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Old 08-17-2010, 06:37 PM
 
1 posts, read 6,921 times
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Default Question about 30 days notice leaving month-to-month lease

Hi, I'm currently living in a duplex that I've been in for 4 years and am in a month-to-month lease. I'm also in the process of buying a house which should be finished before the end of this month. I haven't given any notice to the landlord that I'll be leaving as I'm still very cautious about the home-buying process and don't want to end up not getting the house and not having anywhere to go. I was hoping somebody could give me some advice as to what to do.. should I just talk with my landlord and tell them I'm in closing for a house and would like to move out at the end of the month? Is there any way to avoid having to pay rent for next month? Also, I'm not concerned with getting back any of the security deposit as I've been here for 4 years and have come to terms with not getting any of it back.. Any advice would be greatly appreciated.
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Old 08-17-2010, 07:53 PM
 
Location: Tempe, Arizona
4,511 posts, read 6,793,289 times
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Your original lease should govern the terms of giving notice and any potential penalties. If you don't have a copy, ask your landlord for one. There also may be state landlord/tenant laws that apply. Suggest talking to your landlord to see what they may be willing to work out with you.
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Old 08-17-2010, 07:54 PM
 
Location: 39 20' 59"N / 75 30' 53"W
11,995 posts, read 11,328,821 times
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Landlord/Tenant Book Index - California Department of Consumer Affairs

You must give the landlord the same amount of notice as there are days between rent payments.193 This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move.

Theres no way you'll get around paying September because of the short notice and your not positive of the date for settlement. However, should you decide to give only two weeks notice and if the LL rents the unit out during that month, they have to prorate and refund for the days after the new tenant signed the lease. Rent can not be collected on the same unit twice.

Why can't you give your 30 day notice now to begin September 1st, so your security deposit will be refunded. The rents paid for the month, but you can leave anytime during the month.

Theres also the possibility you can negotiate if the LL is willing to begin your termination notice the day after receipt, so if you did this now, that would take you to the middle of September. The refund of the security deposit will make up for the loss in rent and if the unit is rented out anytime after your move out, if the LL hasn't prorated your rent for that month (he doesn't have to) he owes you a refund for the days after the new tenant signs their lease. Just throwing out suggestions.

Last edited by virgode; 08-17-2010 at 08:11 PM.. Reason: redo
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Old 08-18-2010, 07:08 AM
 
Location: Tampa, FL
2,638 posts, read 5,455,529 times
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Personally, in that situation I would just pay the extra month. It makes move-out and cleaning much less stressful when you have plenty of time and you wouldn't have to worry about the timing so much in case your closing is delayed or whatever.
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