How Landlords Should Handle a 30-Day Notice to Vacate

Managing tenants who are moving presents challenges. A 30-day notice to vacate can help.

In this guide, we’ll review the 30-day notice. We’ll cover how it works, why it matters, and all the legal matters. We’ll also discuss the importance of a smooth transition between tenants, practical steps you can take, and some tools you can use to take your business to new heights.

What is a 30-day notice, and why does it matter for landlords?

A 30-day notice is a written document from a landlord or tenant stating the intention to terminate a lease agreement; they’re often used to end month-to-month leases. Most states require at least 30 days’ written notice to end month-to-month contracts. For longer fixed-term leases, some states require a 30-day notice to inform the tenant you aren’t renewing their lease.

Remember that certain states, such as Colorado and California, impose “just-cause” eviction requirements. In these states, you must have a valid reason to terminate a lease, such as failure to pay rent or illegal activities on the premises. These rules apply to month-to-month rentals as well. A 30-day notice to terminate tenancy is ineffective without just cause in states with these regulations.

When you can use the notice, it helps both parties prepare for the end of the tenancy. You will have time to evaluate the property’s condition, pinpoint necessary repairs, and begin looking for a new tenant. Tenants will need to search for a new home if they haven’t found one already.

Most importantly, a 30-day notice establishes expectations for both parties, which helps prevent confusion and reduces the risk of last-minute surprises during the process. Whether you’re the one issuing or receiving the notice, understanding its purpose and the legal requirements associated with it will aid you in managing your investment and rental property.

How to Write a 30-Day Notice Letter

A well-crafted 30-day notice letter for landlords or tenants can help ensure the move-out process is smooth, clear, and professional. Whether you are the landlord giving notice to a tenant that a month-to-month lease is ending or a tenant who has chosen to move on, here’s what to include:

• Date of notice
• Sender’s contact information
• Recipient’s contact information
• Clearly state the intent to terminate and the notice last day of residency
• Rental property address for clarity and documentation purposes
• Any next steps required. This could include final rent payments, security deposit return expectations, details of the final move-out walkthrough, or instructions on returning keys.
• Your signature

How much notice should a tenant give before moving out?

Most states require tenants to give a 30-day notice indicating their intent to vacate for month-to-month leases. Tenants with fixed-term leases typically do not need to provide notice for non-renewal, as the lease automatically ends when the term concludes. However, some leases will automatically convert to month-to-month agreements.

That said, it’s always wise for tenants to thoroughly review the lease agreement (and local landlord-tenant laws) to understand the notice requirements specific to their situation.

A 30-day notice to the landlord should include the date a tenant wishes to move out officially, details of any outstanding fees or back rent payments, and any additional information that could assist the process.

Additionally, it’s wise for landlords to draft their leases in a way that specifies how much notice both they and their tenants should give. Even though state law dictates these details, maintaining clarity and transparency about the expectations for ending a lease is a good practice.

State-Specific Notice Requirements for Landlords

Most states require you to give tenants a 30-day notice to move out, but always check your local laws as notice periods may be longer. You should write the notice to avoid confusion or miscommunication, and tenants must vacate the property by the end of the 30-day period.

However, some states have different time periods based on their landlord-tenant laws. For instance, California requires you to give 60 days’ notice if the tenant has lived in the unit for more than one year, Colorado requires a 90-day notice period, and Florida requires only 15 days’ notice.

Additionally, some states opt to establish different guidelines for landlords and tenants. For example, Maryland tenants must give their landlord a 30-day notice, but Maryland landlords must make it 60 days.

Here are some examples of laws regarding notice for lease termination:

• California mandates 60 days’ notice if a tenant has occupied the unit for more than one year, while a 30-day notice is adequate for tenancies lasting under a year. Depending on the jurisdiction, you may also need to provide a valid reason for terminating the tenancy.
• New York’s notice periods also depend on how long the tenant has been in the unit. Depending on the property’s location and the length of the tenancy, you may be required to give up to 90 days’ notice to terminate the lease.
• Oregon’s laws can be somewhat complex, as you may need to provide up to 90 days’ notice before terminating a tenancy, and only for just cause.
• Massachusetts requires you and your tenants to provide full notice for the “rental period,” usually 30 days. This period may vary in length depending on the specific dates of the rental agreement.

Landlord-tenant law significantly impacts how notice periods function. Understanding and adhering to your local regulations is essential to prevent any long-term complications or issues.

What happens if a tenant doesn’t provide a 30-day notice?

Sometimes, a tenant leaves a property before the lease term ends or without providing proper notice that they intend to end their tenancy. When this happens, they’ve effectively breached the rental contract, and you can hold them accountable for the legal and financial consequences of their actions.

When a tenant leaves without providing a 30-day notice, you may be able to:

• Continue charging for unpaid rent. In most places, tenants are still responsible for the unpaid rent left on the lease term until you can find a new tenant. Landlord-tenant law calls this a “duty to mitigate.”
• Deduct from the security deposit. Most states allow you to deduct funds from the security deposit for unpaid rent.
• Pursue legal action. If the tenant skips out without paying or ends the lease improperly, you can take them to small claims court or file a lawsuit to recover the lost funds.

Best Ways to Receive and Track a 30-Day Notice

Since a 30-day notice is a legal document, keeping proper records is critical for landlords and tenants. There are a few best practices for a tenant to submit a 30-day notice:

• Email: Likely the most convenient method to deliver a 30-day notice, but it’s not easy to confirm receipt without direct acknowledgment from the landlord. If a tenant chooses this method, the lease should list it as an acceptable form of communication.
• Sending a physical letter requires more effort but effectively gives the landlord a 30-day notice. Use Certified Mail to ensure delivery confirmation and establish a paper trail.
• In-person delivery: Delivering the 30-day notice in person is another good way to confirm that the landlord received the notice.

Check your local and/or state laws for required delivery methods.

How Landlords Should Acknowledge a Tenant’s Notice

Once you’ve received a 30-day notice to move out from the tenant, it’s important to respond in writing to confirm receipt of the notice and maintain solid communication throughout the move-out process.

You should consider including the following details in your response to the 30-day notice:

• Direct confirmation that you’ve received the 30-day notice.
• The tenant’s official move-out date (or the date where the month-to-month lease will officially terminate based on the date of the notice).
• Any move-out instructions that the tenant should know, including how to return keys or expectations for the physical condition of the property.

Handling Tenants Who Move Out Without Proper Notice

It’s frustrating, but sometimes, tenants move out without providing a proper 30-day notice to vacate. Luckily, there are some things you can do in this situation, including legal options to explore.

1. Document everything. Take pictures of the property, any belongings left behind, and the physical condition of the rental unit.
2. Review the lease. Highlight any relevant information about the lease termination or what happens if the tenant breaks the lease.
3. Contact the tenant. Attempt to contact the tenant and try to recover any lost rent payments. Consider negotiating with the tenant and finding a solution that works for everyone.
4. Deduct funds from the security deposit. If state law allows it, you can use funds from the security deposit for unpaid rent or to repair unit damage.
5. Consider legal action. Consider filing a suit in small claims court or starting a lawsuit if necessary.

You should review local landlord-tenant laws to ensure you handle any abandoned property legally and understand whether or not you have a duty to re-rent the unit as soon as possible.

What happens if a tenant doesn’t leave after the 30-day notice period is up?

While perhaps unlikely, there’s always a chance that a tenant will decide to stay at the property after the 30-day notice period expires. It can be frustrating and potentially complicated, but it doesn’t have to be the end of the world.

1. Communicate with your tenant. Before taking legal action, connect with your tenant to understand why they haven’t vacated. It’s possible that an extension could be all they need, or it might be something more significant. You’ll never know until you take that step.
2. Issue a formal Notice to Quit. For the most part, the first stage of the eviction process is to issue a formal Notice to Quit. This signals to the tenant that there could be legal action if they do not vacate according to the time frame listed on the notice, which varies from state to state.
3. Begin the eviction process. If the tenant still refuses to leave the property after the Notice to Quit, your next step is to start a formal and legal eviction. Each state or city has its own way of handling evictions, so make sure you follow the law and document everything along the way.
4. Seek legal assistance. It’s possible that the situation could grow more complex once the eviction process has started, and finding some professional help might be required. Don’t hesitate to bring in additional resources if you need them. Consider EZ Evict USA to streamline the process.
5. Avoid self-help evictions. Removing a tenant on your own is never legal; self-help evictions are illegal in most states. Follow the legal process to avoid lengthy complications that could significantly impact your bottom line or lead to further legal challenges down the road.

What happens to rent payments after a 30-day notice?

Once a tenant gives a 30-day notice to you, the clock for them to vacate officially begins. While you can negotiate the specific end date, there is no requirement to discount rent payment or absolve the tenant of their commitment to pay rent through the end of their stay.

Tenants are responsible for the full amount of rent through the last day of the term, even if they physically leave the property before the 30 days are up. If you decide to fill the unit as soon as the tenant has left, even before the end of the 30-day window, you can release the previous tenant from any further rent commitment.

You have a few options if a tenant asks to leave earlier than 30 days. Some landlords choose to prorate the rent, and others opt for a reduced amount in exchange for the early departure. You should fully document any changes to rent obligations in writing to prevent misunderstandings.

Preparing for a Tenant Move-Out Inspection

When the tenant is about to leave the rental unit once the 30-day notice period has expired, a move-out inspection allows you to document the condition of the property to avoid disputes over the security deposit or any further action required due to actions committed by the tenant.

The process for conducting a thorough move-out inspection could go something like this:

• Schedule the inspection with the tenant just before the move-out date. Inspect the property as close to the day the tenant leaves as possible. Solid timing gives them time for final cleaning and allows you to view the property as it will likely look once the tenant has gone.
• Check for damages beyond normal wear and tear. If you used one, refer to the move-in checklist from when the tenant first signed their lease and compare the current state of the unit to that original list. Review any photographs or other information you might have regarding the unit’s original condition from the start of the lease term.
• Take photos and videos. Similar to what you may have done when the tenant moved in, document the unit with photos and videos for your records to address any disputes that may arise after the tenant has left.
• Discuss the findings with the tenant. If possible, go over the results of your review to address any questions and avoid any surprises.
• Deduct from the security deposit if necessary. If there is damage beyond normal wear and tear (and if your state permits), determine how much you can deduct from the security deposit to restore the rental unit as close to its original condition as possible. Most states that allow you to do this require you to provide an itemized list of the deductions to the tenant when you return the remaining deposit portion. There will be more on that below.
• Collect keys from the tenant. The last step will be to ensure you have the keys to the unit back from the tenant, even if you plan to change the locks after they’ve gone.

How to Handle Security Deposit Refunds and Deductions

One of the most common disputes between landlords and tenants is regarding the return of the security deposit. Proper deposit handling can help prevent misunderstandings, conflicts, and legal complications. The landlord-tenant laws of each state strictly govern security deposit handling return procedures and timing.

Depending on the state, security deposits must be returned to the tenant per local laws, usually within 2 to 4 weeks. Failing to comply with these rules can invite legal and civil penalties brought by the tenant.

The majority of states in the U.S. allow you to deduct funds from the deposit for a few reasons, including:

• Unpaid rent,
• Damage to the unit beyond normal wear and tear,
• Cleaning costs,
• And other unpaid fees.

To justify the deductions, document everything as thoroughly as possible, including taking photos and videos and creating an itemized list of the deductions to provide to the tenant when you return the rest of the funds.

Ensure you follow the guidelines in your area and maintain open lines of communication with your tenant to avoid any disputes throughout the process. When in doubt, be transparent about any deductions to minimize conflict.

What if a tenant asks for a lease extension?

Situations can change, and a tenant may look to extend their lease beyond the original move-out date you agreed on. While an extension can be beneficial or frustrating, depending on the situation, handling it properly and acting as needed for your investment is essential.

Consider factors such as market conditions, upcoming maintenance, and your long-term leasing strategy before agreeing to or denying the extension. If you decide to extend the tenant’s move-out date, draft new terms into the lease agreement with a lease addendum with specific language about the extension and have both parties sign it.

When modifying the original lease agreement’s terms, you must set clear terms with defined expectations for all parties. If the extension is only for a short while, you may charge a different amount.

For longer-term extensions, a brand new lease makes the most sense. Regardless, carefully assess the request and document all new terms to cover yourself and your tenant.

Final Steps for Landlords After a Tenant Moves Out

Now that you’ve conducted your move-out inspection and the tenant has left the property, it’s time to transition the unit to a new tenant.

• Update your lease agreement. When starting a new rental contract, looking at your process is never a bad idea. It could begin by reviewing previous leases and identifying areas that need adjustment for future tenants. Property management software like TurboTenant gives you access to state-specific lease agreements that can be modified quickly and signed digitally for quick turnarounds.
• Change locks and check security features. Though not necessary, some landlords may choose to change the locks once the previous tenant has left to maintain a high level of security.
• Deep clean the unit. Schedule a professional cleaning, or do a detailed cleaning yourself. Focus on carpets, walls, appliances, fixtures, and common areas to ensure the unit is in pristine condition and is move-in ready.
• Make repairs and complete maintenance projects. Keeping the unit in peak condition ensures a long life for your rental investment and will make the new tenant thrilled at their choice. TurboTenant has a fully-featured maintenance and repair tracker that can make maintenance a breeze..
• Re-list the unit. Now that your property looks great, it’s time to find new tenants. TurboTenant can not only help you find new tenants by syndicating your listing across all of the biggest rental listing websites but can also be your new rent collection tool when your new renters move in.

Wrapping Up 30-Day Notices

30-day notices don’t have to be a headache. By staying organized, following local laws and guidelines, and fostering open lines of communication between you and your tenant, the entire process, from the moment the 30-day notice is issued, can be a smooth and worry-free experience.

And you don’t have to do it alone. With landlord software like TurboTenant lets you simplify every step of the process. Rental accounting tools, tenant communications, and online rent collection make handling the next steps following a 30-day notice easier than ever before.

Common Landlord Questions About 30-Day Notices