMr/Ms/Mrs Name HereI wish to thank you for being a good landlord. After a lot of thought, I'm afraid the home I'm in now no longer fits my needs. As per the requirements of my lease, this is my 30 day notice that I will be leaving on INSERT DATE HERE. I will turn in my keys to you on that date. I ask that you perform a move out inspection in my presence so that I can verify any issues you may find during the inspection, and so that I may have an opportunity to fix the problems before you decide to deduct the costs from my security deposit.Again, I thank you for being such a good landlord. I would definitely recommend you to anyone looking for a place to move to.Sincerely,Your Name Here"I would make two copies of it, and probably send the landlord's copy via certified mail so that they cannot say they did not receive it.Hope this helps.D
If the tenant gave a 30-day notice on Oct. 1st to vacate by Oct. 31st but vacated on Oct. 25th, does the landlord have to pay 5 days rent back?
No.If a 30-day notice was required, then the tenant owes 30 days of rent from the date notice was given. Although the tenant may not have lived there during those final days, the tenant is still obligated to pay those 30 days of rent.Otherwise, what would be the purpose of a 30-day notice? In this scenario, if the tenant gave notice on October 1 and vacated on October 2, you wouldn’t expect the landlord to refund 29 days of rent.Beyond that, a 30-day notice period protects both the landlord and the tenant. Otherwise, you’d have to argue that if the landlord gave the 30 day notice on October 1, the landlord could kick the tenant out 5 days early . . . or 29 days early. The landlord has to abide by the 30-day notice, as does the tenant.For more information, check with an attorney.
In New York City, is a 30-day notice to vacate provided by a tenant to a landlord via email legally sufficient?
There is no such thing as a notice to vacate from a tenant to a landlord, so I'm not sure what you're asking here. Such a notice would come from a landlord demanding that a tenant vacate a leased premises.In any event, email is generally recognized by NYC courts as a legally valid form of agreement and/or notice, a written signature is not necessary.
What happens if a landlord gives a month to month tenant a 30 day vacate notice, but the tenant refuses to leave?
In the presence of a properly executed lease on file, I would think the landlord would take the very next step as spelled out in the “Failure to Perform” section of the lease.For most, that will be step 1 in a formal eviction procedure - which will vary from state to state.Without a lease on file, or in a situation where the venue does not permit M2M lease terms, or in some rent control jurisdictions, this may not be something the landlord can accomplish easily.
What are the consequences of not honoring a 30-day move out notice I gave to my landlord?
Read your lease, it is a legal contract. Without 30 days notice, It is likely landlord can demand another month's rent,and enforce it with your security deposit AND ADDITIONAL FOR DAMAGE REPAIR.If you are inexperienced, get an older fart to read your lease to bring reality into your thinking -- we all tend to interpret contracts in our favor and get angry ans shocked when other opibions are closer to legal reality.THIS IS FAIR BECAUSE YOUR 30 DAY NOTICE IS LANDLORD'S OPPORTUNITY TO PREPARE/REPAIR THE PROPERTY TO KEEP HIS INCOME CONSTANT AND KEEP RENT REASONABLE AND COMPETETIVE.This is also fair because you signed the agreement !The more you help your landlorg get the property ready. The better treatment you will get -- offer easy stuff like moving your belongings around so owned can get earliest sccess and get ahead on inspection and getting repairs planned and even started . If you damsged sheetrock, you could spackle it flush and save the owner a half day painters visit $200.00 bare minimum if you invesr $15. Window washing? Super clean. Let owner inspect and maybe negotiate stiff you couls do. (Assuming you can do quality work. If rou ruined something, consider replacing itHe is gonna chatge you for it anyway and you could save his monleying sround to replace an $10.00 lamp sconse. You might do it cheaper, especially if you review your proposed fixes to meer owner's quality needs.There is some psychology involved -- showing owner you want to help his success will affect his attitude toward you. And yes, there are bad landlords. You have to make judgements but your assessment will be better if you talk to owner.
As a tenant in CA. If you sign a one year lease and move in, can the landlord give everyone a 30 day notice to vacate immediately?
You’re in California.This is what’s known as an OMI (Owner Move In).The answer really depends on your local statutes. Some cities have rent controls, and in those cities, there are usually statutory allowances for an OMI, or in some cases, also the move in of an immediate relative of the owner.An OMI is typically an exception to the local rent control ordinance for that’s called a “just cause eviction” requirement that’s normally part of rent control statutes.Typically for an OMI, there’s a good faith requirement that the owner intends to occupy the property for an extended time, rather than re-renting the property within that time period. This is usually no less than a year — but check your local statutes.There’s also usually a requirement that it be the owner’s primary residence during that time.The notice requirement is (by California statute, local statutes may place additional requirements) 60 days for tenants who have been there a year or more, and 30 days if they’ve been there less than a year.So the 30 day notice is fine, at least for tenants who have not been there a year or more.There are also potentially statutory relocation costs, if the unit has been occupied for a certain period of time (the situation described is a relatively immediate event, you likely do not merit relocation costs). Check your local statutes to be sure.The tenant usually gets “first right of reoccupation”, say for example, the owner moves in, then moves out a month later — you could reoccupy the property before anyone else is allowed to do so. This type of statute varies by city.Note that an OMI requires the same notice as any other Notice to Quit (as noted above: 30 or 60 days), and even then this is not an eviction.If the owner wants you gone, then they will start an eviction proceeding, which, in California, is a court order to Quit issued by a California Superior Court.I would personally recommend not allowing things to go as far as an actual eviction, and you should get in front of this with a lawyer, if it’s going to come to that. An actual eviction may prevent you from renting a new place, during the background check.If you have any further questions, you should probably contact your local landlord/tenant association or a landlord/tenant lawyer (or real estate lawyer) in the jurisdiction where the unit is located.The circumstances around an OMI are generally very complicated, and you will likely need legal advice, should you want to fight it.