Do You have to Give "30 days Notice" when renting "month-2-month"?

Question

My daughter's lease expired 4 mos. ago and she is now on a "month-2-month" basis. She did not renew her lease because she knew she wanted to move after she was hit with a huge rent increase. She has found new diggs and can move in 15 days. Will she be forfeiting her ($500) deposit for not giving 30 days notice?

Answer 1

Yes. The thirty day notice remains in effect when one is on a month-to-month agreement. In the absence of a written lease, one defaults to a 'statutory lease', the terms of which are governed by state law. Nearly all states have the thirty day notice as part of their statutes.

Answer 2

Even on a month-to-month basis it is always best to give at least a 30 day notice of intent to vacate.

It doesn't mean she has to still be living there during that time. As long as the rent is paid in full she can move whenever she wants. The landlord already has the rent money.

Giving the written notice still doesn't guarantee a deposit is returned. But if she leaves the apartment in the same condition as when she rented it, then there should be no problem.

Answer 3

Yes she has to give 30 days notice. No she will not be forfeiting her deposit. The deposit is only for damages done to the residence. If they keep any of it, I believe they have to send her an invoice of why, and how much. I don't believe the landlord can keep a deposit it in order to cover back rent. If she has a balance owed, they have to sue her for it.

Answer 4

A 30 day notice is required. If one gives less, one is liable for the rent for 30 days after notice is given -- unless the premises are re-rented more quickly than that. A shortfall in rent paid can be charged against the deposit.

Answer 5

What does her original lease say? It should state a required notice time. See...just because the lease expires, it's terms are still in place with the exception of rental amount and lease term.