Written by attorney Thomas O. Moens

How the Heck Does a Thirty Day Notice Work, Anyway?

If you have a written lease, the terms of that lease control. If you have not violated the terms of the lease, and you have paid your rent on time, your landlord cannot simply kick you out of the property for no reason prior to the expiration of the lease (unless the lease says he can, and yes, I have seen a couple of leases that say that).

If you do not have a written lease, or if your written lease has expired, the landlord likely has the right to give you thirty days' notice to vacate the property. That thirty days has to include an entire rental period. So for example, if paid your rent on the due date of June 01, and the landlord did not give you notice until June 03, you would have until July 31 to leave. If under those same facts, the landlord gave you proper notice on May 30, you would have until June 30 to leave. If you did not leave by the specified date, the landlord would have the right to begin an eviction proceeding against you.

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