U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 08-04-2008, 12:32 AM
 
2 posts, read 60,425 times
Reputation: 16

Advertisements

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?
Reply With Quote Quick reply to this message

 
Old 08-04-2008, 07:55 AM
 
Location: St Thomas, US Virgin Islands
22,567 posts, read 27,275,301 times
Reputation: 23151
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!
Reply With Quote Quick reply to this message
 
Old 08-04-2008, 08:09 AM
 
Location: somewhere
3,667 posts, read 5,328,769 times
Reputation: 2051
I agree a 30 day written notice is standard.
Reply With Quote Quick reply to this message
 
Old 08-04-2008, 02:46 PM
 
Location: Maryland
1,668 posts, read 5,553,282 times
Reputation: 1487
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.
Reply With Quote Quick reply to this message
 
Old 08-04-2008, 05:32 PM
 
2 posts, read 60,425 times
Reputation: 16
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 =]
Reply With Quote Quick reply to this message
 
Old 08-04-2008, 06:31 PM
 
Location: Maryland
1,668 posts, read 5,553,282 times
Reputation: 1487
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!
Reply With Quote Quick reply to this message
 
Old 12-13-2008, 06:00 PM
 
2 posts, read 58,769 times
Reputation: 11
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
Reply With Quote Quick reply to this message
 
Old 12-13-2008, 06:04 PM
 
2 posts, read 58,769 times
Reputation: 11
Unhappy Do i owe decembers rent

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
Reply With Quote Quick reply to this message
 
Old 12-14-2008, 04:38 AM
 
14,220 posts, read 26,484,274 times
Reputation: 8375
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.
Reply With Quote Quick reply to this message
 
Old 12-15-2008, 08:17 AM
 
Location: In The Outland
6,038 posts, read 6,900,952 times
Reputation: 3535
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.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $89,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top