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Joe D | Help Interpreting one lease paragraph? |
My lease recently expired at my old apartment on the last day of November. I was out of my apartment by that time. However in my lease there is a paragraph saying that I should give thiry (30) day written notice of my intentions to leave. I gave notice on the tenth of November. My landlord is now saying that i owe rent for the month of December because I did not give him adequate notification.
I see the part in the lease where he wants 30 written notice, but I don't see where he has the right to charge me for another month because I didn't give him the full 30 day notice.
I would like to know if I should just pay him and be done with it or take him to court? Thanks,
Lessee agrees at the expiration of this Lease to peacefully surrender and deliver the premises to the Lessor. However, if the Lessee continues to hold possession with the consent of the Lessor after the expiration of this Lease, then such holding over shall not deemed a renewal of this Lease for the whole term, but the Lessee shall be deemed to be a Lessee from month to month only at the same monthly rental herein provided, plus an additional $50 month-to-month fee, and upon the same terms and conditions as herein specified. Lessee agrees to give Lessor thirty (30) days written notice of his intention to vacate the premises, whether under termination of this lease or by way of terminating a month-to-month tenancy. There will be no daily proration of rental, and rental will be due for the entire month regardless of the date during the month possession is given Lessee further agrees to permit Lessor or his agent to show the premises during this time. |
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nukemm33
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Unfortunately this one is written in stone. Its a standard contract that may seem tricky but it's really very simple. Basically it is saying that at the end of your lease if you decide to stay on, meaning you don't give a 30 day notice, then you agree to rent month-to-month with a possible 50 dollar addition. However, you gave the notice on the 10th so legally he can only charge you rent for 10 days in December. |
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Cat
 |
It means that at the end of the lease, if you stay longer than your last day, they can charge you a whole months' rent for any portion of the next month that you stay.
30 days' notice, if you gave it on November 10th, would put the end date at dec 10th. That paragraph you posted says that they can charge for one full month, for any portion of a month longer than the lease that you still are a tenet. (whether you moved your stuff out or not was your own affair - if you gave notice on 11/10, then that means you're liable through 12/10) |
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100% Organic Snarkâ„¢
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If you didn't give 30 days notice, you owe another month's rent. End of discussion. Pay and learn. |
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gafpromise
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Yes, you should always give written notice. He is correct that you owe for another month. That clause says that if the lease is not terminated, it reverts to a month-to-month tenancy, and 30 days notice is required to terminate. |
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estielmo
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No need to wade through all the gobbledy-goop. Virtually every state has landlord-tenant laws that provide for at least thirty days notice (both ways) of the endng of a tenancy agreement. If the landlord wants to press the point he can make you pay.
Flip the situation and imagine how loud you'd be screaming if the landlord gave you two weeks to pack up and find a new place to live. |
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Dee
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He covered his but pretty well in there. If you were out by the end of November then you should have give notice 30 days from then. The notice is 30 days - but since it states not prorated days you have to pay him for the month of December - But if you pay him for that month he can not rent the apartment out because you have paid the rent and you technically have "ownership" He can not collect double rent so if he rents it out before the end of December he owes you a prorated amount of rent. But sorry - according to the lease - you are responsible for the whole month of December. |
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joscasta
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Your lease expired 10/31. So on 11/1 you should have let him know that you planned to move out.
In the lease it says..
"There will be no daily proration of rental, and rental will be due for the entire month regardless of the date during the month possession"
You didn't give him the full 30 days, and since you reported it on 11/10, in the lease it states that you can't do a daily prorate the 10 days in December, so you have to pay the full month. |
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Ross
 |
You said"I see the part in the lease where he wants 30 written notice, but I don't see where he has the right to charge me for another month because I didn't give him the full 30 day notice."
You haven't given him PROPER notice so he is assuming you where still living there and want to charge you that rent. Once your lease ended you went to month to month. At that point he feels right or wrongly that you need to give notice again to break the "new" agreement.
I am not an attorney so I can't tell you if he is in the right or not but this is my uneducated opinion and I could be way off.
This why there are courts to help decide these issues. It is terrible that things can't be written more clearly but attorneys right contract in such a way to keep themselves employed. If they wrote them simple enough for everybody to understand we would have less of a need for them and there fore they would make less money. |
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David T
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Well, its says 30 days, your problem, and you have to pay, legally its part of the contract. Sorry! |
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red top
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it looks like your stuck but talk to a lawyer to be sure |
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jake
 |
what? |
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Charles
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Might as well go ahead and pay him. You won't win this one. Next time, mark your calendar in advance as to when you plan to move out and give proper notice as required by your lease. My landlord requires 60 days notice. |
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igballus
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A. He would have to take YOU to court! So just don't pay. If he really wants to go to small claims court and look like a greedy ***, let him pay for it.
Also, did you give a security deposit? I am POSITIVE he will keep it. They all do, they just assume it is theirs as a greed bonus. So, my hunch is that he will keep your deposit which covers the december rent anyway.
THis question was asked a year ago! Check it ouT!!
Resolved QuestionShow me another »
Return of rental security deposit?
How many of you have ever actually had your full security deposit refunded to you after moving out of an apartment?
It has been my experience that landlords find reasons to keep some or all of the deposit for one reason or another.
How do you feel about those renters who give their 30 day notice and then do not pay their last month's rent because they expect a fight to get the deposit back?
As a landlord would you evict if the tenant gave a written 30 day notice without otherwise breaking a lease, allowed you to inspect the apartment for damages and did not pay their final month's rent if you had a month's security deposit? Would you go through the work of filing eviction for non-payment or just keep the deposit to cover the last month's rent?
1 year ago
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by healthy life Member since:
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i havent. it was designed originally to protect the landlord from bad tenants but its turned into a scam for landlords. basically it gives the landlord an advantage. most people wont bother going to court over a few hundred bucks, so most of the time the landlord gets away with keeping your money.
1 year ago
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by julia4ev... Member since:
March 23, 2006
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legally if there is no damge to to the property the landlord should refund the deposit, if the property is damaged then the landlord needs to decide if the deposit can cover the damages done, if not the tenant can be sued to make up for the difference.
1 year ago
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by omnisour... Member since:
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That'd be illegal, as cleaning deposits MUST be kept seperate from rent monies. Cleaning deposits are cleaning deposits, not rent. Get it?
1 year ago
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by charmedc... Member since:
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I don't know where you live, but where I live (Canada) it is standard practice to NOT pay your last month's rent because the security deposit stands in lieu of the rent, barring damages. Then it would be up to the landlord to prove damages and sue you for them, which never happens unless you've extremely ripped up the apartment to shreds.
If this isn't the standard practice where you live, you can still go ahead and do that, a landlord would need to prove in court that you damaged the place "beyond normal wear and tear" and in such a manner that it cost him your full deposit to repair.
1 year ago
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by Nicktu Member since:
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Keep the deposit. The legal costs and hassle of eviction far outweigh just keeping the money you already have. If there were extensive damages to the place, it would be a different matter. |
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