Does a 30 day notice period in a month to month rental contract have to mean the end of the month?

Question

I had a one year rental contract on my place which, upon expiry, converted to a month to month contract. It says that I have to give 30 days notice to leave the place. I gave that notice on November 26th, for a departure date of January 16th - way more than 30 days.

My landlord is saying, though, that I have to pay rent through to the end of January, that I can't just pay to January 16th. The contract mentions nothing explicity in that sense.

Anybody know legally where I stand on this?

Thanks!

I should just emphasize (because one person already couldn't be bothered to read my question properly) that I have given a lot more than 30 days notice. I am just planning to leave in the middle of the month rather than at the end and this is a problem for the landlord.

Thanks very much to Miss R for the constructive response, more opinions welcome!

Answer 1

You shall have to check the statutes of the state in which you reside. In most states, your landlord would be correct, since tenancies are defined in statutes as a calendar monthly period if the rent is due on the first. Exceptions, of course, occur when your 'rent due date' should fall, as example, on the fifteenth of every month. Then your monthly agreement goes from the fifteenth to the fifteenth.

Frankly, I am unaware of ANY state which does not follow the statutory month situation, but if you care to indicate where you live, I will check the statute for you.

My guess, however, is that your landlord is correct, since she promptly made you aware of the requirement. We landlords tend to be quite aware of what the statutes provide.

Answer 2

Your landlord will deduct the remaining 30-days of unpaid rent from your security deposit. Your landlord will turn any unpaid rent and damages to a collections agency (plus collections costs) and/or will sue you in small claims court (plus legal fees). Make sure you read your rental agreement and state's landlord tenant laws. Some rental agreements require a 30-day move-out notice before the first day of the final month, so you may be liable for remainder of this month and next month. Also, if you vacate without telling your landlord in writing, the landlord may file an eviction in order to legally repossess the unit.

Answer 3

First mistake yu made is not truly understanding your rental contract. When it states 30 day notice to be given then that is a legal agreement between you and your landlord proven by your signature. You will be legally responsibleto pay rent from now until the end of January or can be taken to court for breech of contract. The contract does say 30 day notice and even then you want to depart 10 days short of it in the first place. Just pay your rent, receive a partial or full deposit back and forget the headache of having to go to court and lose the case.

Answer 4

Generally it means at least 30 days prior to the end of the rental term. If your term is 1st of the month to last of the month, you cannot unilaterally alter it to the 15th by giving notice on the 15th of the prior month. You are stuck with paying rent to the end of the next term.


** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 5

nope it means a 30 day notice unless she can point out where in your lease agreement it states that notice has to be given on the 1st of the month (at least thats how it is in my county, im a pm and have been for about 9 yrs) good luck!

Answer 6

I've never heard of a daily rate for renting. It's always monthly. I think that's your issue, not the notice. Rent is not pro-rated. You could leave on Dec. 31 -- that would work.