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Old 03-27-2015, 02:47 PM
 
1 posts, read 1,552 times
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Hi I live in NC and I am trying to end a month to month lease because the home has been bought. I sent a 30 day notice on 03/09/2015 it was delivered on the 11th but was not signed for and was not picked up till the 14th of that same month when does the tenant have to move out?:{note they new the home was up for sale and the purchaser wants to move in buy the 6th of April the tenants rent is due on the 5th of each month with a 5 day grace.}
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Old 03-27-2015, 03:04 PM
 
Location: The Triad (NC)
32,608 posts, read 76,164,611 times
Reputation: 40414
Quote:
Originally Posted by Willibob View Post
I am trying to end a month to month lease because the home has been bought.
they knew the home was up for sale and the purchaser wants to move in buy the 6th of April
the tenants rent is due on the 5th

I sent a 30 day notice on 03/09/2015 it was delivered on the 11th
but was not signed for and was not picked up till the 14th
Cutting to the chase:
So you waited until you got that last months rent check to inform them
that they now have to pack up and go? Classy!


Quote:
...when does the tenant have to move out?
No SOONER than the 11th.

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Old 03-27-2015, 03:17 PM
 
Location: Boise, ID
8,047 posts, read 27,137,172 times
Reputation: 9438
What does your lease say about notice? Whatever the tenant has to do is what you have to do. Your state law may also say something about it. If your tenant is required to give 60 days notice (not uncommon even on month to month leases), then you have to also.

In some states, and in many leases, notice is through the end of the next billing period, meaning whether your notice was received March 9th, March 11th or March 14th, the tenant wouldn't have to be out until the end of their next billing period, meaning April 30th. If you wanted them out by April 6th, you would have had to have given notice no later than February 28th. This is often true even on month to month leases (it is in my state and on my lease).

Your state and/or lease may differ, but since there are 31 days in March, an argument could be made that a 30 day notice given on March 11th is for April 10th. But definitely no earlier than that.

Quote:
Cutting to the chase:
So you waited until you got that last months rent check to inform them
that they now have to pack up and go? Classy!

In my area, closing dates are usually written for 30 days after the date the contract is written. If they are wanting to close April 6th, the OP probably didn't receive the offer until after March rent was paid. The tenant was aware the house was on the market, so I don't see that the OP did anything wrong in that respect.
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Old 03-27-2015, 03:22 PM
 
7,672 posts, read 11,832,770 times
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I would contact the tenants and ask them if they can leave by the 5th. But technically they would have til the 11th to move. Why didn't you let them know sooner? From the time the inspection/finance period was up, I would have let them know.
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Old 03-27-2015, 03:33 PM
 
Location: Boise, ID
8,047 posts, read 27,137,172 times
Reputation: 9438
Quote:
Originally Posted by momtothree View Post
I would contact the tenants and ask them if they can leave by the 5th. But technically they would have til the 11th to move. Why didn't you let them know sooner? From the time the inspection/finance period was up, I would have let them know.
In my area, the inspection period is typically up about 20 days before closing, and the financing period goes all the way to the day of closing. So that would be unrealistic here. We don't know that the OP didn't give notice 5 minutes after signing the contract. If the contract was written on March 6th, and they negotiated back and forth a couple times, that takes them to March 9th.
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Old 03-27-2015, 03:35 PM
 
7,672 posts, read 11,832,770 times
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Quote:
Originally Posted by Lacerta View Post
In my area, the inspection period is typically up about 20 days before closing, and the financing period goes all the way to the day of closing. So that would be unrealistic here. We don't know that the OP didn't give notice 5 minutes after signing the contract. If the contract was written on March 6th, and they negotiated back and forth a couple times, that takes them to March 9th.
Yep, that's why I was asking the OP?
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Old 03-27-2015, 06:15 PM
 
27,066 posts, read 44,244,367 times
Reputation: 15411
In most States 30 day notice is not really 30 days in many cases but it is called 30 day notices.

You have to go by your payment date or lease day.

For example if you rent is due on the first (grace period end date doesn't not have anything to do with this) it means you have to give notice prior to the first and than 30 days.

If you give notice on the 8th and your payment is due on the first then the clock starts ticking on the next 1st day of the month and many people don't seem to know but judges know that.

That is why often tenants wait to give notice on the last day of the month.
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Old 03-27-2015, 08:45 PM
 
12,102 posts, read 17,935,455 times
Reputation: 18894
You count 30 full days not to include the date of delivery. Now, you are aware you only had to give a Seven (7) day notice under NC GS 42-14. But if the lease states longer than 7 days or you already gave them more than 7 days, you must honor the full 30 days from when they received notice. As already suggested, you may want to start negotiating some financial consideration to them to have them leave by the date you need them out.
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