A 30-Day notice is usually used by a landlord to terminate or change a month-to-month lease or a periodic lease. A 30-day notice does not apply to fixed-term leases, as these types of leases impose an obligation upon landlords to comply with the lease for the entirety of the agreed term. However, this is subject to a few exceptions such as in cases where tenants have not paid rent or have consistently breached the terms of the agreement.
It is important to distinguish a 30-day notice with an eviction. The landlord who provides for a 30 day notice is not evicting his tenant. Instead, the landlord may simply want to amend some terms of the lease, or wishes to terminate the lease- in which case this must be made known to the tenant at least 30 days before the notice takes effect.
The rules on 30-day notices vary from state to state, with some states having adopted a much lesser notice requirement.
For Month-to-Month leases:
Some States that require Landlords to provide for a 30-Day notice include:
- Arizona (Ariz. Rev. Stat. Ann. §§ 33-1342, 33-1375)
- Arkansas (Ark. Code Ann. § 18-17-704)
- Illinois (735 Ill. Comp. Stat. § 5/9-207)
- Kansas (Kan. Stat. Ann. §§ 58-2556, 58-2570)
Other States, that require Landlords to provide more than a 30-day notice include:
- Delaware ( Del.Code Ann. tit. 25, §§ 5106, 5107): 60 days
- Hawaii (Haw. Rev. Stat. §§ 521-71, 521-21(d)): 45 days
Other States that permit Landlords to provide less than a 30-day notice - depending on the length of tenancy:
- Florida (Fla. Stat. § 83.57)
- Louisiana (La. Civ. Code art. 2728)
- North Carolina (N.C. Gen. Stat. § 42-14)
[Last updated in February of 2022 by the Wex Definitions Team]