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mm92280 | Giving 30 Days Notice Landlord: Count Day of Notice? |
If I gave my landlord a notice dated yesterday (Dec. 12th), do I count Dec. 12th as day 1 of my notice or does day 1 of my notice officially start on Dec. 13th? I have to give her 30 days notice and I'm trying to mathematically figure when it actually starts. Thanks a bunch!
Additional Details
Legend, that wasn't the question. The question is simply in a 30 day notice do you count the date on the notice (Dec. 12th) as day 1 of the notice or do you count the next day (Dec 13th) as the next day of the notice. |
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Legend
|
It depends on when your lease starts. If it begins on the first of the month, you have to pay up through January 31, 2008. |
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acermill
|
Your thirty day notice starts on January 1. It's a common misconception that it's an actual thirty day notice, when in actuality it's thirty days notice from any specific rent due date, assuming your rent is due on the first. Rental agreements go by the MONTH, not by the DAY.
Did you forget to check the Mississippi statute I cited for you ? You can play games all you like with this landlord, but you will NOT win if she elects to take you to court. The court will recognize the effective date of your notice as January 1. |
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MLaw
 |
It depends on the laws of your state, the name of which you did not post. In mine (FL) & most you do NOT count the date of the notice. |
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The Drew
|
You would be responsible up until January 10th. That would be the final day you would be financially responsible for the rent. |
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Classy Granny
 |
Unless you handed theee notice to him at midnight on the 11th when the 12 actually started it will be the 13th. Some landlords get real picky counting down to the last hour, others won't care if it's just a day difference |
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Iloveshane
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i think its the day she actually gets in always give yourself extra time like 5 or 6 weeks before you need to move and tell her the date you are moving out... |
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Weimaraner Mom
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if you're giving 30 days notice to vacate then it would be the day you give them the letter, basically the next day, Dec 13th. |
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Trouble
 |
Acer mentioned Mississippi and pointed you to the statutes.
If your state laws require a 30 day/ full calendar month notice, then your notice is effective January 1 and you are liable for rent through January 31. Your landlord has no obligation to prorate the rent.
You could have given the notice on December 2nd, 12th or 31st, as the notice does not go into effect until the 31st. |
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Deliah
|
starts on the 13th because you did not give a full day on the 12th |
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julietjaquith
|
The 13th. |
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reenzz
 |
Before you give notice, check with your landlord or local laws to see if your even allowed to give notice mid month. Most states require you give notice for one full rental period. So say your rent is due on the 1st...then you would need to give notice on or before the 30th and pay rent for the next full month. If your landlord accepted notice dated for the 12th...then your last day allowed on the premesis would be the full day of the 12th of January. |
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