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Ordinary Eyes | As a tenant with an expired contract, how much notice do I need to give? |
Hi,
I had a 6 month rent agreement with my landlord. After the contract expired I have continued to live there regularly paying the rent. I now want to move out.
Q) How much notice am I required to give?
Q)Also I have good reason to suspect he won't pay my deposit back. Should I leave the last month unpaid, and if I do what legal position does this put me in? |
 |
 
Landlord
|
It should state on your lease. Without it being stated most states require 30 days, for both you and the landlord.
You need to pay the rent. Not doing so opens you up to lawsuits and collections, neither of which is great for your credit.
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Tina
|
Normally it is a 30 day notice but check your lease to see if they ask for more notice.
No, you can't leave your last month rent unpaid, it will go against your credit and your rental history. Clean up really well and then take photographs to document that the place was clean and undamaged when you left. |
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M W
 |
1) One month.
2) You should not leave the last month unpaid. This will risk your credit. Clean up diligently. Take photos. Request a walk-through when done. That's you and them. And wait the amount of time prescribed by your State to expect your deposit back. Follow your contract. This leaves open legal channels to recover your deposit if needed. |
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gafpromise
|
30 days written notice is required on a month-to-month tenancy. I would not suggest holding back rent. Document the condition of the unit when you move out, and if he charges against your deposit, you can dispute him in small claims court if you don't feel it is fair. |
|
estielmo
 |
Thirty days notice to move. Ask the landlord if he will accept the deposit as the last months rent. Some gladly do. If you withheld rent from me the penalty clauses in the lease would kick in and I'd sue you.
My lease provides that when the term [six months in your case] expires it converts to a m2m agreement with all clauses (penalty clauses included) stay in force. |
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Yankee Thunder
 |
I would assume you leave the same notice as if you were still under lease. If you rent monthly then leave 1 month notice. However, do NOT assume that you can stay the last month rent free because they will keep the deposit. It depends on the state you live in but most states have a time limit before being late in deposit return. If they find any damages, and they always do, they take it out of there but unless you trashed the place you should get most of it back. Any damages they find should be supplied to you in a written form when handling your deposit return. If they are shady people just be sure to take plenty of pictures from various angels with dates on them as proof right before you walk out the door for the last time and hand in the keys. That way they can't say you trashed the place. or better yet, do a final walk through with them.
If you decide to not pay your rent it will go against you, same with not giving enough notice, and you will have a harder time finding a place in the future. Cheers :) |
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Betta breeder
|
Your contract is expired and unless extended stays are provided in that contract, everything is null. I'm not a lawyer, but it seems you can do whatever you want, and so can the landlord. It would be in your best interest to work it out smoothly though. |
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alta
|
Your now into a "Periodic Tenancy" this has the same rights as the fixed term.
You have to give 1 months written notice.
If your deposit is protected, the landlord will not be able to screw you, but if your tenancy started before April 07 then the landlord/agent will hope the deposit.
The deposit should not be used as the last months rent by a tenant, but it is often done this way, and stops the landlord/agent using it to update decor that they should pay for.
So only you can make this decision. |
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Andrea J
 |
The right thing to do would be to give the landlord one month's notice. Did you give him reason not to give your security deposit back? Is there any damage to your apartment? Make sure you leave the place in the condition you rented it in by making any necessary repairs if there is damage, and leave it clean. You can't withhold the last month's rent on suspicion only. When you give him notice, ask for your deposit back. If he refuses, then tell him that under the circumstances, you will not pay the last month's rent.
Go to this website and read about renter's rights.
http://www.nolo.com/resource.cfm/catID/31250834-6A2E-4970-9EDD4DAF221A0C7E/104/138/. There are other webistes that can give you info on this topic. Just "google" Renters Rights.
Good Luck |
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