I have a month-to-month lease on my house. It states that "This Agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less than one full month's notice in writing." I have looked up the definition of a month, and it is one calendar date until the same calendar date in the next month. I gave my landlord my notice today, and he is trying to tell me that I have to pay for the entire month of January. Is there anything I can do about this?
2006-12-07 06:42:02 · 4 answers · asked by Michele B 1 in Business & Finance ➔ Renting & Real Estate
I live in Ohio....
2006-12-07 06:42:45 · update #1
Some landlords require the notice on the first day of the month. Depends on the wording in the agreement. I think you have a case if there is no other clauses or wording that state tht the notice has to be given on or before the first day of the month.
I managed rental properties for years, with a similar clause, and I would let tenants give me 30-day notice at anytime of the month, and accept it.
BTW - I reside in Columbus, Ohio.
Ask your landlord how he would have given you a 30-day notice.
2006-12-07 06:51:05 · answer #1 · answered by Wego The Dog 5 · 0⤊ 0⤋
The statement "This Agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less than one full month's notice in writing." is self-explanatory.
It doesn't say one FISCAL month, it says... "NOT LESS THAN ONE FULL MONTH'S NOTICE IN WRITING" ... .
Since December is effectively almost over, you are there until January 31. When you leave, leave the place cleaner than you found it, and take photos AFTER you move all your furniture out. This will show the condition of the apartment. Just make sure you get your security back within 30 days of moving out.
Good Luck
2006-12-07 06:55:26 · answer #2 · answered by Len_NJ 3 · 0⤊ 0⤋
Normally in lease terms that means one month in advance from the date that you would pay rent. If you paid rent on say the 8th of the month that would be a different story. But becauase you waited until a week into the month you are required to pay for the next month. If you would say you were moving out by February then you would be within the the contract limitations.
2006-12-07 06:48:00 · answer #3 · answered by Curious In Ohio 2 · 1⤊ 0⤋
try 2 offer partial payment of January and you will be gone. But legally they can demand that with a month 2 month 30 Days rule. Good Luck.
2006-12-07 06:49:17 · answer #4 · answered by silkieladyinthecity 3 · 0⤊ 0⤋