30-DAY NOTICE TO TERMINATE TENANCY
To: ______________________________________ Address Of Premises:_________________________
Date: ____________________________________ ____________________________________________
Notice is hereby given that you are required, within thirty (30) days, to move from and deliver up possession of the above-referenced premises.
This notice is intended for the purpose of terminating the Lease/Rental Agreement by which you now hold possession of the above-described premises, and should you fail to comply, legal proceedings will be instituted against you to recover possession, to declare said Rental Agreement forfeited, and to recover rents and damages for the period of unlawful detention.
Please be advised that rent on said premises is due and payable up to and including the date of termination of your tenancy under this notice.
_________________________________________
Landlord/Managing Agent
_________________________________________________________________________________________
STATE OF _________________
} S.S. AFFIDAVIT OF SERVICE – When served by a
COUNTY OF________________ person not an officer
______________________________, being duly sworn, on oath deposes and says that on the _________day of (mo.) __________, (yr.) _________ he/she served the within notice on the tenant named therein, as follows:*
___ (1) by delivering a copy thereof to the within named tenant, ______________________.
___ (2) by delivering a copy thereof to ________________________, a person above the
age of ten years, residing in or in charge of the within described premises.
___ (3) by sending a copy thereof to said tenant by** (certified, registered) mail, return
receipt requested.
___ (4) by posting a copy thereof on the main door of the within described premises, no one
being in actual possession thereof.
* Check off all applicable paragraphs. ______________________________
** Strike out word not applicable. Signature of Notice Server
Subscribed and sworn to before me this ______ day of (mo.) _______________, (yr.) ______
(Seal)
______________________________
Notary Public
Frequently Asked Questions
What is a 30-day notice to terminate tenancy?
A 30-day notice to terminate tenancy is a formal written notice given by a landlord or managing agent to a tenant, requiring the tenant to move out and deliver possession of the premises within thirty days. It is intended to terminate the lease or rental agreement under which the tenant holds possession. If the tenant fails to comply, legal proceedings may be instituted to recover possession, declare the rental agreement forfeited, and recover rents and damages for unlawful detention.
Who can issue a 30-day notice to terminate tenancy?
The notice is issued by the landlord or managing agent, as indicated by the signature line in the document. It is given to the tenant named in the notice. The notice must be addressed to the tenant and specify the premises.
What information must be included in a 30-day notice to terminate tenancy?
The notice must include the name of the tenant, the address of the premises, the date of the notice, and a statement that the tenant is required to move out within thirty days. It should also state the purpose of terminating the lease or rental agreement and warn of legal action if the tenant fails to comply. Additionally, it should advise that rent is due and payable up to and including the date of termination.
How is a 30-day notice to terminate tenancy served?
The article includes an Affidavit of Service section for when the notice is served by a person who is not an officer. This suggests that service can be made by a non-officer, and the affidavit is used to document the service. The specific methods of service are not detailed in the provided text.
What happens if a tenant does not comply with a 30-day notice to terminate tenancy?
If the tenant fails to comply, legal proceedings will be instituted against them to recover possession of the premises, to declare the rental agreement forfeited, and to recover rents and damages for the period of unlawful detention. The notice explicitly states this consequence. Therefore, non-compliance can lead to a lawsuit.
Is rent still owed after receiving a 30-day notice to terminate tenancy?
Yes, the notice advises that rent on the premises is due and payable up to and including the date of termination of the tenancy under the notice. This means the tenant is responsible for paying rent until the tenancy ends. The notice does not waive any rent obligations.
What is the purpose of a 30-day notice to terminate tenancy?
The purpose is to terminate the lease or rental agreement by which the tenant holds possession of the premises. It requires the tenant to move out within thirty days. It is a formal step that can lead to legal action if not complied with.
Does a 30-day notice to terminate tenancy need to be notarized?
The article includes an Affidavit of Service section with a jurat (State of ____, County of ____, S.S.), which suggests that the affidavit may need to be sworn or affirmed before a notary or other authorized officer. However, the notice itself does not explicitly require notarization. The affidavit is specifically for when service is made by a person who is not an officer.
Can a landlord recover damages after a 30-day notice to terminate tenancy?
Yes, if the tenant fails to comply, legal proceedings may be instituted to recover rents and damages for the period of unlawful detention. The notice states that the landlord may seek to recover possession, declare the rental agreement forfeited, and recover rents and damages. Therefore, damages are a possible outcome.
What should a tenant do upon receiving a 30-day notice to terminate tenancy?
The tenant is required to move from and deliver up possession of the premises within thirty days. They should also ensure that rent is paid up to and including the date of termination. If they fail to comply, legal proceedings may be instituted against them.
