Notice to Vacate - Is 30 days enough?

Question

Just closed on duplex #1!  Inherited renter needs to go, but the existing lease doesn't length of time for a notice to vacate.  What is best practice?  Is 30 days sufficient?

Thanks in advance for any input!

Greg H. · Answer

This is very very state and lease specific.

What state is the property located?

Is the lease month to month?  If not, terminating a lease for anything other than non-payment is very difficult in most jurisdictions

Ryan Bradley · Answer

30-60 days is what I generally see here in Texas (for tenants in good standing).

IF you are evicting the tenant (due to non-payment, disturbance, etc...) your state SHOULD have laws on the books. Here is an example for Texas (which indicates 3days as the eviction period, plus more if they contest it).

https://www.evictionshield.com/eviction-process

Hope this helps. Good luck :)
- Ryan Bradley @ MLSMagics.com

Michael Leeson · Answer

@Ryan Bradley

Thank you! No non-compliance issues from tenant.

Anthony Wick · Answer

@Michael Leeson. I see your question has already been answered, so let me ask you a question. If you wanted her gone, why didn't you have the seller give her notice and close with the place empty? I've done that numerous times. Much easier for buyer.

Greg H. · Answer

A quick search indicates 28 days are required to end a month to month lease.  There is a provision for 14 days for non-compliance but you might cause yourself more time and effort than just going with the extra 2 weeks

https://www.avail.co/education/laws/wisconsin-landlord-tenant-law#:~:text=For%20a%20month%2Dto%2Dmonth,to%20provide%2014%20days'%20notice.

Michael Leeson · Answer

@Greg H.Thanks for the response.

I'm in Wisconsin.  I inherited a tenant who is on a month to month lease. No problems - just asking her to move on. No terms are stated in the existing lease. Can I give her a month?

Jerel Ehlert · Answer

If you are going to be a landlord in Texas, read the Property Code.

CHAPTER 24. FORCIBLE ENTRY AND DETAINER

CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS

CHAPTER 92. RESIDENTIAL TENANCIES

Do not rely on what others say without verifying for yourself.

Notice to Vacate - Is 30 days enough?

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