30 Days Notice, No Lease?

Question

I am moving out on May 18th due to emotional & verbal abuse from the landlord. My question is.. even though I gave her a month's notice (on April 28), and paying May's rent... do I have to stay until May 28th - even though she doesn't have a written lease? If that's the case of me staying for a month, I will abide by it absolutely. She's the kind of person who says 1 thing.. but later on, will change her answer. I just don't want to go to small claims court over a she said/she said thingy..

This landlord/tenant thing is very new to me, so if you can.. please respond.

Thanks.

Answer 1

As a former apartment manager, the law states that you have to give a thirty days WRITTEN NOTICE. Thirty days are thirty days AND VERBAL DOES NOT STAND UP IN COURT. Most people will mail a certificated letter to the owner or manager if their was a problem with the management. What you need now is to get her to sign a statement acknowledging that she is aware of you planning on move out and that you give her a thirty day notice verbally.

Let say you paid your rent on the 1st of the month and on the 17 of that month you give a thirty notice.
Paid rent 4/01/07 ----$XXX.XX for the month of April.
You gave a WRITTEN NOTICE on the 17th of April.
On the 1st of May you would pay for the 17 additional days (5/01-5/17/07)

To get the daily rate take the monthly rent amount and divide it by 30 days, that will equal your per Diem rate. Multiple that amount times 17 days.

Most people think that you can only give a thirty day notice on the 1st of the month, that is not so.

Answer 2

If you don't have a lease, you are free to leave and you did not need to give her a 30 day notice. If you paid May's rent, you are entitled to stay there until the last day. If you are paying May's rent biweekly then you can pack and move as you please. There might be a problem getting your deposit back.... so either forget about it or be prepared to take her to court. Make sure you take pics of the condition you left the place.

Answer 3

You may leave whenever you wish, but you will be liable for rent charges until the end of May. Your thirty day notice does not relieve you of obligation for those last few days of May. Landlord/tenant agreements generally work on a calendar month, and not on a 30 day month.

I hope that you delivered your notice to vacate in writing, and retained a copy for yourself as well.

Answer 4

there is no such animal as an "computerized 30 day word"; that action might violate your hire settlement. What she would be able to do is serve you a "3 day word to pay lease or end" meaning you ought to pay the lease in 3 days or circulate out in 3 days. in case you fail to do the two one among those then she would be able to report an eviction lawsuit. So, the 30 day word isn't criminal of her yet on an identical time it isn't any longer unlawful. the information is basically no longer legally enforceable. in case you wrote a examine that bounced(back) it is comparable to no longer paying the lease. i'm curious the way you're able to pay a $seventy 5 overdue cost yet you won't be able to pay your lease on time. That appears like undesirable money circulate administration to me.

Answer 5

If you paid till the end of May she shouldn't care which day you actually move out.

Answer 6

You have no written lease? No legal and binding contract? You can leave whenever you want.

Answer 7

it shouldn't be a problem since you are paid up to the end of the month.

Answer 8

if you paid you should stay and leave on the next billing month
you PAID so you can do what ever you WANT.

Answer 9

just prove you paid her and get out