I am moving in the middle of December on the 10th. I Give my landlord legal 30day notice on November 5th stating i am giving 30days notice and will move out before december 30th but not sooner than 30days. At the time i only knew i was moving sometime in december. The landlord says once i say in after december 1st I must pay for the entire month since its a month to month lease and rent moving out cannot be pro-rated. Thing is I pay rent early :o and they already have my check for December and they refuse to prorate it unless i move by Nov 30th...who is legally right on this one??
2007-11-27 04:48:27 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
should i
1. move in next 3 days with inlaws?
2. call my bank and have them declare the check void?
3. just stay and pay for the whole month even though i wont be here for 2 weeks after i move?
2007-11-27 04:50:33 · update #1
I dont want to risk getting evicted by cancelling the check. Another option i thought of is I can legally keep the keys and turn it over on the 31st of December...but then i'd have to wait until January to get back my deposit...life sucks :(
2007-11-27 09:48:27 · update #2
then again staying around is not an option because ialready have a job lined up and its in another city 1.5 hours away..arhhhhhhhhhhhhhh I'm going to law school so i can sue the crap out of everyone..hehe
2007-11-27 09:51:44 · update #3
The landlord is correct. For some odd reason, many tenants think that rent is a 'day by day' charge. It's not. Rental periods, unless otherwise agreed to in writing, are full month to full month agreements. In actuality, the landlord can keep all of December's rent even if you DO move by the end of November. Your notice was not timely, since the thirty day requirement ALSO follows the full month to full month situation.
UGH! Do NOT follow the advice of Ronnie, above. If you do as he suggests, you very well could find yourself on the losing end of a small claims court action.
2007-11-27 04:58:12 · answer #1 · answered by acermill 7 · 2⤊ 0⤋
If you’re month to month, it’s highly unlikely that you have a document stating your rent should be prorated. Therefore, your landlord is more than welcome to charge you for an entire month.
I bought a house Nov 1, and moved in Nov 15. However, I have a lease through the end of the year, and that means I’m paying rent on an empty apt. That’s life
2007-11-27 04:57:07 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Offer your Landlord 2 alternatives:
1. You pay in full for December AND keep possession of your apartment till Dec. 31. Remind them that they can not enter apartment when you are not present and, if they want to show it to a prospective tenant, they'd have to make an appointment with you in advance.
2. You move out on Dec. 10 and pay 1/3 of the months rent.
That may work.
2007-11-27 06:16:24 · answer #3 · answered by svikm 3 · 0⤊ 1⤋
No he cant basically grant you with 14 days to get out. for sure he can ask you to go away, yet you dont ought to conform. below section 21 of the Housing Act he has to grant you 2 months note in writing to vacate. purely after both months have elapsed can he keep on with to ther courts for a posession order when you're nonetheless there. The courts will provide a very last date you should vacate because he's legally entitled to get the resources decrease back. He cant evict you, purely the courts have the powers to grant him possession and this procedure can take about 2 months from the proper of the unique 2 month note era.
2016-10-25 03:18:18 · answer #4 · answered by benjamine 4 · 0⤊ 0⤋
I'd go back and take a look at you leasing agreement. Somewhere on it, it should state the terms of moving in and out and pro-rating. I'm afraid that if the lease agreement doesn't say anything about pro-rating, and you signed it. Then you are obligated to pay month-to-month.
2007-11-27 04:54:52 · answer #5 · answered by Go Colts! 2 · 1⤊ 0⤋
The landlord does not have to prorate, and you do not have to pay it all. Even if you don't pay your rent, and get an eviction notice, you still have 30 days to leave.
Cancel the check, and write a check for one week, and tell the landlord this is all your paying. If it is accepted good, if not, their loss.
2007-11-27 04:55:51 · answer #6 · answered by Ronnie j 4 · 1⤊ 2⤋
legally the landlord does not have to prorate anything...
unless you have some paper work saying such..signed!
cancel a check and you will never see your security deposit and they could take you to court for that money and that is a case you will lose
2007-11-27 04:53:05 · answer #7 · answered by Anonymous · 1⤊ 0⤋
if your rent is paid already for dec-sounds like to me your right
2007-11-27 04:56:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋