What is the end date for a 90 days notice?

9 Replies

I am planning to give my tenant a 90 days notice that I won't be renewing the month to month lease. If I give today, does that mean it's exactly 90 days later the tenant has to move out or the first day of the following month?

I am not a property manager but in my state I give sixty days notice. I give the notice on a day that co-insides with their lease end date, so If their lease ends June 30, I give notice On or before April 30, and state that their move out date will be June 30, if that makes sense. Im not sure exactly what is required in your state

Hi Adam,

Generally, with month to month leases the termination notice would be 30 days from the date the tenant received the termination notice. If your agreement with your tenant is 90 days, then it should be 90 days from receipt of the notice. It is usually easier to provide notice on the 1st of the month to be easier for the tenant to move out and find another apartment but it does not necessarily have to be the 1st of the month. 

A word of caution to the general statement above, NY and even the City may likely have some specific tenant friendly provisions which you may need to be aware of when providing the termination notice. Also, there may be certain protections on the time the tenant has to vacate the property. I live in Massachusetts where there are similar "tenant friendly" legal protections for different situations. None of this is legal advice, but just my experience. 

Legal dates that is the start of any notice is the first of every month and that starts the clock. For example: if you’re serving in the 15th it does not come into effect until the first for a full 30 day notice period. 

It depends how you word it (assuming your state law doesn't say otherwise.) 90 days from tomorrow is 2/19/2021. 

So you could send a notice that says "This is your 90 day notice that you must vacate the property before Midnight on 2/19/2021."

Or you could send a notice that says, "This is your 90 days notice that we will not be renewing your lease for the month of March 2021. This means you must vacate the property before midnight on 2/28/2020."

One is exactly 90 days notice, the other is excess of 90 days notice. 

No,  to my understanding 90 day notice follows the term of the lease so if your lease runs from the first it is 90 days from the first of December but if your lease runs from the 20th then it is 90 days from the 20th November.  At least that is how our lease is written. Look at your lease. 

Again speaking in general terms because not sure of the specifics to Adam's situation and also speaking from a MA perspective. The 30 day timeframe can be confusing. A notice to terminate a tenancy at will under MA law has to expire on a date the rent is due. 

The law states,"the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer" so just as an example, if a notice to quit is served on May 15 to tenants who are required to pay on the 1st of each month then landlord would not be entitled to a judicial remedy (i.e. going to court) until at least July 1 because July 1 would be the first instance where the tenant's rent would be due after their tenancy at will expired.

Ultimately, I would communicate with the tenant if you have a good relationship with them to minimize any confusion around when they need to vacate. If the relationship is not so good and there is a concern over a potential eviction looming, I would first look to whatever lease exists, should there not be a lease, then to state law, and then to local ordinances to make sure notice has been properly served. If it is going down the eviction path, talking to a lawyer upfront might be a good course of action to save a lot of headaches later on. Just my further two cents.

@Adam Azam Usually its the last day of that month. My leases generally start on the first end on the last day of the month.
If your are not in a hurry do this:
This is you 90 day notice of non-renewal please vacate no later than 28 February 2021. Rent is due per the lease until move-out your deposit may not be used for rent.
If you want them out as soon as possible:
This is you 90 day notice of non-renewal please vacate no later than 05 February 2021. Rent is due per the lease until move-out your deposit may not be used for rent. You may choose to move out earlier, if so inform us at least 30 days in advance and we will refund any unused portion.

A 90 day notice doesn’t mean 90 days from receipt. 90 day is the minimum amount of notice. You can give a “90 day notice” with a specified date that is greater than or equal to 90 days. It is good practice to keep dates at month ends. If the tenant is going to vacate your property it’s likely their new place will only allow them to move on the 1st of of the month.

In most states, the notice is based on calendar days. If you give 30 day notice on November 15th, then the tenant has to be out by November 14th at midnight because that is 30 calendar days.

However, you have to read your state law. There are at least a couple states that say you have to give them through the end of the month which means you can't terminate them on the 10th, 17th, or some other odd day.