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I have been renting a condo as a "winter rental" on a month to month basis. The owner and I verbally agreed on the end of April as the approximate termination date, but yesterday he told me to expect a 30 day notice within the next week. This is not an eviction, he just wants his place back earlier than planned. Must he give me until the end of a month to move out, or can he insist that I move out mid-month?

2007-01-17 01:59:59 · 12 answers · asked by H2Oskier 2 in Business & Finance Renting & Real Estate

The exact wording on the lease is as follows: "The tenant or the landlord may determine not to continue this contract at the conclusion of any month, provided written notice of intent is given within 30 days prior to the conclusion of the month."

2007-01-17 05:40:46 · update #1

12 answers

He has to give you 30 days notice in most states,that I know of.

2007-01-17 02:03:21 · answer #1 · answered by ? 7 · 0 0

Either party can give a 30 day notice to move. It sounds like he found someone who is willing to pay more per month then you. It puts you in a awkward position. Maybe he has received complaints from the other tenants about you and the unit.

This could be a learning lesson for you, always get a written agreement. In California you must now give a sixty days notice with no cause stated. Check with the fair housing department in your state.

The link below will give you more basic information--

If the landlord wants a tenant to move out and does not give a reason, the tenant must be given a 20-day notice to leave. The tenant must receive the notice at least 20 days before the next rent is due.

2007-01-17 10:20:54 · answer #2 · answered by D S 4 · 0 0

If he gives you a 30 day notice there isnt a lot you can do. If you had only verbally agreed you have no proof to back you up on your claim that he agreed to let you move out at the end of April. In Nebraska a landlord can kick you out for any reason at any time if you are on a month to month lease.

2007-01-17 10:40:19 · answer #3 · answered by ♥♫♥ Crystal ♥♫♥ 4 · 0 0

A verbal agreement is as good as a written one although it's so hard to prove in court. Besides, the end of April, by your own admission is only an "approximate termination date" anyway.

There's no obligation for your landlord to have to give you until the end of "a" month either unless it's in a formal lease agreement executed by both parties. You can, however appeal to his good nature to let you stay a couple of weeks longer if you had difficulties leaving at mid-month. Or you two can compromise and make the end date a week after mid-month.

There's a saying among business people:" In business, you don't get what you deserve. You get what you negotiate."

2007-01-17 10:19:53 · answer #4 · answered by Anonymous · 0 0

Start looking for another place to lay your head. Yes they can give you a notice mid-month. You had a 'verbal month to month agreement' which means either one of you can terminate with a 30 day notice. Your landlord didn't have to give you a heads -up on the notice however, that was nice of him.

You may have originally decided together that you'd rent till April however, beings your agreement was a 'verbal month to month' it does not count as a 6 to 12 month verbal lease agreement.

2007-01-17 10:11:47 · answer #5 · answered by Camoguntruck_lady 3 · 0 0

some states require 30/whole month notice while others just require 30 days total ca i believe

what is most likely going to happen is that in Jan he will give a 30 day notice to move out by Feb 28

2007-01-17 11:13:52 · answer #6 · answered by goz1111 7 · 0 0

with month to month lease, the landlord or you can terminate the lease with 30 notice, sounds like thats what he is doing. It's legal.

2007-01-17 10:08:01 · answer #7 · answered by singledad 7 · 0 0

As long as he gives you thirty days notice, I believe he can ask you to leave whenever he wants to. He is essentially only offering you a half month (for example) as your next month's rental agreement.

But then again, I'd think he would have to give that to you thirty days before the beginning of the month. Now I'm not so sure he can do that. I think if he only wanted to rent to you for part of the month, he would have to give you notice of that thirty days before the month began.

Hmmmmm...

2007-01-17 10:51:53 · answer #8 · answered by Phoenix, Wise Guru 7 · 0 0

30 days notice is all that is required. Mid month is legal, hey at least the person is telling you in advance.

2007-01-17 10:08:00 · answer #9 · answered by Kdude 4 · 0 0

He has acted accordingly. You will have 30 days from the notice date to vacate.

2007-01-17 12:14:16 · answer #10 · answered by boston857 5 · 0 0

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