My lease is expired and I'm currently buying a home. I gave her a notice on December 29th that if my home loan is approved I'm be out by March 1st giving a 60day notice. On January 12th she told me she did not accept that as a 60 day notice b/c I stated if everything goes well. I told her that I will leave on March 12th if that was easier for her. She then stated it doesn't matter if I leave on the 1st of March or the 12th of March, she wants me to pay the full month's rent b/c she does not accept my notice to vacate. Is that right? And is it right to not tell me she didn't accept the notice in the middle of the month or should she of told me once she rec'd the letter? Help:( I think she is trying to get me to pay March's rent b/c she has not tentant?
2007-02-20 13:10:03 · 7 answers · asked by wmlester2429 1 in Business & Finance ➔ Renting & Real Estate
For my tenants, I would only charge 1/2 month. Better check your state laws. They vary from state to state.
2007-02-20 13:17:08 · answer #1 · answered by redman 5 · 0⤊ 0⤋
Check your local tenant/landlord laws. You can google it if you don't know your city's government website.
For California and Washington, month to month lease, it just takes a 30 day notice verbally or in writing. And you can move out on any date. If you placed your notice and want to move out on March 12th that should be okay as you would pay a prorated amount for those 12 days. However some places put in the lease that you can only move out on the last day of the month. This isn't always legally enforcable but I would check that lease of yours. Get a copy from the landlord if you don't have a copy already. They do have to give you a copy by the way.
Sounds like they are being difficult for whatever reason. Do your homework as a tenant and know what your rights are.
2007-02-20 16:45:42 · answer #2 · answered by The Drew 4 · 0⤊ 0⤋
I think your landlord has a point because of the way you stated your notice with "if everything goes well". A notice to vacate is a definitive statement, not a maybe. If you didn't give her another written notice and only clarified the issue verbally there might be problem, but she can't require you to pay an entire months rent if you give notice in the middle of the month.
Definitive notices to vacate can be as difficult as definitive closing dates on a home purchase ... things can come up pushing the closing a little further in the future ... thus the extra time in your apartment might be to your advantage. Plus you need to remember that unlike rent which you pay upfront, mortgage payments are paid in arrears and when you close in the middle of a month you often don't have to pay your first mortgage payment for a month and a half. Congrats on the new house!
2007-02-20 14:44:21 · answer #3 · answered by linkus86 7 · 0⤊ 0⤋
You might be stuck paying the month's rent. Because of the pending statement in your notice, your notice didn't actually take effect until the day you gave here written notice settling that pending statement (if everything goes well) You should never give a vague notice, it allows for things like this to happen. Always give a specific date and keep copies if you want a notice to be accepted.
2007-02-20 14:19:52 · answer #4 · answered by bosco6159 4 · 0⤊ 0⤋
if you are on a month to month, it's a legally binding agreement to be on a 'month to month' basis' that said, it depends on when you started the agreement (what day of the month)
if you started with an anual lease, and it started on the first of the month, then when that expired, you started a month to month based on the first of the month.
if it's just that she wants more than one month's notice, unless has that in writing from you, tell her to piss off.
my landlord demanded that i give him 2 months notice even though i too was on a month to month agreement.
when i asked to see my contract stating that i would do just that, he shut up and didn't bother me anymore. (and he's a laywer)
she may work something out for you, but you will be obligated to pay the full month, or leave by the first.
i went thru the same situation and
i ate the last few weeks of my month...
2007-02-20 14:04:02 · answer #5 · answered by roadkjunk 1 · 0⤊ 1⤋
She probably is, which is typical, particularly given that her lease is month to month she probably has a high turnover rate. You should go down to the library and check out what the laws are in your state though, just to be sure.
2007-02-20 13:15:17 · answer #6 · answered by collard greens with hash browns 4 · 1⤊ 0⤋
She is full of it. You gave 60 days. Tough toenails for her.
2007-02-20 13:44:08 · answer #7 · answered by justbeingher 7 · 1⤊ 0⤋