Does Landlord Need to Give Notice if Tenant Emails Notice

Does Landlord Need to Give Notice if Tenant Emails Notice

Real Estate Coach · Naples, FL · Member since 2018 · 24 posts · 14 votes

Hi BP,

I just took over the management of my properties in Indiana.  One tenant is currently on a month-to-month tenancy.  If they email me with their intention to leave on x date, do I (as the landlord) still need to provide official 30 day written notice too?

I don't think this will happen, I am just concerned that my tenant will change his mind at the last minute and decide to stay (not sure if email notice from the tenant is considered "official" notice).

Thanks in advance!

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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
5y

@Dean West  I would send an email back confirming the date they are out and the date you are in possession. How to return keys,  the condition you expect the property in etc. should be mentioned.   You don't need to give them notice, Just confirm they will be out and that terminates the lease. 

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  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    @Dean West  I would send an email back confirming the date they are out and the date you are in possession. How to return keys,  the condition you expect the property in etc. should be mentioned.   You don't need to give them notice, Just confirm they will be out and that terminates the lease. 

  • Rental Property Investor · Cherry Hill, NJ · Member since 2015 · 626 posts · 495 votes
    5y

    I agree with @Colleen F.  in addition to your response, I would talk about the walk through, how to schedule it and when they should expect their security deposit to be remitted.  For example, in NJ you have 30 days to remit the security deposit.  Perhaps you can ask the tenant where you can send the check to.  Never return the security deposit in cash and I wouldn't do the inspection until all of the tenant's possessions are out.

  • Real Estate Coach · Naples, FL · Member since 2018 · 24 posts · 14 votes
    5y

    Thank you both @Colleen F.@Joe Martella  Appreciate your insights!

  • Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    No, you don't, but there is nothing stopping you from doing so either.  As others have said good to close the communication loop hole and confirm receipt and lay out the process from here.

    Personally, I would still file the 30 day notice.  Its cheap, quick and easy and it saves you 30 days if something doesn't go according to plan.  Its all about odds and the odds are the tenant will leave on the expected date or if they get delayed and they have been a good tenant odds are good they will pay for the additional time but if they don't you now are starting the 30 day clock.  You can explain to them why you are doing it, that it doesn't effect them in anyway (assuming in your state you don't have to file those with the courts unless you are moving forward with a case).

    So no, don't have too, but doesn't hurt either especially if you explain it properly to the tenant. 

  • Real Estate Coach · Naples, FL · Member since 2018 · 24 posts · 14 votes
    5y

    @Scott M.You make some great points, makes sense to send it out just in case things don't go according to plan.

  • Joe SplitrockPro Member
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    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    5y

    @Dean West email is considered formal communications, similar to US mail. We accept either for official notice. If someone gives it via text or verbal, we ask them to follow up with email or text. As far as if the tenant changes their mind, there is always risk of that but nothing you can do. Once they give notice, it is final unless you agree to something different. As others suggested, confirm back in writing what the move out date and time is. Give them instructions for move-out as far as cleaning and how to pass the property over. I would also follow up as the date gets closer.

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