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I'm going to say this again because it is important, check your notice terms in your lease. If it says 30 days notice no later than the last due date then you would have to give notice for all of July not through the 15th. Unless you have a state law that prohibits this it is very common in leases to include this language.
I'm going to say this again because it is important, check your notice terms in your lease. If it says 30 days notice no later than the last due date then you would have to give notice for all of July not through the 15th. Unless you have a state law that prohibits this it is very common in leases to include this language.
So we had an initial 1 year lease and it's been month to month thereafter.
This is what it says:
Holdover By Tenant
Should tenant Remain in possession of the leased property with the consent of the landlord after the expiration of the term of this lease [the initial 1 yr term], a new tenancy from month to month shall be created and shall be subject to all the terms and conditions of this Lease, but shall be terminals thirty days (30) days by either party. [then it goes on to explain what would've happened if we held over without landlords consent which obviously didn't happen seeing as we're here years later]
So by that wording my assumption is it will be prorated for the month of July. How do you suggest we word our final notice, in order to protect ourselves?
Let's say you give 30-day notice on June 15, for the last day to be July 15th. Tenant is responsible for paying through July 15th and technically still the leasee until then. If said tenant is moving cross country and vacates the property on July 5th, can the landlord legally rent the property to a different tenant on July 6th? Landlord would know the tenants are moving cross country and rental would be vacant. If the landlord does this, is he legally required to refund the leasee for the 6th - 15th? Because wouldn't it be illegal for the landlord to have overlapping leases without refunding the tenant that gave notice but left early?
The rental is in NH, if that makes any difference.
If there IS any statute that says the landlord renting the unit before the term of the lease expires, how would you word this in your 30-day written notice without sounding like a b*tch? I don't want to be a stickler or ruffle feathers but I don't want my landlord thinking he can double dip if it's illegal. We could also simply ask if he minds if we pay through the 5th, however we know he needs the money and doesn't want to risk going without so he will likely tell us he has to stick to the lease agreement which states 30 day notice. I know he'll want to cover his butt, God forbid he can't rent it out till the 15th (which I don't blame him! But like I said, if he is legally required to refund us if he rents it out prior to the 15th then that's what we want- and we want him to be aware of).
Lastly, if leasee has vacated the property does the landlord have free reign to have access to the property? My Dh is concerned that the landlord could have people coming/going during those 10 days remaining on our lease, and God forbid someone got hurt, could we be liable for that? Or would that fall on the landlord? What if landlord is working on the property and leaves a window unlocked and the property gets broken into.. Would we be responsible since we're technically the Leasee until the 15th... I mean obviously we could argue that we weren't there but is there any way he could come after us?
We plan on doing a final walk through the day we vacate. Should we plan on having our landlord sign any legal document that says the property will be vacant, has been reviewed (walk through), and that he understands we are not liable for any damages that may potentially occur on the remaining days of our lease...? (Or some kind of similar document that would protect us)
Well, here is what I would do in your circumstance:
Give your landlord notice that you will be vacating on July 5th.
I am going to assume that there is a grace period to pay rent. So, if you don't pay rent on July 1st, your landlord won't start eviction proceedings immediately. As long as you have vacated before your grace period is up, or before your notice to pay or quit is up, you will not get an eviction on your record.
So, what I'd do, is not pay July rent, and move on July 5th or sooner.
Then, your landlord will take whatever rent is owed out of your security deposit, and any damages.
The reason I'd do it this way, is because if your landlord decides to try to keep your deposit even when he shouldn't, you will not easily be able to sue him from across the country.
Now, otherwise, in NH, landlords have a duty to mitigate damages. This means, that they cannot charge you rent if they rent to someone else for the same period. This is what people are calling double-dipping.
It's quite likely your landlord will try to keep your security deposit, though. Unfortunately, this is quite common. This is why I suggest you move without paying July rent, as long as you can get out before an official eviction proceeding gets started.
In New Hampshire, a landlord can deduct rent owed from the security deposit. So, it's not illegal for you to move out, and owe some rent for July. He can just take it out of your security deposit.
He can only take out rent owed and damage beyond normal wear and tear, but as I said, if he doesn't follow the law and you have to sue him, you'd have to either hire an attorney to represent you in NH or fly back and represent yourself.
So, honestly, if it was me, I'd give notice, not say anything about not paying July rent, then in July, not pay rent, then move quickly, and expect to lose the difference owed to me of my deposit. But, at least I wouldn't be out 2 weeks rent PLUS the deposit.
Well, here is what I would do in your circumstance:
Give your landlord notice that you will be vacating on July 5th.
I am going to assume that there is a grace period to pay rent. So, if you don't pay rent on July 1st, your landlord won't start eviction proceedings immediately. As long as you have vacated before your grace period is up, or before your notice to pay or quit is up, you will not get an eviction on your record.
So, what I'd do, is not pay July rent, and move on July 5th or sooner.
Then, your landlord will take whatever rent is owed out of your security deposit, and any damages.
The reason I'd do it this way, is because if your landlord decides to try to keep your deposit even when he shouldn't, you will not easily be able to sue him from across the country.
Now, otherwise, in NH, landlords have a duty to mitigate damages. This means, that they cannot charge you rent if they rent to someone else for the same period. This is what people are calling double-dipping.
It's quite likely your landlord will try to keep your security deposit, though. Unfortunately, this is quite common. This is why I suggest you move without paying July rent, as long as you can get out before an official eviction proceeding gets started.
In New Hampshire, a landlord can deduct rent owed from the security deposit. So, it's not illegal for you to move out, and owe some rent for July. He can just take it out of your security deposit.
He can only take out rent owed and damage beyond normal wear and tear, but as I said, if he doesn't follow the law and you have to sue him, you'd have to either hire an attorney to represent you in NH or fly back and represent yourself.
So, honestly, if it was me, I'd give notice, not say anything about not paying July rent, then in July, not pay rent, then move quickly, and expect to lose the difference owed to me of my deposit. But, at least I wouldn't be out 2 weeks rent PLUS the deposit.
FWIW, that's what I'd do.
I don't want to screw him over, I just want him to be aware of the law and our rights as tenants. Plus if we get evicted we likely won't be able to rent ever again without good references. Plus the field my husband works in would highly frown upon an eviction. I do agree though that if we have to go to court it will be insanely expensive to keep flying back and really we'd have no way of knowing if he rented to someone new
I don't want to screw him over, I just want him to be aware of the law and our rights as tenants. Plus if we get evicted we likely won't be able to rent ever again without good references. Plus the field my husband works in would highly frown upon an eviction. I do agree though that if we have to go to court it will be insanely expensive to keep flying back and really we'd have no way of knowing if he rented to someone new
If you move before an eviction action has started, then there will be no eviction on your record. And if you don't expect your damages to equal the rent you owe for July, plus damages beyond normal wear and tear, you won't be screwing him over.
By doing it the way I suggested, you are less likely to be screwed over by your landlord. And the fact that you feel compelled to teach him the law, says to me that you believe he will try to keep your deposit. (for some reason, CD will let me say screw, but not in all it's forms LOL)
You can send him a copy of all of the laws. That doesn't mean he won't keep your deposit, knowing how hard it would be for you to sue him. Hence, my "offense" approach. Might as well mitigate your own damages.
If buying a good reference is worth the cost of your entire deposit and rent, when he may rent to someone immediately, and keep your rent too, then by all means let him take your money. If not, you could try doing it my way.
If you move before an eviction action has started, then there will be no eviction on your record. And if you don't expect your damages to equal the rent you owe for July, plus damages beyond normal wear and tear, you won't be screwing him over.
By doing it the way I suggested, you are less likely to be screwed over by your landlord. And the fact that you feel compelled to teach him the law, says to me that you believe he will try to keep your deposit. (for some reason, CD will let me say screw, but not in all it's forms LOL)
You can send him a copy of all of the laws. That doesn't mean he won't keep your deposit, knowing how hard it would be for you to sue him. Hence, my "offense" approach. Might as well mitigate your own damages.
I think I'm going to call an attorney tomorrow. This is all so stressful!
I think I'm going to call an attorney tomorrow. This is all so stressful!
Or, you could do as I suggested, and wait to see if you need to hire an attorney. But, honestly, if you are wiling to spend money on an attorney, then why don't you just pay July rent and let your deposit go, instead?
An attorney will not tell you to do something sneaky, albeit legal.
But, if you do decide to hire an attorney, I suggest you Google New Hampshire bar association lawyer referral service. If they have one, it should be cheap to have an initial consultation with an attorney - usually around $30 - $50.
Or, you could do as I suggested, and wait to see if you need to hire an attorney. But, honestly, if you are wiling to spend money on an attorney, then why don't you just pay July rent and let your deposit go, instead?
An attorney will not tell you to do something sneaky, albeit legal.
But, if you do decide to hire an attorney, I suggest you Google New Hampshire bar association lawyer referral service. If they have one, it should be cheap to have an initial consultation with an attorney - usually around $30 - $50.
Congrats on the new job, BTW!
Well most attorneys give free consults, no? I was going to tell one that I am looking to hire for document preparation (to draft our termination notice with specific verbiage that protects us), and figured in a consult we'd discuss everything and he/she would take a look at our lease.
I know he/she won't tell me to be sneaky but it can't hurt to ask- "if I were to do ____, would I be in the wrong from a legal perspective?"
And thanks! My husband will be the one with the new job. We are so thrilled (minus all the logistics of figuring this type of stuff out lol)
If you move before an eviction action has started, then there will be no eviction on your record. And if you don't expect your damages to equal the rent you owe for July, plus damages beyond normal wear and tear, you won't be screwing him over.
By doing it the way I suggested, you are less likely to be screwed over by your landlord. And the fact that you feel compelled to teach him the law, says to me that you believe he will try to keep your deposit. (for some reason, CD will let me say screw, but not in all it's forms LOL)
You can send him a copy of all of the laws. That doesn't mean he won't keep your deposit, knowing how hard it would be for you to sue him. Hence, my "offense" approach. Might as well mitigate your own damages.
If buying a good reference is worth the cost of your entire deposit and rent, when he may rent to someone immediately, and keep your rent too, then by all means let him take your money. If not, you could try doing it my way.
I just looked at our lease and we get a 2 day grace period and then normal eviction proceedings occur...
Also, I'm just wondering why you think he'll keep our deposit if we pay rent? assuming we pay through the 15th, I cannot think of a single reason why he'd keep an entire month's rent
You are obligated under NH law to pay for the duration of your minimum proper notice period. So, if you give proper 30 day notice and the 30 days run to July 15th, you legally owe rent until July 15th. If you surrender control before expiration of the notice period and the landlord rerents the unit during the required legal notice period, they can double dip for that period. This only applies if you are still within the legal notice period and you gave up control of the unit to the landlord.
If you want this to be simple (you want to abide by the law and not have the landlord rerent and double dip), just give the required notice of termination, tell the landlord you'll be moving out over those days but will finish moving out and return the keys on the last day of the notice period, you move and a few days before the end of that notice period, pay the full or prorated rent for the notice period, and a few days before the term date end mail the keys back by overnight mail with delivery/signature confirmation and a note saying you have moved out but can;t return due to work schedule. Make sure you provide your address for the return of your security deposit. If you do it this way, your 30 days to return the security deposit will startr the day they get the keys and take back control.
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