My daughter was given a 30 day notice to vacate the apartment. They don't want to renew. Pay rent or not?????

Question

They said that they don't have to tell her why they don't want to renew. That sucks because she was given only 30 days. Is there a law to protect the renter. 30 days is not enough notice. She has a husband, 3 kids and a mother-in-law that just moved in with them. Mom already wants to go back home. My hands a tied. I can't help her. If I had the money I'd help her get a home. But I can't.

Answer 1

I'm no lawyer but I think the law is 30 days notice durring the duration of the contract. That may depend on the State.

At the end of the lease they are under no obligation to renew. They could say, "Your time is up, get out." They were actually pretty kind in letter her know 30 days in advance.
Hopefully they will get their deposit back, but that is not guaranteed.
Either way, PAY THE RENT! If they want to buy a house, it is better to have a glaring note from a previous landlord than a "She didn't pay me" mark on her credit report!

Sorry about the situation. If it is a home she is looking for & they meet the lower income levels, try HUD homes! http://www.HUD.gov
Or even habitat for Humanity or something. They will be alright. Tell them to start packing & use this time of change to move on to better things.

PS The guy above me is wrong. You have to pay rent for the time you stay there. Also, if you stay 1 day into the month, you have to pay for that entire month.

Answer 2

Your daughter might want to check her lease agreement. Her lease may possibly have a clause in it that states landlord may with or without cause terminate the tenancy by giving written 30 day notice, in that case she has to vacate and is responsible for the rent up until the time she moves out, and if the clause is in the lease it does not matter if she has 5 months remaining or 1 year, the only good thing is that she will not be held responsible for the remaining months past the 30 days because the landlord ended the lease agreement, however if she holds over past the 30 day period she is responsible for the rent for that next month(ex. 30 day notice received June 1, she is still there July 1 or July 2, she is then responsible for July's rent), and the landlord can file papers for eviction and she will then be responsible for rent and court fees. She should also make sure that upon vacating all keys are turned in, because in some states, a landlord can charge rent until the keys are returned. If I were you I would advise her to move on, and make sure that she clean the place up and leave it in the way she received it and take pictures and request that the landlord inspect the place while she is present and get something in writing stating the condition of the property.( any damages or charges etc.,). Good Luck.

Answer 3

She will have to pay rent for the last month. Laws vary by state but here they need to give you 30 days from the first of a month. She should be able to move in a month it isn't like a house where you need to move appliances and yard stuff. She may have paid the last month rent when she rented the apartment and she might get her security deposit back.
She didn't need to do anything wrong but when you are a renter they have a right not to keep you. I knew someone told to move so the landlord could move family in.
Your daughter's family might have done something to make themselves not welcome that you don't know about. They could have moved the MIL in without permission or they could be having loud arguments, playing loud music or the kids could be running or rude.

Answer 4

If your daughter has a written lease and has not violated any of the terms of the lease (one late payment of rent is a violation), she is entitled to stay until the duration of the lease agreement.

If she is a month-to-month tenant, she falls under the statutory lease laws existing in the state in which she lives. Most states only require thirty days notice to terminate such a tenancy.

She is expected to pay the rent due for any month or portion thereof during which she continues occupancy.

Answer 5

I've read several times on Yahoo that in CA it's 60 days. You need to check the landlord/tenant laws for CA. I am a landlord and you wouldn't have been in my rental 3 months without paying rent. When my tenants don't pay, I have a hard time meeting my expenses. In PA you could receive a 3 day pay or quit notice.

Answer 6

Does she have a lease? If she has a lease, she should not have to move, but should check with the housing authority in your city or town.

If she does not have a lease or the lease expires in 30 days, she is SOL. If the lease terms are monthly, 30 days is the only required notice.

And yes, of course she is still obligated to pay rent while she is still living there. Not paying it will make it more difficult to rent a new place.

Answer 7

If she doesn't pay the rent due she will have to pay it in court and may be liable to pay all of the court fees including the defense(landlord) they will most likely take to court if rent is not payed The lease should be reviewed very carefully and check out the laws in your state on the state government web site under landlord / tennant laws all states have a link for state laws regarding the subject. it may be possible that the lease aggreement was breached and due to that fact they do not have to explain because it was a previously written aggreement.

Answer 8

If she doesn't pay the rent, it's going to haunt her for the next 10 years. In California, if you get evicted or don't pay rent, you CAN NOT GET another apartment! This happened to my sister and she had to move to Arizona as a result.

Answer 9

I think the rent must still be paid, it it's part of the contract. It's a shame that people have to be uprooted like that, but I do believe it's within the law to do so.

Answer 10

when she moved in did she have to pay 1st, last, and security. if so, she under no obligation for the last months rent as it is already paid.