Can I give a notice to vacate for a month to month lease on 7/6?

Question

Or do I have to wait until the end of the month? I'm just tired of this guy. He's rude to everyone, including me, and now I was told he's smoking pot in the building an others can smell it. Do I have to wait until July 31st to give him a notice to vacate or can I do it tomorrow to vacate on/by Aug. 5th? I'm thinking I can't but I thought I'd ask. I'm in MN and he's on a month to month lease. Thanks!

Wesley W. · Answer

It really depends on your local L/T laws as well as what it says in your lease.  No one on here can really give you any informed advice without that specific information.

In my jurisdiction, the law reads:

A month-to-month tenancy may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30.

My lease reiterates this.  If you had a rental where I am, if you gave notice today, the soonest they would have to be out by would be August 31.

Good luck!

Amber Gonion · Answer

Others are correct on the Aug 31st move out.   You can however let him know and ask him to leave given the pot smoking.  You likely wouldn't be able get him out before August 1st anyway, use the time to market and show the unit for your next renter.  You really do not want tenants that don't plan ahead more than 30 days anyway, they tend to be problems.

Nathan Platter · Answer

@John Woodrich nailed it.

In Minnesota, the number of days from a tenant vacating a property is between 30-60.

Whether you give the tenant notice July 1,2,3,...31, the tenant can remain in the property up to (and through) August 31st, but must be gone by September 1st.

John Woodrich · Answer

@Jennifer Rysdam unless your lease stipulates otherwise you have to give them one full rental period notice.  Which in a M2M lease is one month.  One rental period is not defined by the number of days in MN.

The exact language is under MN Statute 504B.135 subpart A that states (a) A tenancy at will may be terminated by either party by giving notice in writing. The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.

This may be easier to ready by looking at the MN AG Landlord tenant handbook page 23 https://www.ag.state.mn.us/brochures/pubLandlordTe...

So the earliest you can get them out is by the end of August.  You can give them notice anytime between now and July 31 but you will not have occupancy until Sept 1.  I am not sure how you screened this tenant or how long they have been there but I like to give notice well in advance as I want to give them time to find a new place and I think I get a better chance at getting a cleaned out unit.

Thomas S. · Answer

Check your state landlord tenant regulations. Normally when notice is given it is to the end of a rental period (month) not to 30 days after notice. You give notice prior to the end of a pay period to be out by the end of the upcoming rental period (month). Regs vary from state to state but that is how we do it. You should have recieved their LMR before they moved in so there should be no issues.

Nathan Gesner · Answer

The requirement is to give "XX days notice" to vacate. If your state requires 30 days, you just have to notify them their lease will terminate in 30 days. It can be the 30th of the month or the 14th as long as you give them 30 days to prepare.

I normally try to give notice very early in the month, typically right after the tenant pays rent. If you give notice on July 15th that you want them out August 15th, there is a very good chance they will avoid paying the 15 days of August rent.

Account Closed · Answer

Jennifer,

You can give a notice on any day and just count forward thirty days from that point. The notice must end on a business day, not a weekend or holiday.

Lauren Prichard, CEO

Aborn Powers/Aborn Homes

Matt K. · Answer

For Periodic Tenancies

If there is no provision in the lease stating how much advance notice must be given to end the tenancy, the law provides that written notice must be received by the other party at least one full rental period before the last day of the tenancy. This means the day before the last rent payment is due.(132)

For example, if a tenant who pays rent on the first day of each month (in a month-to-month periodic tenancy) wishes to leave at the end of June, the tenant must inform the landlord in writing on or before May 31. This is because May 31 is one day before the June rental period begins. No matter when during June the tenant actually leaves, the tenant is responsible for the entire month’s rent. If the tenant or landlord misses the proper notice deadline—even by a day—the notice is void (no good) and the tenancy continues as if no notice was given.

The effective date of the notice is the date it is received. If the notice is mailed May 31, it will not be received by the other party until at least June 1 and will be ineffective to end the tenancy by June 30. The proper notice provision also applies to the landlord. If the landlord wants to end the tenancy, he or she must give the tenant advance written notice the day before that last rental period begins. If the landlord misses the deadline, the notice is defective and the tenancy is automatically extended for another month. The landlord must provide the tenant a second proper, written notice to vacate the rental property at least one day before the last rental period begins.(133)https://www.ag.state.mn.us/consumer/handbooks/lt/CH3.asp

Jennifer Rysdam · Answer

Thanks for the info everyone. Our state laws publications are just based around notice before 1st of the month. There's nothing stated about doing it at different times of the month. I guess I'll just wait until the end of the month and do it. He's such a pain anyways, I really don't want to do it wrong.

Thanks much!

Johann Jells · Answer

Are you guys sure about that "any 30 days"? It doesn't work like that going the other way, if a tenant gives notice it's from the next pay date. If a tenant paying on the 1st gave notice today his tenancy would be over at the end of August.

Can I give a notice to vacate for a month to month lease on 7/6?

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