How Much Notice Does a Landlord Have to Give a Tenant to Move Out?

For a month-to-month tenancy, most states require a landlord to give 30 days' written notice (or one full rental period) to end it. Some states add more time as the tenancy gets longer: California requires 60 days once the tenant has lived there a year, and New York requires 60 days after one year and 90 days after two. A few states and many cities go further and do not let you end the tenancy at all without a legal reason. A fixed-term lease usually ends on its end date, but some states still require advance notice of non-renewal.

So "30 days" is a starting point, not a safe answer. This guide covers notice rules by tenancy type, a 15-state table, how to count the days, the laws that require a reason, what the notice should say, and what to do if the tenant does not leave.

Notice depends on the type of tenancy

Month-to-month

A month-to-month tenancy renews itself each month until someone ends it with proper written notice. Florida is typical: either party must give at least 30 days' written notice before the end of a monthly rental period (Fla. Stat. § 83.57). Texas requires one month's notice, and the tenancy ends on the later of the date in the notice or one month after notice is given, unless both parties signed an agreement setting a different period (Tex. Prop. Code § 91.001).

Fixed-term lease

A lease with an end date generally ends on that date. Whether you must send notice first depends on the state and the lease:

• New York: If you do not plan to renew, you must give written notice of 30, 60 or 90 days, based on the longer of how long the tenant has lived there or the lease term. If you give late notice, the tenancy continues on the existing terms until the notice period runs out (N.Y. Real Prop. Law § 226-c).
• Oregon: If the fixed term ends during the first year of occupancy, you can end it without cause with at least 30 days' written notice. If it ends after the first year, it generally becomes month-to-month unless you have a qualifying reason (ORS 90.427(4)).
• Washington: Non-renewal without cause is allowed only in limited cases, such as the end of an initial 6 to 12 month term, with 60 days' notice (RCW 59.18.650).

Read your lease too: many convert to month-to-month at the end of the term. Ending a fixed-term lease before its end date is a different question; see can a landlord break a lease. For the trade-offs between the two term types, see month-to-month vs annual leases.

Week-to-week

Shorter rental periods usually mean shorter notice. Florida requires at least 7 days' notice before the end of a weekly period (Fla. Stat. § 83.57). Oregon requires 10 days' written notice for a week-to-week tenancy (ORS 90.427(2)).

Notice periods by state

Generated from the MakeLease state-law dataset (49 jurisdictions, statutes last checked 2026-10-30). Researched and cited by MakeLease · not yet attorney-reviewed. City and county rules can be stricter.

If your state is not among these 15, look up its termination statute for periodic tenancies before you send anything, and check your city's ordinances. The landlord-tenant law by state hub has a page for each state in the table, and the landlord-tenant law dataset lists the month-to-month notice rule for every state we have researched.

Longer tenancies can mean longer notice

Several states scale the landlord's notice to how long the tenant has lived there:

The tenant's notice is often shorter: in California, New York (outside New York City), Oregon, Texas and Florida, a month-to-month tenant generally gives 30 days or one month. In Washington, a tenant gives 20 days' written notice before the end of a rental period (RCW 59.18.200).

When you need a reason: just-cause and good-cause laws

In these states, giving enough notice is not enough. You also need a reason the law accepts.

• California: Under the Tenant Protection Act, once a tenant has lived in the unit for 12 months, you need a just cause and must state it in the notice. For no-fault reasons (owner or family move-in, taking the unit off the market, major repairs or demolition), you must pay relocation assistance equal to one month's rent or waive the last month's rent (Cal. Civ. Code § 1946.2; California Courts self-help guide). Some units are exempt, and local ordinances can add rules.
• Oregon: After the first year, you can end a month-to-month tenancy only for tenant cause or a qualifying landlord reason: demolition or conversion, repairs that make the unit unsafe to live in, landlord or immediate-family occupancy, or an accepted offer from a buyer who will live there. These need 90 days' notice stating the reason, and generally one month's rent (landlords with an interest in four or fewer units are exempt from the payment). For the buyer reason, 60 days is allowed if you pay one month's rent. Getting this wrong makes you liable for three months' rent plus actual damages (ORS 90.427(5)–(9)).
• Washington: You cannot end a month-to-month tenancy just by giving notice. You need one of the causes listed in RCW 59.18.650, and the notice period depends on the cause. For example, an owner or family move-in and the sale of a single-family home each need at least 90 days (RCW 59.18.650). Demolition, substantial rehabilitation and change of use need 120 days (RCW 59.18.200). Some cities add their own requirements.
• New Jersey: Under the Anti-Eviction Act, no residential landlord may evict or decline to renew a written or oral lease without good cause. Owner-occupied buildings with two or three units and no more than two rental units are a main exception (N.J. Department of Community Affairs bulletin on N.J.S.A. 2A:18-61.1). In practice, a plain "30 days and you're out" notice does not work for most New Jersey rentals.
• New York: For housing covered by the Good Cause Eviction Law, a landlord needs one of the grounds listed in the statute to remove a tenant, even after the lease has expired (N.Y. Real Prop. Law § 216). Coverage depends on the locality and the building, so check whether it applies to you.

Check your city as well. Local just-cause and rent stabilization ordinances can apply even where state law allows no-cause termination. Rent limits are a separate question, covered in how much a landlord can raise rent.

How to count the notice period

Four rules prevent most counting mistakes.

1. Some states tie notice to the end of a rental period. Florida requires notice "prior to the end of any monthly period" (Fla. Stat. § 83.57), and Washington's tenant notice works the same way (RCW 59.18.200). In those states, a notice delivered mid-month generally cannot end the tenancy mid-month. Making the move-out date the last day of a rental period avoids the issue in almost every state.

2. "One month" is not always 30 days. Texas says one month, so a notice given in a 31-day month needs the full month (Tex. Prop. Code § 91.001).

3. Mail can add days. In Oregon, a notice sent by first-class mail extends the minimum notice period by three days, and the notice must show that extension (ORS 90.155). In Washington, when a notice is served by mail, five more days must pass before you can file an action based on it (RCW 59.12.040).

4. Count from delivery, not from the date you wrote the letter. If you are unsure when delivery is complete, add margin.

A hypothetical example: an Oregon tenant moved in six months ago on a month-to-month agreement. You mail a 30-day notice by first-class mail on November 2. The three-day mail extension makes the minimum 33 days, so the earliest termination date is December 5. Choosing December 31, the end of the rental period, gives you room for error and gives the tenant a clean move-out date.

A second hypothetical: a Florida month-to-month tenancy with rent due on the 1st. To end it on December 31, deliver written notice at least 30 days before then, so on or before December 1. Delivering it in late October is safer.

The notice to vacate form calculates a move-out date from the notice date and period and can push it to the end of the month for month-to-month tenancies. Check its date against your state's rules before you send it.

A notice to vacate is not an eviction notice

A notice to vacate ends a tenancy that is otherwise in good standing. Notices for unpaid rent or lease violations are different documents with much shorter deadlines and their own required wording:

Do not use a no-cause notice to vacate to deal with a tenant who is not paying. Start the nonpayment process instead, which is covered in how to evict a tenant; the notice you need is explained in eviction notice types explained, with step-by-step guides for Texas and Florida. And never send a notice to vacate in response to a repair complaint or a tenant exercising a legal right; that invites a retaliation claim.

What to put in the notice

Keep it short and specific. Include:

• ☐ The date of the notice
• ☐ Every adult tenant's full name
• ☐ The full rental address, including unit number
• ☐ A clear statement that the tenancy is ending
• ☐ The exact termination date, counted correctly for your state and delivery method
• ☐ The reason, where your state or city requires one (California after 12 months, Oregon after the first year, Washington, New Jersey and covered New York units)
• ☐ Any required statements, such as California relocation-assistance language or Oregon's mail extension
• ☐ Move-out logistics: key return, final walk-through, and where to send the deposit statement
• ☐ Your name, signature and contact details

The California Courts guide also says a 30- or 60-day notice should explain how the tenant can reclaim belongings left behind (selfhelp.courts.ca.gov).

Delivery and proof

Deliver the notice using a method your state allows, and keep proof that you did. Florida allows mailing, hand delivery, or leaving a copy at the residence if the tenant is absent (Fla. Stat. § 83.56(4)). Washington allows personal delivery, leaving a copy with a person of suitable age plus mailing, or posting plus mailing (RCW 59.12.040). Check your lease for a notice clause too.

For proof, keep a signed copy, note the date, time and method of delivery, and use a mail service that gives you a receipt. If the tenant later says they never got it, your record is the evidence.

If the tenant stays after the notice date

A tenant who stays after the tenancy has ended without your consent is a holdover tenant. Two rules apply almost everywhere:

1. Do not use self-help. Do not change the locks, shut off utilities or remove belongings. In Florida, for example, these are prohibited practices, and a violation it makes you liable for the greater of actual damages or three months' rent, plus attorney's fees (Fla. Stat. § 83.67).
2. Go to court. The legal route is an eviction case. In Texas, a holdover eviction also requires that the tenancy was ended under § 91.001 and a written notice to vacate (Tex. Prop. Code § 24.005). Some states give you extra remedies. Florida lets a landlord recover double rent for the period a tenant holds over without permission (Fla. Stat. § 83.58).

Be careful about accepting rent for any period after the termination date. Depending on your state, it can undercut the notice or be treated as agreeing to a new tenancy. If the tenant offers rent, get local advice before you cash it.

If you would rather keep a good tenant than replace them, consider a renewal offer instead. See lease renewal strategies.

Sources

Official sources cited above (checked 2026-10-27):

• Florida Statutes § 83.57, termination of tenancy without specific term
• Florida Statutes § 83.56, termination of rental agreement (notice delivery)
• Florida Statutes § 83.58, holdover tenants
• Florida Statutes § 83.67, prohibited practices
• Texas Property Code chapter 91, § 91.001
• Texas Property Code chapter 24, § 24.005
• New York Real Property Law § 226-c
• New York Real Property Law § 232-b
• New York Real Property Law § 216, Good Cause Eviction
• New York RPAPL § 711
• Oregon Revised Statutes chapter 90 (§§ 90.155, 90.427)
• RCW 59.18.650, just cause for termination
• RCW 59.18.200, periodic tenancy notice
• RCW 59.12.040, service of notice
• RCW 59.12.030, unlawful detainer
• California Civil Code § 1946.1
• California Civil Code § 1946.2, Tenant Protection Act just cause
• California Courts self-help guide, types of eviction notices
• California Courts self-help guide, notice types for tenants
• California Department of Real Estate, Landlords' and Tenants' Rights guide: moving out
• New Jersey Department of Community Affairs, Grounds for an Eviction bulletin