Last week I was offered a job out of town I had to take. I am currently living in an apartment building and I am no longer in a lease with the property owners, I am simply on a month to month payment plan.
Here is my problem, I spoke with the owners and told them I was going to vacate by the end of the month. They told me that I have to give them a 60 day notice and whether or not I occupy the building I am responsible for paying rent for those 60 days.
I reviewed the rental agreement and it said this: Occupancy shall be on a month to month tenancy after expiration of the lease. This periodic month to month tenancy can be terminated only on the last day of the month by a written notice at least 60 days before the termination date.
I read this back to the landlord and said there was nothing stating I would have to pay for those 60 days. She told me that's what they meant. So, can you IMPLY what you mean in a contract, or do you have to put exactly what you mean?
2007-02-19 04:48:07 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Sorry, but the Landlord is right. Be nice and you might be able to negotiate a deal.
2007-02-19 04:56:23 · answer #1 · answered by Anonymous · 0⤊ 1⤋
It sounds like you're stuck, assuming you're not outside the U.S. where laws may differ. You agreed to these terms when you signed the original lease, and I cannot imagine that a court would interpret the agreement any other way; otherwise, why would you give them any notice at all before your moving day? You should include in your official notice that any utilities will be turned off as of the day that you no longer have possession of the premises.
Your one "out" may be that in Michigan where I live, state law forbids the collection of double rent on a rental unit; i.e. if they rent it out to someone else in the meantime, they could not bill you for it as well. I'd keep my mouth shut, but keep in touch with another neighbor; landlords are greedy and know they can usually get away with double-dipping so if they re-rent before the 60 days have elapsed they would owe you a pro-rated refund. I went through this, had a lawyer draft a letter demanding a refund for the entire "notice" period alleging breach of contract and real estate fraud, since they billed me for the second month after the new tenant began occupancy, and had a check within a month that included the last week that I was in the apartment.
2007-02-19 05:36:22 · answer #2 · answered by kena2mi 4 · 0⤊ 0⤋
It is not implied; the contract states that you will pay $X each month for the use of the apartment. You are technically using the apartment during the 60 days. Read the fine print before you sign a contract.
When you move out, the landlord has an obligation to try to rent the apartment. If he does so within the 60 days, you will not owe for the entire 60 days. If your complex is full, you likely shouldn't have to pay for more than 30 days.
2007-02-19 04:55:30 · answer #3 · answered by J.R. 6 · 1⤊ 0⤋
No, a lease based on a non-lease agreement is usually month to month and requires a 1 month notice legally!
If your contract is finished, they can't write in a clause that effects a contract in violation of state law!
You have no written contract, and nothing in that contract applies once it's length has run its course!
Different states laws means different things. This is the one in Colorado:
Termination of a Month-to-Month Lease
A month-to-month lease is a rental agreement for a one-month period that is renewed automatically each month for another month until properly terminated by either party. To terminate a month-to-month lease, a tenant must give written notice to the landlord of his/her intent to terminate at least 10 days before the last day of the rental month (the month for which the tenant has paid or should have paid rent). It is acceptable to require a longer period of time for notice to terminate as long as this time period is written in the lease. Often landlords require 30 days' notice. Failure to provide the proper written notice by the tenant obligates the tenant to another month's tenancy.
You have no lease and fall under the guidelines of month to month rentals under state law!
2007-02-19 04:55:49 · answer #4 · answered by cantcu 7 · 0⤊ 0⤋
If the lease states that you have to give a written 60 day notice before vacating and you only give them a 30 day notice, you are liable for next months rent.
2007-02-19 04:52:04 · answer #5 · answered by CC 6 · 0⤊ 0⤋
This would probably fall into "common law".
It is implied, but it is common practice and common sense, but a specefic law or clause.
Think of it this way, if you were not obliged to pay for anything in breach of the termination notice clause, why would there even be a termination notice clause.? Under that interpretation you could move out any day, without any notice or any reprecussions.
2007-02-19 04:54:11 · answer #6 · answered by elysialaw 6 · 0⤊ 0⤋
I am in a Property Manager. Unless the lease states explicitly the terms you have an argument. My advice would be to either get an attorney or try to find someone to sign a lease for your unit that way it would be unlawful for the landlords to charge you after the unit is occupied.
2007-02-19 04:56:55 · answer #7 · answered by only p 6 · 0⤊ 0⤋
the law is thirty days.....the law is written notice....ergo you are out in about 60 days.
2007-02-19 05:30:44 · answer #8 · answered by Anonymous · 0⤊ 0⤋