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Hungry Hippo | I told my landlord by email that I'd be moving out in August on July 2nd. Can that count as a 30-day notice? |
I told my landlord on July 2nd that I'd be moving out in August. The exact words were "we're planning on moving out... in August." written in an email. I gave her our specific move out date (7/25) the other day, and she is now claiming that I owe rent for the next month. My current lease ends August 4th and then becomes a month-to-month arrangement. Do I have any legal recourse, or will I be forced to pay an extra month's rent?
(I created this question previously, but I had a typo that made it really confusing, sorry about that)
Additional Details
I should add that I have a deposit with her, which she'll probably keep if I don't pay next month's rent. |
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Janet P
|
Email is not legal notification and she certainly can sue for the next months rent.
Email is not "written" notice and can not be signed (the biggest problem with it). It can also easily be forged and the date/time stamp altered by either party. It is not admissable in court. |
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bbbandit
 |
Do you have the email? If your lease ends on August 4th and you notified them you'd be moving in August on July 2nd you're covered..at least by PA law. |
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blibityblabity
|
Unless it says it in your lease specifically, you could just move out on august 4th with no notice. Even so, it sounds like you gave at least 30 days, and emails are an easy thing to track.
As for legal recourse, you can't be "forced" to pay anything, it is a question of her recourse when you don't pay, and I don't think she has any.
I think she will end up keeping your deposit, but she sounds like the type that was going to keep it no matter what you did. From a legal standpoint, it sounds like you are in the clear, but by the time you hire a lawyer and everything, you are kind of SOL. |
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Miles C
 |
Not legally
Do it in writing, hand delivered |
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brogersadminogiedu
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If the lease has a termination date on it, then that lease ends on that date. If there is a clause that says it is to be replaced by a month-to-month upon termination, you'll be required to give appropriate noticed for the month-to-month agreement. Seems to me that in order to have your July 2nd notification of intent to vacate hold water you would have to have included a final date of occupancy in it, which it does not sound like you did. |
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Worldly25
 |
You pay. Registered mail, receipt requested, 30 days before lease ends. Should have been sent June 28th, landlord would have received before July 4. That is 30 days prior to Aug. 4th. So your new move out day is Sept. 4th unless you can negotiate with landlord. |
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jenfrompen
|
The NY State law states that any tenant that wishes not to renew their lease must give written notice no later than the last calender day of the month prior to the last month of occupancy. Otherwise the tenant will remain responsible for all rent until the termination date of the lease. |
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sacmen4fun
 |
I believe that if your LEASE states your Lease is over August 4th. You are good.
Did she respond to the email, so you could prove you sent it?
You need to get your LEASE out and read it. |
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Lynn
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If your rent cycle is from the 4th of the month through the 4th the next month that should be good. |
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irenewynn53
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Hello! I am going to take the initiative to say that it depends on when your lease expires. if your lease expires august 2nd then on July 2nd you said you told her you would be movin out? Well you would then be within your guidelines because legally you are to give her a 30 day notice if you are not renewing your lease. If you did not comply in a timely manner then yes you will be asked to pay for the remainder of your lease agreement "Does that make sense?" |
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Bibs
 |
The language you used in the notice could have been stronger and more exact. You should have said this is a 30 day notice that we are moving on July 2, 2008. This should have been sent with the original notice, not at a later date. You could have problems with your notice. It is best to send a notice by certified mail with a return receipt. Then you have evidence of delivery. |
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