Decoding the Month’s Notice Requirement in Rental Agreements

Question

What is a ‘month’s notice’ requirement?

Answer

Many rental agreements include a month’s notice clause that tenants must meet before ending a lease. This requirement means you need to inform your landlord in writing at least one full rental period in advance—typically 30 days—before moving out or switching to a new lease term.

Here’s how the month’s notice requirement usually works:

Timing: Notice must arrive on or before the rent due date. For a lease beginning on the 1st of each month, you’d submit notice by the first day of the prior month to vacate at the following month’s end.
Formality: Most states require written notice—email may count only if your lease allows it. Always keep a dated copy or request a signed acknowledgment.
Lease types:
- Fixed-term leases (e.g., one year) often convert to month-to-month after the initial term; the notice rule applies once on month-to-month.
- Month-to-month agreements automatically renew each period until you give a month’s notice.
State variations: Some jurisdictions (like California and New York) mandate 30 days’ notice for tenants in small units and 60 days’ notice if you’ve rented more than one year. Check your state’s landlord-tenant statutes.

Failing to provide proper notice can trigger:

**Additional rent**: You may owe for another full month.
**Security deposit deductions**: Landlords sometimes offset unpaid rent against your deposit.
**Lease penalties**: Late or improper notice can lead to fees under your lease terms.

To protect yourself:

Review your lease for exact wording on notice timing and delivery method.
Send notice early—ideally via certified mail or hand delivery with a receipt.
Confirm acceptance in writing so there’s no dispute over when notice was given.

Understanding your lease’s month’s notice requirement helps you plan moves smoothly and avoid unexpected charges. Before finalizing any notice, it’s advisable to consult a licensed attorney or local real estate professional to ensure you meet all legal and contractual obligations.