Is There a Penalty for Not Giving 30-Day Notice?

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Is There a Penalty for Not Giving 30-Day Notice?

Staff Writer · Dec 11, 2009

For virtually every leasing contract, you will be required to provide a 30 day notice to your landlord, notifying them of your intent to move out. Without proper notification, you may be placing yourself and all other residents on your lease in jeopardy of costly penalties or fees.

The Purpose of a 30 Day Notice

The overall purpose of your leasing contract is to both protect the resident and landlord on relatively equal footing. Along with laws governing the legalities of your lease, it has also set forth the term length, and how your lease is to be terminated. Typically, this will require you to formally announce your intent to end your lease at the agreed date. However, every lease may have slightly different language, and if your agreement is confusing or unclear, make sure to ask the apartment manager or landlord.

Give the Notice at Least 30 Days before Leaving

Although most leases require a 30 day notice, make sure to speak directly to your landlord to make sure this is accurate. And, make sure it is submitted a full 30 days in advance. Should your office be closed on the 1st of the month, due to a holiday or other, your notice may be considered late. Get your letter in early, and go over it with your landlord present. Ask for him to sign and approve your copy so that you can keep an accurate record, assuring you that no surprises occur, and that you have fulfilled your obligation completely.

Check Lease for Penalties

Even if your lease is scheduled to expire on a specific date, you most likely are still obliged to submit your formal notification. Give yourself plenty of time in reading your lease and understanding what penalties may be incurred should you fail to provide notice on schedule. A loss of security deposit, administrative fees or automatic lease renewal may be a few of the penalties you can expect if you do not fully follow the rules as set forth in the lease agreement. If you do miss your deadline, make certain to immediately contact your landlord and ask to be released from further obligations and that all fees be waived or reduced.

If you have lost your lease, or are in any situation which limits your access to find whether written notice is required, err on the safe side and submit some type of notice right away. Even a hand written letter should be fine in advising management of your intent to move. Also, make sure to make a copy of the notice for your records, and either hand deliver it to your landlord, or send via certified mail. Should your management misplace your letter or claim you did not deliver it may cause you to be held responsible for additional fees or penalties.

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