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Old 09-16-2018, 09:57 AM
 
415 posts, read 366,484 times
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Hi all,

I will be moving states for a job and I am only 5 months into my year lease, and my apartment requires 60 days notice.

Has anyone moved for a job, and if so, how does it work? If I need to move in a months time that won't be 60 days notice, and obviously I can't stick around 60 days and forego a job opportunity. I intend to pay what is needed, but what if you have to move in 30 days? If you give the letter in what do you list as move out date?
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Old 09-16-2018, 10:04 AM
 
Location: Portsmouth, VA
6,514 posts, read 8,388,246 times
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I did not leave a 60 day notice. I left a 30 day notice. But I am going to have to pay as though I left 60 days, meaning that I am paying for October for both apartments, the one I am moving to and the one I am moving from. This is in Virginia.

I thought about listing a move out date as 60 days from the date I gave notice but it is not as though I am trying to hold up the landlord from leasing out that apartment to anyone else. That would be the result of your doing so; not sure that the landlord can legally rent it out to anyone else sooner than the date you state on the letter. An actual landlord might chime in and give better information. It might also have something to do with the states in question and what the laws are there, which you have not provided to us.
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Old 09-16-2018, 10:12 AM
 
415 posts, read 366,484 times
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I will also be moving from Virginia so it seems this is the rule here. I see what you're saying. If they require 60 days notice but you only give 30 I am wondering how this works? Unless it relates to payment.
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Old 09-16-2018, 10:18 AM
 
Location: Portsmouth, VA
6,514 posts, read 8,388,246 times
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Quote:
Originally Posted by newintown89 View Post
I will also be moving from Virginia so it seems this is the rule here. I see what you're saying. If they require 60 days notice but you only give 30 I am wondering how this works? Unless it relates to payment.
Depends on the landlord. If it is outlined in the lease they have a case to come after you for that additional months rent. Some landlords might just let it go. As far as I know eviction is the only way to get out of a lease without providing sufficient notice.
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Old 09-16-2018, 10:47 AM
 
Location: Phoenix, AZ
6,309 posts, read 4,769,857 times
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Quote:
Originally Posted by newintown89 View Post
my apartment requires 60 days notice.
60 days notice for what?


Leaving mid term or whether or not you are renewing the lease.


It's a critical distinction. Get it wrong and it could cost you plenty.


https://law.lis.virginia.gov/vacode/...tion55-248.35/


Quote the entire provision word for word.
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Old 09-16-2018, 10:49 AM
 
415 posts, read 366,484 times
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60 days for leaving mid term.
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Old 09-16-2018, 11:00 AM
 
12,016 posts, read 12,630,007 times
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Quote:
Originally Posted by newintown89 View Post
Hi all,

I will be moving states for a job and I am only 5 months into my year lease, and my apartment requires 60 days notice.

Has anyone moved for a job, and if so, how does it work? If I need to move in a months time that won't be 60 days notice, and obviously I can't stick around 60 days and forego a job opportunity. I intend to pay what is needed, but what if you have to move in 30 days? If you give the letter in what do you list as move out date?
You will owe 7 months rent. So that's like 210 days notice. If you are lucky and the new landlord wants to rent it out maybe you will only lose the time they can't rent it for or they will keep your security deposit, ask your LL
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Old 09-16-2018, 11:04 AM
 
415 posts, read 366,484 times
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Quote:
Originally Posted by LifeIsGood01 View Post
You will owe 7 months rent. So that's like 210 days notice. If you are lucky and the new landlord wants to rent it out maybe you will only lose the time they can't rent it for or they will keep your security deposit, ask your LL
They said it is only 60 days notice plus one months rent, so basically 90 days rent. The part I don't understand is the 60 days notice, as they said I can leave early but would owe 90 days no matter what basically, so I assume the 60 days is in regards to rent.
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Old 09-16-2018, 11:08 AM
 
Location: The Triad
34,091 posts, read 82,464,944 times
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Quote:
Originally Posted by newintown89 View Post
How does it work exactly?
As a compromise between the corporate objectives and what the LAW's around there will allow for.
The notice time is almost immaterial. The concern is that a continuing obligation to pay rent may exist.

Quote:
If you give the letter in what do you list as move out date?
You estimate as best you can.

Quote:
I intend to pay what is needed, but what if you have to move in 30 days?
You move when you have to move but BE SURE to allow time to CLEAN, to take a bunch of pics,
and to have the manager in to inspect the EMPTY space for chargeable defects.
And paying for the entire time you are there as ordinary rent; usually through the end of that month.

Damage/cleaning issues aside... the manager is left with a unit ready to be re-let that day.
In most areas the LL will be obliged to accept the same rent rate that you pay from a tenant
who meets the same income/credit standards that you met and to advertise in the same manner.

In the strong rental market that exists in nearly every city it shouldn't require much time for them
to find a suitable replacement tenant or even a new tenant paying current/higher rates.

But if they can't re-rent promptly then you could be obliged to keep paying the rent for a while.
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Old 09-16-2018, 11:18 AM
 
Location: Portsmouth, VA
6,514 posts, read 8,388,246 times
Reputation: 3822
Quote:
Originally Posted by newintown89 View Post
They said it is only 60 days notice plus one months rent, so basically 90 days rent. The part I don't understand is the 60 days notice, as they said I can leave early but would owe 90 days no matter what basically, so I assume the 60 days is in regards to rent.
You're overthinking this. Per Virginia law, the landlord could hold you to the original completion of the lease, which would be an additional 7 months. If you could not make those seven months within a reasonable amount of time you could be in a situation where the landlord may have a legal ground to garnish your wages for that amount. In Virginia that is 15% of your wages. So it can cause a hardship.

I had a similar situation with a vehicle I purchased. I stopped paying after a year. I was on the hook for the completion of that loan, even though the dealership sold it to someone else, which I did not do voluntarily, so I was garnished for the completion of the loan. I have satisfied that obligation as the loan is now completely paid off.

Your landlord has already told you that they are going to hold you for 3 months rent. Which they have the right to do because you are leaving less than halfway into the lease. I'd say you're getting off good. Worst case scenario is that you do not have the three months to give them, they sue you, and you end up paying 15% of your wages to the company before you are legally cleared of that lease. It sounds like you are saying that you would have to pay 90 days whether you gave them 60 days notice or not. Could be the case. But even if you did give them 60 days notice, the fact that your lease does not expire for another 7 months suggests that you could be in a position to pay more. Better 3 months than 7.
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