What does 30-days notice mean on a month-to-month agreement?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What does 30-days notice mean on a month-to-month agreement?

After a non-renewed 1 year written lease we are now month-to-month; rent due on the 1st. Tenant gave “30 days notice” via phone on the 12th, not on or by the 1st. Am I correct in telling her that she is responsible for next month’s rent which would be the actual 30 days? And she must give me notice in writing?

Asked on December 12, 2011 under Real Estate Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A 30 day notice of termination of a tenancy with respect to the month-to-month lease that you are writing about means that as of the date the tenant dates the notice of termination, he or she will have 30 days remaining on the lease.

Meaning, the following month's rent will most likely have to be pro-rated if you did not receive the notice on the first of the month. Most statutes require that the 30 day notice to terminate one's lease must be in writing. From what you have written, the notice of 30 days given orally is not effective. It has to be in writing.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption