Video instructions and help with filling out and completing 30 day notice letter to landlord
Hi I'm Paul the Chesky Nebraska landlord accom hey I wanted to bring another video on legal notices in Nebraska the next one we're gonna talk about is just the simple 30 day notice the 30 day notice is used for a couple of different things the first thing that it's used for is the most common is to end your lease agreement so the tenant is going to give the landlord or the property manager the proper 30-day notice saying that hey at the end of my lease I'm gonna move out the landlord can also use it to give to the tenant to say I don't want you I'm not going to allow you to renew your lease and then we also use 30-day notices to make changes to rules within the the the rental unit so I'll give you an example maybe the property manager is changing the hours of the laundry room or they're changing the hours of the swimming pool so they would have to give the tenants a 30-day notice of the change and they can actually make minor changes to the the community rules as long as those rules don't substantially modify the original terms of the lease agreement which changing the the laundry room hours wooden wouldn't rise to that level but a notice is still required so let's take a look here I want to use the most common reason we use the 30-day notice and that is to end a tenancy so let's say that the tenant is going to end their lease on April 30th which is the last day of the month this is very important and this also applies to landlord so if the landlord does not want to renew the tenants lease at the end of the period on April 30th then they would make sure that they serve the notice in the same method to the tenant so let's take a look here so we the lease is going to end on April 30th the tenant or the landlord depending on the situation would need to give notice honor before on or before March 31st to the tenant indicating that they that they're going to be obviously terminating the lease and moving out on the last day of April very important because let's say that they wait until April 2nd the tenant waits till April 2nd to notify the landlord that they're there they're gonna be moving out well it's not really a 30-day notice it goes from period to period so legally the landlord even though the lease says that it ends on April 30th because the notice wasn't given properly the tenant is still responsible for rent now it's been told tol led told until May 31st so technically and legally the landlord could say well because you didn't serve me the proper notice you gave me notice on April 2nd you're responsible for rent utilities and all that now until May
FAQ
My landlord is telling me I have a week to leave because his son needs the apartment. Doesn't he need to give me more notice. How can I find a new place to live in 1 week?
Typical notice is 30 days. It could be as low as 10 days in special cases such as non payment of rent. Here are the laws in each state via State Rules on Notice Required to Change or Terminate a Month-to-Month TenancyHere in Pennsylvania the law is:http://rturn.net/laws/evictions/...In order to evict your landlord is required to give you a proper notice. This notice must be in writing, and it must state the date that you should be out. If you are in the middle of a lease term and you have not violated the lease by falling behind in your rent for example, the landlord cannot evict you before the end of the lease term.Most written leases have a clause in them that states how much time in advance either the landlord or the tenant must give if they are not renewing the lease.If your lease does not state otherwise, the notice must give you only 15 days for a month to month or year to year lease.However, if your landlord is trying to evict you for non-payment of rent, he or she must only give you 10 days notice. This is true whether your lease is verbal or in writing.But, remember, although your landlord gives you a notice to get out, he or she can evict you ONLY after taking you to court!
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
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.
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.
I didn't sign my 30 day notice to my landlord. Is it still good?
It’s fairly unlikely that whether you signed the notice or not will be material, more material would be the method by which you delivered it to the landlord and what the notice itself said.A typical lease provision (or statutory default in the absence of a lease) will just refer to “notice”, which may not even require written notice much less any signed document. Giving written notice is helpful for proof of what the notice said later. Signing a document is evidence in support of authentication, and so it’s a good idea, but it is not the only possible such evidence.Unfortunately, we couldn’t give you actual advice on that without (1) being licensed in the jurisdiction where this is happening, (2) agreeing to accept you for a confidential consulation, and (3) reading the lease and thirty-day notice in question, at a minimum.Another party who could give you a relevant opinion on the “validity” of your notice would be the landlord. If they have accepted the notice, it won’t be likely to matter if it’s “valid”, conversely if they are going to give you a hard time, you might as well find that out now.
How can my roommate give me a 30-day notice to move out if she isn't the landlord and there isn't a rental agreement from the owner of the house that we live in?
If you were both on the lease of the apartment then your roommate cannot do that. If your roommate is the leaseholder and then took you on as a roommate then she may ask you to leave But even that would be difficult once you have established residency. If there is no lease at all then your roommate has no more power than you do. So once again you don’t have a right to ask you to leave. The only way around this would be if one party was to get a restraining order from the court. Then the opposite party would have to leave otherwise they would be in violation of that restraining order. Which would result in jail. But even that would be difficult once you have established residency. If there is no lease at all then your roommate has no more power than you do. So once again you don’t have a right to ask you to leave. The only way around this would be if one party was to get a restraining order from the court. Then the opposite party would have to leave otherwise they would be in violation of that restraining order. Which would result in jail
What should I expect after giving 30 day notice to my landlord?
I would contact the landlord and ask about their move out process. The best practice would probably be to have a quick walk through with the same form that listed the property condition on move in (eg in your move in packet)… then you could both note what was damaged prior or during the tenancy (or wear and tear). If unfurnished, it should be empty, clean and how you got it. You can hand off the keys and mention any address issues (have your change of address done and utilities switched if any)But landlords vary in their practices, so you might suggest this move out procedure even if the landlord does not and then you can set a date so you don’t worry about a random time or the landlord dropping by. If you are worried about the deposit or any issue, you can start documenting and photographing to help should there be a deposit damage issue. Best of luck.
How long after 30 day notice does landlord have to file an unlawful detainer in a rent controlled apartment?
You just stated that he gave you 6 of them.So you had notice.The landlord doesn’t have to act immediately on any notice.Since you’ve been there more than one year, the notice was at least 60 days before — probably 65, courts are not instantaneous, even though an unlawful detainer is usually handled quickly.It’s typically about 5 business days, and you received it on a Wednesday — Fridays are pretty common to batch up detainer motions (they’re summary motions).So call it a 60 day notice on or around December 22nd of last year.Note that since it’s rent controlled, he likely believes he has sufficient evidence that he can proceed with a for-cause eviction for a lease violation.As examples:If the lease says no smoking in the apartment or on the property, and you smoked outside, but not off the property, and he has pictures, that’d count as a lease violation on your part.If the lease says no storage of bicycles under the stairs, and there’s one there: lease violation.If the lease says no storage of items on the balcony, and you have items there: lease violation.Etc.Hopefully, you have a copy of your lease handy. Note that, unless the lease states otherwise: there’s no statutory requirement of a “notice to cure”, to let you correct the problem, rather than facing eviction.Here’s the overall process:Notice to quit posted/served to you by the landlord3 day notice to quit for a lease violation30 day notice to quit if you lived there under a year60 day notice to quit if over a yearFiling a motion for unlawful detainerService of a copy of the landlords summons and complaint5 day clock started on written response to the courtCourt moves forward with summary judgement, if:no written responsewritten response deemed inadequate by the courtIf written response is sufficient additional court process:Court dateSummonsDay in courtCourt judgementIf Summary judgement, or court judgement in favor of landlord:writ of possession and judgement sent to tenantstart of 5 day clockSheriff shows up to remove you and your possessionsAre you sure you didn’t just get a summons and complaint?If you did, you’d better respond in under 5 days from the date of the summons and complaint — that likely means Thursday or Friday of this week.I suggest you contact an attorney or tenants rights organization immediately.See also California Department of Consumer Affairs: The Eviction ProcessBy the way: if the landlord can prove a lease violation — however minor, followed by a notice — well, you’d better be looking for a new place to live.