What does 30-days notice mean on a month-to-month agreement?

After a non-renewed 1 year written lease we are now month-to-month; rent due on the 1st. Tenant gave “30 days notice” via phone on the 12th, not on or by the 1st. Am I correct in telling her that she is responsible for next month’s rent which would be the actual 30 days? And she must give me notice in writing?

Asked on December 12, 2011 under Real Estate Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A 30 day notice of termination of a tenancy with respect to the month-to-month lease that you are writing about means that as of the date the tenant dates the notice of termination, he or she will have 30 days remaining on the lease.

Meaning, the following month's rent will most likely have to be pro-rated if you did not receive the notice on the first of the month. Most statutes require that the 30 day notice to terminate one's lease must be in writing. From what you have written, the notice of 30 days given orally is not effective. It has to be in writing.


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