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Jeff S | My lease ends in October but landlord says I have to pay an extra month.? |
My landlord is telling me I have to pay an extra month because I didn't give him a 30 day notice that I was moving out. But I did refuse to sign another lease months ago. Can he legally do this? It was a 1 year lease, im not breaking it... it is ending. |
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estielmo
 |
Yes, you owe because a lease converts to a month-to-month and to end THAT tenancy you must provide 30 days notice.
Just because you didn't sign a new lease doesn't count as proper notice. Put it this way. What if the landlord simply assumed that you would move out at the end of the lease and rented the place out even though you thought it would go to m2m? You would come home one evening and find all your stuff on the parking lot and the locks changed and new people in your apartment.
You owe the extra month. |
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Happy As Can B
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In the lease it might say he wants 30 or 60 days notice. Wether its within that year or not, you are still obliged to do so. |
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Loving Wife
 |
Doesn't matter you still have to give a 30 day notice in written form prior to the lease end Month. During a lease period it is 60 days with a termination fee.
End of lease you could have refused to sign but the lease rolls month to month there after so the landlord would have had to give you a notice as well.
You are stuck and must either pay or give notice and stay for an addition 30 days. |
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acermill
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You ALWAYS have to give the required notice to vacate, lease or not. The statutes of all states provide for such, as protection for both the landlord and the tenant. You needed to provide written intent to the landlord that you were vacating prior to October 1. |
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April Dawn
 |
It sounds like you must give a 30 day WRITTEN notice to the landlord. A lease normally renews as a month to month lease once the initial lease has expired and that is what has happened here. You had better pay this even if you don't want to because the landlord can get a judgment against you for the nonpayment. |
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Kelley M
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You are required to give the landlord notice and it should be in your lease. Otherwise without your notice they would assume that you are staying. They need to have time to lease the apartment. When I have gone out to look for apartments the communities have always had a list of apartments that will be available and on what day which is something they can't do if you don't tell them |
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Terran
 |
I would take a look at your original lease and move-in paperwork again. A lot of leases have a provision in them that changes the rental agreement to a month-by-month situation after the period of the lease is up. My first apartment was like that, so after my 1 year lease was up I stayed another year on month-by-month status.
This would mean that if you didn't tell the landlord you were leaving after the lease was up, he/she would need to know you weren't going to stay. If on the other hand, there's no provision in the lease about month-by-month you *might* be able to argue the point, but I doubt you'd get anywhere with it. Its common practice to tell the landlord you're neither staying and signing a new lease, nor month-by-month.
One thing you could suggest is that the landlord pro-rate your rent from the time you told him/her you weren't staying. So if you told him on Oct 15 you weren't staying, he could charge you to Nov 15 because that's 30days notice. |
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grammy
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if you have no lease then I would think not. What does the lease you have say about move out? I would say no but I really do not know if you said you would not sign an other lease then it should have been a verbal notice HE did not ask you if you were going to stay or if you would sign a lease for a shorter amount of time? Does you lease say that after the year is up it becomes a month to month in this case you would be obligated to pay or give the 30 day notice. |
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dixietough82
 |
No. If your one year lease has expired, then it is the landlord responsibility to ask you if you intended to renew the lease agreement or find another living situation. When you refused to sign another lease agreement, he should have asked you then if you planned on moving out. I would put it in writing that the present lease agreement is ending on MM/DD/YEAR and that due to the expiration if said lease you have decided to move. On MM/DD/YEAR you gave notice by refusing to sign new agreement. Sign, date and make a copy. |
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WooleyBooley again
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Did you not have to post a deposit plus first months rent when you signed the lease? Tell him to keep it instead, make sure you receive paper work from him for this. |
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