Lease ends - 30 day notice? (lease agreement, tenants, eviction, renter) - Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

bryoko · 08-03-2008, 11:32 PM

My one year lease is ending on August 26th, and I'm planning to move out. I waited to secure the new place before telling my landlord today (August 3rd). He mentioned about a 30 day notice, but it wasn't on the contract and I'm a first time student renter so I didn't know about it. I simply thought that I could just go when my lease ends by giving him 3 weeks notice. I don't know if it's relevant, but the contract doesn't explicitly state that it's a one year or monthly contract, that part was merely an oral agreement between us.

Now he says he's "thinking it over", as though I need his approval. Does this mean I'm legally bound to give the 30 day notice even though it wasn't in the contract?

STT Resident · 08-04-2008, 06:55 AM

Absent it being particularly written into your one year lease agreement (and that agreement IS a contract) it's generally understood that you are required to advise the landlord within 30 days of the end of the lease agreement whether you intend to renew or quit. You should give your landlord written notice NOW of your intention to quit but I believe he DOES have the right to demand pro-rated rent from you to cover the full 30 days. In other words, if your lease agreement ends on August 31st and you give the landlord 30 days notice as of August 5th or whatever, he can charge you additional rent up to September 5th, assuming you are moved out by end of day August 31st. Cheers!

ajzjmsmom · 08-04-2008, 07:09 AM

I agree a 30 day written notice is standard.

ESFP · 08-04-2008, 01:46 PM

Without a clear start/stop date on your lease, you are on a Periodic Tenancy. Usually, without specific arrangements, you have a Default tenancy, and it is presumed to be a month-to-month. Termination of this type of arrangement (lease) is regulated by your local statutes. But, usually, the notice for eviction or your voluntary departure is equal to the period of the tenancy (in your case, 30 days), to end on the last day of the pay period. If your rent were due on the 30th, that's when your month-to-month agreement would end, and you would want to time your 30-days notice to match this. These laws are constantly changing, and often require less notice. You need to check with a lawyer in your jurisdiction. Never do an oral agreement again, they are worth $Zero!!!! If it isn't written, it didn't happen.

bryoko · 08-04-2008, 04:32 PM

Thank you for all your replies. Fortunately, my landlord told me today that there'd be no problem with my intention to move out. Of course, I did give him a couple phone numbers of people who are looking for a place to rent...anyway,Yay! Happy Ending =]

ESFP · 08-04-2008, 05:31 PM

Ahhh, that is a relief. I hate to read some of these horror stories, like it when I can help, and have mixed feelings when I have to be devil's advocate. It is sure good to hear things are working out. Live and learn. Read this forum often and share your thoughts. Thanks for the update!

sabree · 12-13-2008, 05:00 PM

I have a month to month lease. My rent is due the 1st of the month but I have up to the tenth to pay my rent. I submitted a 30 day notice to my landlord December 10 to January 10 was I wrong she accepted it but then called me a couple of days late to request Decembers rent

sabree · 12-13-2008, 05:04 PM

I have a month to month lease. My rent is due the 1st of the month but I have up to the tenth to pay my rent. I submitted a 30 day notice to my landlord December 10 to January 10 was I wrong she accepted it but then called me a couple of days late to request Decembers rent

Ultrarunner · 12-14-2008, 03:38 AM

Yes, unless you paid last months rent when you moved in.

If you did pre-pay last months rent, you would still owe 10 days rent for the month of December.

Rickers · 12-15-2008, 07:17 AM

Put yourself in your landlords shoes and do what you would like to have done to yourself. Give the landlord as much notice as possible. 30 days minimum, there may be a state law that dictates this regardless if it is written in the lease or not. You may need to use this landlord as a reference someday, don't burn bridges. In my state of Montana if a landlord wants to be rid of tenants at the end of a one year lease he must give the tenants 60 days notice provided the tenants have not violated any of the terms of the lease. Some counties have separate rules within the state.