Legal Definitions - 30-day notice

A 30-day notice is a formal written communication, most commonly issued by a landlord to a tenant, concerning a month-to-month or periodic rental agreement. Its primary purpose is to either terminate the tenancy or modify the terms of the lease, such as increasing the rent. This notice provides the recipient with at least 30 days' advance warning before the proposed change or termination takes effect.

It's crucial to understand that a 30-day notice is distinct from an eviction. An eviction typically occurs when a tenant has violated the lease agreement (e.g., by not paying rent or damaging the property) and the landlord seeks to remove them through legal proceedings. In contrast, a 30-day notice is generally used for no-fault terminations or changes to an ongoing, valid lease, particularly those without a fixed end date. It usually does not apply to fixed-term leases unless there's a specific clause allowing for early termination under certain conditions, or if the tenant has breached the agreement.

Here are a few examples illustrating how a 30-day notice might be used:

• Scenario 1: Landlord Terminates a Month-to-Month Lease

  Ms. Chen owns a small apartment building. One of her units is rented to Mr. Davis on a month-to-month agreement. Ms. Chen decides she wants to renovate the unit extensively and then move into it herself. Since Mr. Davis is on a periodic lease, Ms. Chen cannot simply ask him to leave immediately.

  Illustration: Ms. Chen provides Mr. Davis with a formal 30-day notice stating her intention to terminate his tenancy. This notice gives Mr. Davis a full month to find new housing and move out before the lease officially ends, without him being "evicted" for any wrongdoing. After 30 days, Mr. Davis is expected to vacate the property.

• Scenario 2: Landlord Changes Lease Terms (Rent Increase)

  Mr. Henderson rents a studio apartment from ABC Properties on a periodic (month-to-month) lease. Due to increasing operational costs and property taxes, ABC Properties decides to raise the rent for all its month-to-month tenants.

  Illustration: ABC Properties sends Mr. Henderson a 30-day notice informing him that his monthly rent will increase by a specific amount, effective 30 days from the date of the notice. This allows Mr. Henderson to either accept the new rent terms and continue his tenancy or decide to move out before the new, higher rent takes effect, giving him adequate time to make alternative arrangements.