I've lived in an apartment for the past 3 years. I signed a 1 year lease when I moved in, and havent signed another one since. So I this automatically puts me on a month to month basis. RIght?
Now I'm moving in 2 weeks. I called my manager to tell her, and she said since I did not give her a 30 day notice she has to take 1 months rent from my security deposit for lost rent for the month of novemeber. And she said that my lease clearly states that. Which it does.... but my lease also clearly states that it expired 1 year after I signed it. So I dont think I should have to pay anything out of my security deposit unless its for damages to the apartment. Am I right, or is she right?
2007-10-23 12:32:33 · 11 answers · asked by muah! 2 in Business & Finance ➔ Renting & Real Estate
Sorry dear, but your rental manager is correct. In the absence of a written lease, you default to a 'statutory month to month' lease, the terms of which are governed by the laws of your state. ALL states require that thirty days notice of intent to leave be tendered.
Your rental manager has the law on her side.
2007-10-23 14:16:15 · answer #1 · answered by acermill 7 · 1⤊ 0⤋
You always need to give 30 days notice. No matter what. Your lease states it. You should have given notice as soon as you knew you were gonna move. Now they will take away the security and charge you for any and every repair. Better get on your hands and knees and make it look like new again!
I am sorry, but the manager is right and your lease backs it up. Escpecially if it states that it will go month to month after the 12th month.
2007-10-23 12:39:00 · answer #2 · answered by _nicole_ 4 · 1⤊ 0⤋
Read your lease. If it doesn't state that the lease is considered valid even after expiration, or something to that effect, then I don't see why you'd have to give a 30 day notice. But I don't see what you can do about it now. I mean, can you afford to take this to court? Is it worth it? Maybe it would be better for you to call the landlord & tell her you will pay the month's rent, then make the apartment look perfect & hope to get the rest of your security deposit back.
2007-10-23 13:44:49 · answer #3 · answered by Olivia 3 · 0⤊ 2⤋
You are required when on a month to month tenancy to give 30 days notice 60 days when on a year lease. Just because your lease expires does not mean that the terms and conditions of the lease don't apply anymore, they still do. So yes, your landlord is well within her legal rights to charge you for November, sorry.
2007-10-23 12:52:39 · answer #4 · answered by Weimaraner Mom 7 · 1⤊ 0⤋
Check your state laws. In our state you only have to give notice 20 days prior to the end of the lease. So if you wanted to move out in October then you would have to give notice by the 11th (20 days before the 31st) Your landlord has the responsibility to get the apartment rented ASAP and if so you are entitled to a pro-rated refund. If you find someone who qualifies to rent and is willing to take over your apartment in two weeks that should take care of the problem. You may be right (depending on your state) that the landlord can not deduct "rent" from a "security" deposit but you may still be liable for Nov. rent and if you don't pay they may have the right to take you to court over it.
2007-10-23 12:52:30 · answer #5 · answered by RichDaddy 2 · 0⤊ 1⤋
Your lease does become a month to month. On a month to month you have to give 30 days notice = to a month.
It's not like a job where you can give 2 weeks notice.
She is entitled to 30 day notice to vacate.
2007-10-23 12:40:32 · answer #6 · answered by Anonymous · 1⤊ 0⤋
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2016-10-07 11:58:32 · answer #7 · answered by savitz 4 · 0⤊ 0⤋
Your landlord is right. When you don't sign a new lease and go into month to month, all rules to the original lease still apply.
In PA she could get two months.
2007-10-23 16:35:57 · answer #8 · answered by Classy Granny 7 · 1⤊ 0⤋
She is correct. Even if you are on a month to month basis, you are still required to give a 30 day notice.
2007-10-24 01:28:58 · answer #9 · answered by brandyrhi 2 · 0⤊ 0⤋
I wish U had mentioned the state you are in. It would have made matters easier.Try searsing the Tenancy Right Act in your state and that might help.
2007-10-23 12:41:18 · answer #10 · answered by guy2598us 2 · 0⤊ 1⤋