My wife and I will be closing on our home in 2 weeks. We have already put a 30 days notice in to our landlord. The landlord states that she has a problem with our 30 days notice because we will be moving in the middle of July instead of July 1st. When we signed the lease to the apartment, it states that we only have to give a 30 days notice. It did not specify what time period we have to move. If we move before our 30 days, we will lose the deposit which we need to purchase things in our new home. Is there anything we can do if she does not accept our 30 days notice?
2007-06-17 08:25:24 · 6 answers · asked by stergre1975 3 in Business & Finance ➔ Renting & Real Estate
Your rental contract is from the 1st of the month to the end of that month. You didnt state when you gave the 30 day notice, the way it sounds is that you gave the 30 day notice in mid June. So, you gave your 30 day notice early. You will be resonsible for all of July's rent. Your contract is July 1 to July 31. and she is entitled to that rent.
Now since July would be paid for, its up to you if you move out any time during July. She cannot refuse your 30 day, but she can expect all of July to be paid for. She cannot hold your deposit back as long as she had the 30 day notice, and july is paid for. She can only hold it if you dont pay July rent and there are damages.
2007-06-17 09:16:37 · answer #1 · answered by kimmamarie 5 · 1⤊ 0⤋
They have to accept your notice, there is no way they can deny it. By leaving in the middle of the July, you will need to pay rent, prorated of course, for that month. If you are really generous, then pay for the entire month. You moving out in the middle of the month should be a blessing for the landlord. It gives them plenty of time to re-paint, repair, and re-carpet, and STILL get someone else in the apartment by August 1st. Therefore, they lose no rent, which I am sure is why they have a "problem."
The only way you would lose your deposit is by damage to the apartment, or if you have not fufilled the term of lease. (you have only been in the apartment for 10 months and signed a 12 month lease.)
2007-06-17 08:43:12 · answer #2 · answered by narmuriel 2 · 0⤊ 2⤋
If there is nothing in your lease that stipulates that the 30 days must coincide with a rent period then she cannot penalize you. The second thing is that it should be clearly stated in your lease that deposit money is for specific items that are not normal wear and tear and need replacing/repair because of some action by you.
You can check with your city to see if there is a specific department that oversees rentals and see if they can help. As a last resort you may have to take her to small claims court.pp
2007-06-17 08:34:37 · answer #3 · answered by ttpawpaw 7 · 1⤊ 2⤋
If your contract says 30 days with no specific date then you did the right thing. If the landlord gives you problems, you may need to see an attorney.
2007-06-17 08:28:47 · answer #4 · answered by Shay 4 · 0⤊ 1⤋
in general rental contracts it is assumed and often in fine print that 30 days notice is from the date of payment due which I assume is the 1st f the month? one option is to offer the 15 days rent as pro rated which any reputable land lord will do ie: rent $1,000 per mo, so divide 1000 x 30= 33.33 per day take the 33.33 x 15 days or $500 due for overstay..
2007-06-17 08:31:31 · answer #5 · answered by The Thinker 6 · 1⤊ 1⤋
Depends on what state you are in. Find legal consul on this one.
2007-06-17 08:28:57 · answer #6 · answered by Marion 2 · 0⤊ 1⤋