we've been renting this house since Nov.15,06.We pay rent on time every month, have never caused any issues. he house is really poorly constructed,the heat bill in the winter gets up to 400 dollars a month just being set to 65 degrees.The pipes freeze leaving us without water too.I have never complained to the landlord.We are buying a home,and I just got our closing date yesterday which is Nov. 23rd.My lease was up last June, which I guess defaults us to a month to month lease.So I got our closing date yesterday and I emailed the landlord telling him that this is our 30 day notice to move out & we will be out Dec.15 and will be paying on Dec.1st half the month's rent for Dec. We will probably be out before then, I just wanted to make it fair & give him 30 days notice.He emails me back & says that since our lease expired June 1st, that defaults us to a month to month lease and that we are required to give him 30 days notice from the 1st of the mo. leaving us to pay all of Dec. rent???
2007-11-16 10:36:19 · 9 answers · asked by Olivia 3 in Business & Finance ➔ Renting & Real Estate
I think it'd be fair for him to give us some leniency as we're not even on a written lease and he knows we have a baby on the way and a 7 mo. old & are on a single income. And it's not like I got to choose our closing date on the house..I don't see why he can't just advertise the house up for rent 2 weeks sooner rather than have us pay the extra 2 weeks that we won't even be there for. technically, we could have moved out & not even told him or paid any of Dec. rent, but I wanted to do what I thought was the right thing but apparently it's not good enough for him..
2007-11-16 10:38:57 · update #1
He is correct. Renters move on the first, he won't be able to rent the house in the middle of the month. Month to month is 1st to 1st.
Your baby and your closing are not his issues, he has to pay a full months mortgage, not just 1/2 because of your choices.
BTW, he is not stupid, he is fully aware that you had to agree on the closing date. It is not as if he has never bought property. The closing date has to be agreed by all parties, it does not happen against your will.
2007-11-16 11:30:16 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Yup, he is right, 30 days from the first of the month. You cant expect him to take half a months rent, and have to eat the other half. Does that sound fair?
Regardless of the heating situation, you have been choosing to live there even after you knew the heat was an issue so it cant be that bad.
Another thing is people always want brownie points for paying rent on time. That is what you are supposed to do, it doesn't make you a hero.
Keep in mind if you close Nov 23 your first mortgage payment is not due until Jan 1, leaving you the ability to pay Decembers rent.
2007-11-16 12:42:21 · answer #2 · answered by frankie b 5 · 1⤊ 0⤋
If you live with a month-to-month tenancy then you can end your tenancy by sending your landlord a WRITTEN NOTICE 30 days before you are planning on moving out. State your intentions to end the tenancy in 30 days, SIGN and DATE the notice. Once 30 days have passed AFTER the landlord has received the notice, the tenancy is officially over.
You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. (Exception: You would not have to pay rent for the entire 10 days if you left earlier, and the landlord rented the unit to another tenant during the 10 days, and the new tenant paid rent for all or part of the 10 day
Here's two articles I found. The second states that the renter must only pay for the first 10 days in the next month. So you would only have to pay for the first 15 days in December as you thought.
2007-11-16 13:47:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your landlord is very likely correct.
Very few states allow for the 30 day notice to be given at any time during the month.
The norm is that the notice must include a full rental period.
Don't pay it, the landlord can either deduct it from your security deposit or file in Small Claims court.
As far as you stating, "technically, we could have moved out & not even told him or paid any of Dec. rent".
That is true, however, the landlord would have a slam dunk Small Claims case against you for non-payment of rent.
In many states, a Small Claims judgment can be liened against your new house.
2007-11-16 13:33:56 · answer #4 · answered by ? 6 · 0⤊ 0⤋
It is unclear. We need to know where you live and the exact wording of the carryover provision in your lease. You may owe the full month, you may not.
In either case, if you DO pay the full month, your landlord cannot put someone in the house until Jan.1, even if you're out earlier. You still have leaseholder rights to the property. If you leave on the 15th and they put someone else in the house, you are entitiled to your prorated rent back.
2007-11-16 11:13:15 · answer #5 · answered by sactoking 2 · 0⤊ 0⤋
it will depend how the lease is structured - in Texas the lease has two options - from the first and 30 days from the day of the notice - not that I am chosing sides, but two weeks rent is worth paying for him not to wreck your credit which will take a while to rebuild
Check your lease agreement to see if it stipulates exacly how the notice is ie, 30 days from given date and or from the first - you may also want to contact your local realtor association and or ask the realtor that is helping you on your home purchase on the laws in your state - show them a copy of your lease...
Congrads on the new home !
2007-11-16 13:55:19 · answer #6 · answered by alsballoondepot 3 · 0⤊ 0⤋
The landlord is, in this case, correct. When you give 'thirty days notice', that means thirty days from any one specific rent due date. Assuming that you pay rent on the first, as most do, you would have needed to notify him by November 1 in order to not be liable for December rent. Had you not given ANY notice, he could have taken you to small claims court for the following month's rent (and he would win his case).
2007-11-16 10:53:00 · answer #7 · answered by acermill 7 · 1⤊ 1⤋
unfortunately, he is correct. The 30 day notice to terminate (or even to raise the rent) must be done on the 1st (assuming that's when rent is due).
Just be happy you don't have to deal with this anymore as you become a home owner.
Regards...
2007-11-16 10:46:44 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Sorry to say he is correct. You will need to pay all of December.
2007-11-16 15:26:13 · answer #9 · answered by Classy Granny 7 · 0⤊ 0⤋