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Anonymous

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Posts: 28
Reply with quote  #1 
This is going to be silly to some and I know I'm overthinking it but could you please clarify for me if a tenant's lease expires July 31st what date exactly would be considered 30 days notice of a rent increase? July 1st? 60 days would be June 1st correct?
LLinVA

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Posts: 386
Reply with quote  #2 
Yes, I would count the exact days. Although, a landlord shouldn't let it get that close. If the post office doesn't stamp the letter until the day after they stick it in the mail, that would be proof it wasn't done in time. 
Anonymous

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Posts: 28
Reply with quote  #3 
That kind of sucks for the tenants doesn't it? I mean if a landlord only has to give 30 days notice of a rent increase if less than 10% and a tenant has to give 30 days notice if they want to move out the tude notices are kind of conflicting doesn't give the tenant much time does it if any time
LLinVA

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Posts: 386
Reply with quote  #4 
Our standard increase is 5% per year, so they know what's coming. If a tenant was worried about it, they could always ask and try to get something in writing. A landlord is free (and it's better practice) to be upfront about rent increases. 

But yes, it would suck if you were notified of a large increase that you were not expecting and didn't have time to back out of a whole year at that new rate. But, the argument is that you knew that was possible because you read the lease a year earlier and it clearly stated what can happen when.
LocalHero

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Posts: 8
Reply with quote  #5 
The standard Association of Realtor's contract in SC defines 30 day notice as such:

DEFINITION OF ''THIRTY (30) DAY NOTICE'': Any written notice given by either party to the other party in order to meet a thirty (30) day notice requirement will be deemed given, and the thirty (30) days deemed to commence on the first day of the calendar month following the date of receipt of said notice. Any termination permitted by other sections contingent upon a thirty (30) day notice will then be effective on the last day of the calendar month following receipt of said notice. If expiration date of lease is not on the last day of the calendar month, then thirty (30) days notice is required to conform to the expiration dates.

So if you gave the tenant notice on June 2nd, the 30 day count wouldn't start until July 1st.   Don't know if this is typical for other states.
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