We have tenants who are on a month to month oral agreement, and we plan to terminate their tenancy. They pay rent on the 5th of the month (long time tenants, we have always accepted this and consider the 5th as on time). My question is two fold:
1.) Can I hand them the order (as well as send it through receipt upon delivery registered mail) as soon as I get this month's rent and hand them the receipt along with the 30 day notice? (That way they have paid this month's rent in full and come next month they are gone)
2. I am stating in the order that their tenancy is over on the 6th of October and that they must vacate by November 7th. Is this right or must it be dated that their tenancy ends November 6th and must vacate at that date?
3.) Is if this draft sufficient: (I tried to emulate other examples)
To: person 1, person 2, person 3, and all other occupants in possession of apartment at
Some Address 1st floor
Midwest City, Zip-code
You are hereby notified that your month to month tenancy at Some Address 1st floor
Midwest City, Zip-code will be terminated on October 6th 2010, and you must vacate the premises by November 7th 2010. Your security deposit will be returned to you within 7 days after you have vacated and any necessary repairs have been made to the premises. If you fail to do so legal proceedings will be instituted against you for possession of the premises.
Date October 5th
Land Lord Signature
This may seem like a trivial question but I am unexperienced in these things and would greatly appreciate any clarifications or correct me if I am wrong in something.How to properly serve a 30 day notice to quit?
The termination date and and the vacate date are the same, both in November. You must serve it in person at least 30 days prior to the rental termination date. This date does NOT have to be on the rent payment anniversary date, but can be served anytime within the month. I do not know the State your property is located in, as there are minor differences in the requirements of a 30 day notice to vacate.
Your draft looks OK, but you are actually better off if you use a pre-printed form specific to your state. I am attaching some websites who offer that forms or specific advice on how to complete it, but some probably charge $10-$15 for that service. Here you go:
http://www.ehow.com/how_5103206_write-re鈥?/a>
http://www.propertydo.com/30-day-notice-鈥?/a>
http://www.lawdepot.com/contracts/notice鈥?/a>
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