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Re: 30 day notice to vacate
Posted by Frankie on 6/24/08

    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

     
     

 
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