How long after written notice does tenant have to move out?

Question

Hello all! I am a newbie out of Winchester, VA and am closing on my first property in WV in 2 weeks. It is a Duplex and both sides are currently rented month to month with 30 day notice. I am buying this as a primary residence so the plan is to give notice to the tenant on the side that needs the most work. My original closing date was today and I had planned on giving written notice to the tenant immediately and they would have to move out by 12/31

My closing date was pushed back to 12/3/2020 because I couldn't get an appraisal scheduled because of all the refinances. My question is, if I give written notice to the tenant on 12/3 does that mean that the tenant has until 1/2/2020, 30 days later to move out? Or will they have until the end of the month?

I'm probably overthinking this but I want to get it right the first time!

Patricia Steiner · Answer

30 days notice...either have the seller end the tenancy by giving notice now or you'll need to have the exit date be in January. Also, please know that giving notice doesn't always mean the tenant will honor it. The sooner notice is given, the better - and it can be difficult for tenants to add a move during the holidays/winter/Covid.

Congrats on your new acquisition.

Erin Dorsey Robinson · Answer

Hi there! Congratulations on buying your first property! I think you are right to want to understand this clearly as landlord tenant law can be full of little surprises. As with anything, the devil's in the details. If I were you, I would ask either your realtor/broker, a real estate based attorney or some kind of legal aid non-profit for tenants if one exists in your area. My inclination would be that the 30 day notice means tenants have 30 days, regardless of where in the month that falls. But that is the law here in Cleveland (Ohio). Not sure what Virginia law stipulates, but I do know that you want to be sure you are working within the law when you are talking about asking people to move...especially right now.

Good luck!

Sophia Remley · Answer

Thank you everyone, you've given me a lot of good advice! Hopefully it goes well.

Nathan Gesner · Answer

The default is 30 calendar days. You can give notice on any day of the month and the tenant has to be out 30 days later. However, some areas may have more restrictive laws stating you have to give them until the end of the month.

VIRGINIA NOTICE LAW

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Mike McCarthy · Answer

@Sophia Remley 30 days is 30 days.

But with eviction moratoriums, you may want to handle the discussions with your new tenants more gently than you normally might. You may find a tenant who’s ready to move out, or maybe give them 60 days. But you probably don’t want to get into a fight as evictions are difficult to come by.

Susan M. · Answer

@Sophia Remley, Did the tenants at some point have a written lease with the seller? If so, you should request a copy. Sometimes that lease will stipulate what happens when it goes month to month. Just a thought.

Susan M. · Answer

@Sophia Remley, it's always important to know the laws of your state and your town, as the town may have more restrictive laws than the state. It might have been easier if part of your purchase and sale agreement required the unit you want to live in be empty (poor English, sorry!). If it was stipulated in the P & S, the Seller would have had to give them notice, so they could have been out on the closing date. It's risky for the Seller, in case the sale falls through, but it is not uncommon. Good luck!

How long after written notice does tenant have to move out?

How long after written notice does tenant have to move out?

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