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Legal Definitions - Thirty-day notice
Definition of Thirty-day notice
A Thirty-day notice is a formal written communication from a landlord to a tenant, informing them that their tenancy will end in 30 days and they must vacate the property. This type of notice is typically used for month-to-month tenancies or when a tenant remains in a property after their lease has expired without a new agreement (known as a "holdover" tenant). A key characteristic of a thirty-day notice is that the landlord generally does not need to provide a specific reason for ending the tenancy, and it is not typically issued due to a tenant's failure to pay rent or violation of lease terms. If the tenant does not move out within the 30-day period, the landlord may then initiate legal proceedings, such as an unlawful detainer lawsuit, to formally evict them. It's important to note that the specific requirements and applicability of a thirty-day notice can vary significantly based on state and local laws, including rent control ordinances.
Example 1: Landlord Selling Property
Ms. Chen owns a duplex, and her tenant, Mr. Davies, has been renting one unit on a month-to-month basis for two years after his initial one-year lease expired. Ms. Chen decides she wants to sell the entire property and needs it to be vacant for the sale. She issues Mr. Davies a Thirty-day notice.This illustrates the term because Ms. Chen is providing formal written notice to a month-to-month tenant, requiring him to vacate the premises within 30 days. She does not need to state her reason for selling the property in the notice, as it's a no-fault termination for a month-to-month tenancy.
Example 2: Holdover Tenant After Lease Expiration
Mr. Rodriguez rented an apartment from ABC Properties on a one-year lease. The lease term ended six months ago, and while he hasn't signed a new lease, he continues to pay rent monthly, and ABC Properties accepts it. This creates a "holdover" tenancy, which is often treated as a month-to-month arrangement. ABC Properties now wants to renovate the unit extensively and needs it to be empty.ABC Properties serves Mr. Rodriguez with a Thirty-day notice. This notice formally ends his month-to-month holdover tenancy, requiring him to vacate the premises within 30 days. The notice isn't based on any fault of Mr. Rodriguez, such as late rent or property damage, but simply on the landlord's decision to terminate the tenancy for their own purposes.
Example 3: Landlord Needs Property for Family Member
Sarah rents a small guesthouse from her landlord, David, under an informal month-to-month agreement. David's elderly mother needs to move closer to him for care, and he decides to convert the guesthouse into a permanent residence for her.David provides Sarah with a Thirty-day notice. This notice legally informs Sarah that her month-to-month tenancy is ending and she must vacate the guesthouse within 30 days. David is not accusing Sarah of any wrongdoing; he is simply exercising his right as a landlord to terminate a month-to-month agreement for his own personal use of the property, which is a common reason for issuing such a notice.
Simple Definition
A thirty-day notice is a formal written request from a landlord to a tenant, usually on a month-to-month or holdover tenancy, to vacate the property within 30 days. This notice does not require a specific reason and is not based on a failure to pay rent. If the tenant does not leave, it can serve as the basis for an eviction lawsuit, though specific requirements can vary by jurisdiction.