Re: 30 day notice to vacate

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On 6/24/08, Don Dango wrote:
> My annual lease expired and I was automatically on a month-
> to-month lease for almost a year now. I gave my landlord
> 30-day notice-to-vacate on April 15 and moved out on May
> 15. The landlord said I have to pay for the whole month
> of May, since the 30-day notice on a month-to-month term
> have to be on the first day of the calendar. I read the
> original annual lease and did not see any indication that
> the notice has to be on the first of the month. All the
> lease said was that I have to give 30 notice. Does the
> landlord have the right to charge me rent for the whole
> month of May?

A month-to-month tenancy is a periodic tenancy. Under
common-law, the 30-day notice must be given at the start of
one of the periods for it to be effective at the end of the
period. I recommend checking the Nevada Landlord/Tenant Act
for any statutory specifics. Assuming your period begins on
the first day of the month, the 30-day notice you gave on
April 15 is effective for May 1 with a move-out date at the
end of the period May 31. Since your lease is silent as to
notice timing, the common-law (or the statute) is applicable;
thus, you must pay for the month of May.

Nevada Landlord Tenant