Sample Notice
Downloadable Forms
- 30-Day Notice of Termination of Tenancy (Nolo) RTF Format
- 60-Day Notice of Termination of Tenancy (Nolo) RTF Format
- 90-Day Notice of Termination of Tenancy (Nolo) RTF Format
Whom to Serve
You should try to serve a copy of the notice on each tenant to whom you originally rented the property. However, service of the notice on one of several cotenants who are listed together on a written lease or rental agreement is legally sufficient.
Be sure to make several copies for your records.
- Give the original to the tenant
- Keep the copies for yourself
Proof of Service Box
Complete the proof of service box on your copy of the notice. You do not fill out the Proof of Service on the original notice that is given to the tenant. Save the filled-out Proof( s) of Service on the copies of the notice— you’ll need these to prove that you served the notice if you end up filing an eviction lawsuit.
When to Serve a 30-, 60-, or 90-Day Notice
It’s usually best to serve the 30-, 60-, or 90-Day Notice shortly after you receive and cash the tenant’s rent check for the month. If the tenant paid rent on time, the notice will usually be given toward the beginning of the month, and the last day of legal tenancy will fall several days into the next month for a 30-day notice (or the month after that, for a 60-day notice). The advantage is that you will already have the rent for as much of the time as possible that the tenant can (legally) remain on the premises. In the case of a 30-day notice, if the tenant refuses to pay any more rent (for the day or two in the next month), you can just deduct it from the security deposit.
CAUTION
Don’t accept rent for a period beyond the 30-day (or 60-day) period— if you do, you cancel the notice and will have to start all over again with a new one.
Who Should Serve the Notice?
Anyone over the age of 18, including yourself, can legally give or serve the notice on the tenant. However, if you have to bring an eviction lawsuit against the tenant, that person may have to come to court to testify that he or she gave the tenant the notice, so make sure you pick someone who will be available.
How to Serve the Notice
Personal Service
You or anyone you designate age 18 or over may hand the notice to the tenant or any one of the tenants named on the notice on behalf of all tenants. If the tenant does not accept the notice, you can leave it down by the tenant’s feet and walk away.