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Sonshine | Am I required by law to give 30-days notice- when I never signed a lease? |
I have been renting a condo for almost 4 years. The last 3 years I have signed a yearly lease. Well my last lease ended in June and the property manager did not want to renew a yearly lease and insisted on a month-to month lease. When I received the new lease by mail, I knew that I intended to move, so I never signed the month to month lease. So as it stands there is no signed lease in place as my last lease ended in June-but the problem is, now that I am ready to move, the property manager insists that I pay for the month of December and the month of January b/c by law I am required to give 30 days notice. I submitted my "30-day notice" on December 3rd- but my lanlord insisted that because the month had already begun that I would have to pay January's rent as well. How true is this? and Am I really bound by this 30-day law when there is no signed lease in place? PLEASE HELP!!!!!
BTW- I am set to move Dec. 12th |
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Wyleeguy
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No he cannot tack on a month at worst he could prorate you through January 3rd. There is nothing stopping him from renting the place the day after you move out.
I was in this situation before, and I told them, look I will give you the keys and move out, you get the benefit of prepping the place while I am still paying rent so the 30 days you give is enough. Also insist that he will refund any difference in rent if someone moves in before Janury 3rd.
Bottom line, if he can't produce it in writing, tell him you will be happy to take it to small claims court. |
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nlewing20032003
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By law you are required to give a 30-day notice. The landlord should charge you a pro-rated rate for the month of Jan. But you still are responsible for the Dec rent because you gave it on the 3rd of dec and 30-days after that is Jan 3. It doesnt matter that you are moving on the 12th you are responsible for the payment for Dec. |
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Greg B
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In most cases you are on a Month to Month lease even if you don't go in and sign every month, by paying your rent, you are agreeing to the terms of your original lease without being locked in for any ammount of time. Usually if you look at your original lease agreement it will cover all of this.
In my experience if you do not give 30 days notice, even if you are not under a lease, the property manager has the right to charge for another months rent, and can sue you or garnash your wages to collect if you refuse to pay...it is DEFINATELY in your best interest to give the full 30 days notice. |
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MortgagePro
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In my state you are still required to give the notice as your staying there month to month is implying that you are agreeing to the terms of the original lease. I know it is not going to be what you want to hear but they are probably right. The best way to find out if you are required to do so is check your states "Landlord and Tenant" Laws to see what the requirements are. The best thing to do is get an attorney but only if the costs justify it. Most states won't allow the landlord to pursue you for the extra money but they could get a judgement against your credit. You need to read your original lease as its terms are still in force just on a month to month basis even though you didn't sign a new lease. Your being there implies the agreement. |
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Paula M
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Be sure that your formal notice was in writing....you need to send another letter including three days of January rent and state clearly why you are not paying for an entire month's rent.
landlord/tenant laws vary in each state.....if you default to a month to month you need to give at least 30 days notice.....
google your state and landlord/tenant laws to confirm that you gave proper notice.....also, demand an exit walk thru and have a letter prepared to be mailed based on that walk thru that you expect your deposit returned as stated in your state's law by such and such a date.....when that date passes by w/ no check.....and believe me....it will.....you will go down to your small claims court and request a hearing date....serve notice on the landlord.....and (pay a small fee).....when the judge hears your side and sees your documentation.......he will gleefully award YOU double damages....don't be afraid of small claims....
Here in AZ, I only have 14 days to dispo the deposit....if I don't the tenant gets twice the amount.....I would never, but then I would never illegally ask for an extra month's rent....
Make sure you cancel all utilities to end on Jan 4th. |
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morequestions
 |
well that depends on the state law but i know that in NY, if he can prove that you were living there, (i.e. rent receipts) then he does have legal recourse for 30 day notice. its the same thing that prevents people living month-to month from being thrown out on the street out of nowhere. i forget the legal term but it basically means that although there is nothing on paper, your existing situation implies that you had some kind of agreement. even so, you shouldnt have to pay for a whole extra month. he should prorate since it falls in the month of january. but only the first week! |
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TheTruthAboutMortgage.com
 |
Maybe you could leave, but in good faith, you should give 30 days notice if you've stayed there for 4 years and had a good relationship with your landlord.
Aside from the karma involved, your next landlord will need a reference and 4 yrs is a huge reference. And if you get into with your landlord, he could take you to court and muck up your credit.
I say give them 30 days. At least talk to the person man to man.
Learn about mortgage, credit, and personal finance at:
http://www.thetruthaboutmortgage.com |
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James
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As a landlord who does not have a signed Tenant at will agrrement, it is true that I have to give them 1 month notice, or they have to give me the same...
I would ask the landlord if they would mind the different terms...
good luck |
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janice h
 |
I would check with a lawyer but I would think that as there is no signed lease you would not have to give any notice at all. I do not believe there is a law to cover this I think the landlord is just trying to be a jerk and he is succeeding. Go ahead with your move but check with a lawyer just in case. |
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