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Old 02-09-2011, 01:48 PM
 
4,919 posts, read 9,867,633 times
Reputation: 5734
I agree it apears to say 60 days as in 60 days, not by month. I would want to see what is the wording of the actual first part spelling out the lease term and any definitions on month and such because there could be something that says any notice within the month hold to the end of the monthly term.
Eaxmple on one lease I know of:
"Definitions
11- All terms of this lease including addendums shall be applied on a monthly basis as outlined in Part A. Lease Basis, with occupany based on monthy dates to include full payment of each month. However, notices required under this Lease shall be based on calender days but shall not alter the monthly basis of this Lease"
That means all notices are based on calender days to be legal and proper but the monthy lease is always based on the month. So the lease runs the 1st to the end on month. A 60 days notice given on the 5th of Januray will be binding in the month 60 days later (March 7th) for termination at the end of that month (March 31). If the notice was given January 28th, the 60 days would be March 29th with termination of lease on March 31st.
This may not be the case but I would ask the OP to read the first sections to make sure nothing in that spells out any similar wording that notices and lease month may not always follow each other. The 60 day notice may mean 60 days minimum before lease can be terminated but that means terminated at the end of the month when that 60 days happen.

And want to add, since many parts of a lease follows other parts, its easy to read one section and not another and mistakenly think your reading it correctly when you missed something else somewhere that applies to what you are reading, or you think it means one thing when courts and the state laws have another meaning. So, NY Annie is 100% correct that you need to get proper legal advice so you, the lease, the landlord, the laws and the courts are all talking the same language.

Last edited by PacificFlights; 02-09-2011 at 02:10 PM..
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Old 02-10-2011, 07:42 AM
 
Location: southwest TN
6,589 posts, read 6,879,800 times
Reputation: 10594
I thought about this (see bolded sentences) and that's what stood out to me. Also, as a landlord (as well as a tenant), I cannot imagine having a middle of the month ending. How you'll fare with a judge is anyone's guess. Get the legal opinion. If the lawyer agrees with you and drafts a letter to the landlord, you've saved a bundle. If not, it only cost you an extra $50 to avoid going to court.

Please let us know the outcome.


Quote:
Originally Posted by PacificFlights View Post
I agree it apears to say 60 days as in 60 days, not by month. I would want to see what is the wording of the actual first part spelling out the lease term and any definitions on month and such because there could be something that says any notice within the month hold to the end of the monthly term.
Eaxmple on one lease I know of:
"Definitions
11- All terms of this lease including addendums shall be applied on a monthly basis as outlined in Part A. Lease Basis, with occupany based on monthy dates to include full payment of each month. However, notices required under this Lease shall be based on calender days but shall not alter the monthly basis of this Lease"
That means all notices are based on calender days to be legal and proper but the monthy lease is always based on the month. So the lease runs the 1st to the end on month. A 60 days notice given on the 5th of Januray will be binding in the month 60 days later (March 7th) for termination at the end of that month (March 31). If the notice was given January 28th, the 60 days would be March 29th with termination of lease on March 31st.
This may not be the case but I would ask the OP to read the first sections to make sure nothing in that spells out any similar wording that notices and lease month may not always follow each other. The 60 day notice may mean 60 days minimum before lease can be terminated but that means terminated at the end of the month when that 60 days happen.

And want to add, since many parts of a lease follows other parts, its easy to read one section and not another and mistakenly think your reading it correctly when you missed something else somewhere that applies to what you are reading, or you think it means one thing when courts and the state laws have another meaning. So, NY Annie is 100% correct that you need to get proper legal advice so you, the lease, the landlord, the laws and the courts are all talking the same language.
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Old 02-10-2011, 07:52 AM
 
3,758 posts, read 4,325,020 times
Reputation: 1807
Quote:
Originally Posted by zemax View Post
Thanks, that's what I thought but I am waiting to hear more opinions before I start arguing with my landlord.
What people are getting at is that their may be a requirement(even if it is not explicit) elsewhere in the lease where it makes you liable for the entire month. So the advice given is good to pay $50 to have your lease reviewed by a lawyer.
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Old 02-10-2011, 08:46 AM
 
Location: St Thomas, US Virgin Islands
21,286 posts, read 24,396,794 times
Reputation: 22103
All I can add from experience dealing with leases, both commercial and residential, is that if the lease states that the payment date is the 1st of the month (which most are), the notice to quit is legally based on that, whether notice of quit is 30 days, 60 days or 90 days or whatever. If your lease runs from the 15th of the month or the 3rd of the month or whatever day of the month is proscribed in the lease agreement then the same logic applies - you are mandated to give the required notice depending on what your lease says.

For instance, if you give a 30 day notice of quit on say, November 3rd when your lease agreement says that your rent is due and payable on the 1st of every month, you are liable for not only November's rent but also December's rent. It's really that simple. Having an attorney review your lease really isn't necessary as long as you can read! Good luck!
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Old 02-12-2011, 07:47 AM
 
Location: Virginia Beach
25 posts, read 68,291 times
Reputation: 22
What is the expiration date of your lease?

If your lease ends on the final day of each month, that may be why your LL is looking for the full month of April's rent. You gave notice on 2/5, so 60 days would be 4/5 (or thereabouts) but if your lease expires on the last day of each month, you could have given notice on 2/5 or 2/28 and your lease would still (in the LL's mind, this is not legal advice) end at the end of April.
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Old 02-12-2011, 01:29 PM
 
2,062 posts, read 2,911,227 times
Reputation: 2649
Default Before arguing

Quote:
Originally Posted by zemax View Post
Thanks, that's what I thought but I am waiting to hear more opinions before I start arguing with my landlord.
You should research your counties landlor/tenant laws so you can present your case properly. You don't want to end up looking like a moron.
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Old 02-13-2011, 12:50 AM
 
Location: The Wild West
855 posts, read 1,496,991 times
Reputation: 1147
Here is how my lease reads.

"Notice to terminate, if on a month-to-month basis, shall be given thirty days prior to the periodic rental date specified in the notice."

What this means in my case is that notice has to be given by either party PRIOR to the 1st of the month. If 30 day notice was given on say Feb 2nd, the Tenant would owe Feb and March rent and move out officially on March 31st.

Lacking such a clause (and look carefully, it may be buried in other text) then a straight 30/60 days would apply.

These clauses can be confusing, read them carefully.
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Old 02-13-2011, 03:15 PM
 
2,062 posts, read 2,911,227 times
Reputation: 2649
Exclamation I'm confused...

I'm confused about all this confusion. If you are to give 60 days notice then give 60 days notice. Pretty simple, isn't it? If you miss the 'due date' then you start from the next 'due date'. OMG...is there poor air quality where you
are living or something to that effect that would make this so complicated for you?
Koale
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Old 02-10-2012, 03:38 PM
 
1 posts, read 3,986 times
Reputation: 10
Quote:
Originally Posted by zemax View Post
I am on month by month lease which requires 60 days termination notice. I gave notice on 5th Feb so that I could vacate the property on 5th April but landlord is insisting that I need to pay for the entire month of April whereas I am saying that my notice period ends on 5th April and I should only pay for the prorated rent till April 5th. Please let me know what is the law in North Carolina? Our agreement does not say anything about prorate rent or full month rent.
As a landlord and a tenant I would suggest you would need to give notice before the 1st to start the 60 day clock. My lease said I had to give notice by the end of the month for a 30 day notice. IE.Feb 29 for a move out date of April 1st.

The only thing that may change that would be if you signed a lease dated on the 5th with concurred payments due on the 5th.

I'm not a lawyer and this is not legal advice.
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Old 02-13-2012, 10:28 AM
 
8,244 posts, read 6,634,523 times
Reputation: 8572
Quote:
Originally Posted by zemax View Post
It says:

1. Paragraph 1, "Terms" of the Agreement is amended to read as follow: Notwithstanding the foregoing, the Tenant must provide sixty (60) days written notice of intent to terminate this agreement.
2. paragraph 15, "Tenant's Hold Over" of the Agreement shall be amended to read as follows: If Tenant remains in possession of the Premises with the consent of landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall be due and owing at thirteen hundred ($1300) per month and except that such tenancy shall be terminable upon sixty (60) days written notice served by either party.
Easy, the landlord isn't agreeing to your "hold over" pay the full month of April, or be out before the 1st.
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