Can a 30-day written notice be given in middle of month to move in middle of the next month?

UPDATED: Sep 18, 2011

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Can a 30-day written notice be given in middle of month to move in middle of the next month?

I called my landlord on the 16th to see if she was home to accept my 30 day notice letter. She was out of town but she told me I would have to pay for all of next month not just until the 19th as in the letter. Also she said that the notice wouldn’t be valid because she only accepts written notice and I would have to wait until next week when she is home. Am I still responsible for next months rent if I give a full 30 day notice? Also if she is not there to accept it is there another way to deliver notice that she has to accept?

Asked on September 18, 2011 under Real Estate Law, Nebraska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In all states in this country, the thirty (30) day notice neeeded to terminate a tenancy if applicable under the given circumstamces runs from the date the notice is dated, sent and received by the recipient.

Meaning if your landlord received your thirty (30) day notice to terminate your tenancy of the rent al that you have with her on September 16, 2011, the required time started running on that date where your last day of occupancy of the unit would be October 15, 2011.

If the landlord is not present to accept the notice personally, you can mail the notice where the additional time under the notice is typically extended another five (5) days for the mailing if the residence of the landlord is in the state where you reside. Another option is to hand deliver the notice and place it taped to her door at the place she lives.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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