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Updated about 5 years ago on . Most recent reply

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Mindy Jensen
  • BiggerPockets Money Podcast Host
  • Longmont, CO
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Semantics? February has 28/29 days. How does 30 Day Notice work?

Mindy Jensen
  • BiggerPockets Money Podcast Host
  • Longmont, CO
ModeratorPosted

A question about a 30 Day Notice for a Month to Month tenancy brought up a question. This year, February has 29 days, but 75% of the time only has 28 days. Does a 30-Day notice on January 31 mean tenancy ends at the end of February, or are you obligated to wait until the end of March due to the calendar?

Obviously you can just plan ahead to make sure you're giving 30 actual days notice, but I'm wondering if, in some of the more tenant-friendly states, this messes you up?

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Jacob Humiston
  • Rental Property Investor
  • Charleston, SC
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Jacob Humiston
  • Rental Property Investor
  • Charleston, SC
Replied

I believe a 30 day notice is a "Month's notice". However I can see all tenants arguing 30 calendar days, to benefit themselves and it would be hard to defend. I would say your best bet is to stick to an actual "30 calendar" day notice, and to specify that in your lease agreements. I'm using my experience from gov contracting and have 0 experience in real estate investing...yet. 

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