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I have what is known as an implied lease. I never signed one for this past year. The implied lease ends Aug. 31st of this year but I need to be out by July 1st for my new place. Do I have to pay her fo July rent?

2006-06-19 07:01:27 · 13 answers · asked by bigdadykyle2 1 in Politics & Government Law & Ethics

13 answers

yes. even though its an implied lease, its still a contract, and the only way you can break a contract is through mutual consent. the rules vary state by state, you might or might not get charged penalty fees or get your security deposit witheld for giving 30 days notice, in some states it is enough, in some states, its 2 months. in some states, 15 days is enough. so it really does vary. i'd try and be nice to your landlord first, and ask if she could let you off the hook before you ask for the 30 days. if you've been a good tenant long enough, she/he might be nice in exchange. landlords are people too, you know.

2006-06-19 07:07:38 · answer #1 · answered by ASLotaku 5 · 2 0

If you ever signed a lease to begin with, all of the original terms and conditions still apply. It does not matter whether you signed a renewal or not. If you never signed one, then legally you may be on a month-to-month lease. Thirty days notice, if that is what the original lease called for, would be sufficient. If there is a Tenant's Council in your area, call them. Take a copy of all documents related to your residence and let then examine them. There is no charge for this service. They are very knowledgeable and can even contact the landlord on your behalf. Often landlords will back down if they think someone with as much knowledge as themselves has entered into the fray. Tenancy laws can vary widely from state to state, or even, from city to city. It is impossible for anyone to give you an enforceable opinion without reviewing the original lease and any subsequent documents you may have signed.
Take pictures when you have the apartment cleaned and are ready to return the keys. Ask the landlord or manager to do a walk through with you, so that if they have questions or complaints about the condition of the property, you can resolve them then, or take corrective action before surrendering the keys.

2006-06-19 10:52:49 · answer #2 · answered by steven s 2 · 0 0

as stated above unless their is an emergency the landlord must give reasonable notice to enter your place assuming in are in the USA, every state has laws regulating what a landlord can and can not do, those laws can not be over ridden by your lease The lease is a temporary transfer of certain property rights from the landlord to you, next time the landlord enters your unit without reasonable notice call the police and file a trespassing complaint against the landlord

2016-05-20 02:36:04 · answer #3 · answered by Anonymous · 0 0

You have to pay her for July and August rent, unless you/the landlord can find someone to move in right away. To not have paid for July you would have had to have found someone and NOTIFIED the landlord BEFORE June 1st. An implied lease is just as legal as a signed contract.

The best thing for you is to see if the landlord has someone ready to move in. In that case the landlord "generally" is required to let you out of the lease since any loss is negated by the new tenant. I say generally since of course this varies from state to state, but in general as long as the landlord is not out any money they have to allow the break in the lease.

Remember however that no matter what you will have to pay for July. August is the only month you might be able to get out of. For you to have stood a chance of getting out of July's rent you would have had to have informed them back in May.

2006-06-19 09:08:47 · answer #4 · answered by caffeyw 5 · 0 0

if you have completed the lease agreement that you signed and you are still living there you now are on a month to month lease and yes you can give a thirty day notice and move with no obligation to a lease - and the owner of the property can give you the same. Also your rental price can be increased monthly as long as the owner/management team give you a 30 day notice.

always have someone from the managment team walk the unit with you before you turn over keys to insure you have in writting what they will or will not charge you or you could get a nice surprise in 30 days....thats right they have to notify you withen 30 days of what they will be charging you or you could get all your deposit back plus some.. good luck

2006-06-20 09:47:26 · answer #5 · answered by JODY 2 · 0 0

If you do not have a signed lease for the current time period, you are considered to be a month-to-month renter. You have to give at least 30 days notice to move. The problem is that the 30 day period begins on the date that rent is due. If your rent is due on the 1st day of the month, you have to give notice by that day. So to move out on July 1st, you needed to have given notice BEFORE or ON June 1st. The earliest you'll be able to stop paying rent is for August, if you give notice before July 1st.

So, in conclusion, yes, you owe July rent.

2006-06-19 07:15:16 · answer #6 · answered by Mama Pastafarian 7 · 0 0

No. You have to give at least thirty days' notice before the first of the last month you will be paying rent. To have gotten out of your lease before July 1st, you would have needed to give notice before June 1st. Be glad it's just thirty days - I'm a landlord and I require a sixty-day notice!

2006-06-19 07:06:55 · answer #7 · answered by Vicki D 3 · 0 0

Nah You can not cancel lease with notice. You must full fill the lease or talk to your landload.

2006-06-19 07:06:10 · answer #8 · answered by silkshop 2 · 0 0

if you have lived there over a year and been a good renter, who knows some landlords are actually nice people who will work with you, talk to your landlord and see what they will work out.

2006-06-19 14:49:14 · answer #9 · answered by Anonymous · 0 0

Look in you phone book.It has a rental law section.Are an easy way,is to call a realistate office.They should know all the laws for your area.Try that.

2006-06-19 07:15:18 · answer #10 · answered by Wishee 4 · 0 0

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