Does a Notice to Vacate Expire? - Landlord Forum thread 345150

Does a Notice to Vacate Expire? by Gayle (TX) on May 24, 2016 @01:08

I gave my At Will tenant 3 days notice to vacate on March 29th. He contacted me and we were trying to work out an agreeable move out, so I didn't file the eviction suit. Now the situation has devolved and he is being difficult. Do I need to send him a new notice to vacate, or can I go ahead and file the eviction suit using the notice from March? I have combed through the TX Property Code and have not found anything addressing this situation.

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Re: Does a Notice to Vacate Expire? by AnonymousFL on May 24, 2016 @03:59	[ Reply ]

I don't know hte answer to that for my area either. I think a safe bet is within 30 days. Waiting 2 to three months may be a bit of a stretch. I have to ask. If it's only a 3-day notice, why not post another one, wait 4 days and then start the eviction process? You take no chance of waiting too long and there is s mall chance that they may take it seriously and actually move out.

Re: Does a Notice to Vacate Expire? by Katiekate (New York) on May 24, 2016 @06:09	[ Reply ]

I do not know of any state that allows a 3 day notice to vacate. UNLESS it is a "cure or quit". Such as "3 day notice to pay arrears rent or vacate". Is that what you mean? If it was failure to pay rent...then you let this ride too long. You now have to start again. Another 3 days notice. And this time FILE on day 4.

Re: Does a Notice to Vacate Expire? by Magic Mike on May 24, 2016 @10:53	[ Reply ]

3 days is the minimum, not the maximum. So yes the notice is still valid.

Re: Does a Notice to Vacate Expire?

Re: Does a Notice to Vacate Expire? by Anonymous on May 29, 2016 @13:09	[ Reply ]

If you have collected rent subsequent to the 3-day notice for a time period beyond the 3-day notice, your 3-day notice is no longer valid. You have re-established you willingness to entertain the tenancy by collecting rent. You must issue a new 3-day notice.

Re: Does a Notice to Vacate Expire? by MrDan (GA) on May 30, 2016 @23:14	[ Reply ]

The '3 Day Notice' does not expire, but is either nullified or becomes void by the landlords actions. Since you have decide to work out an agreement to move out with the tenant. The 3 day notice becomes void as the conditions on which it was issued was changed. Just issue another 3 day notice and avoid any actions that would nullify the notice.