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hi - my NC lease has went to month to month - and reads "in the event the Tenant becomes a month-month tenant...Tenant shall be required to provide Landlord, IN ADVANCE, thirty (30) days written notice of Tenant's intention to surrender the Premises".
Would you/anyone know if the "in advance" implies anything about the timing during the month ?
thanks!
It's generally understood that if your rent day is the first of the month then you would give the LL a month's notice which would be the last day of the preceding month. You can play semantics with the actual meaning of 30 days notice but this is what's generally recognized. In other words, if your rent is due on the 1st of March you would give your written notice on the last day of February with the intention of being out by April 1st.
thanks for the reply. in this case i'm actually the landlord and its also fine I was just previously under the (mis)impression that once a lease month starts, the term becomes 30 days - clearly isn't the case. So it turns out i was surprised by notice for Mar 10.
Interesting to me "Elsehwhere in the lease..." - so i'm curious your take on this - why would a landlord put an un-enforced clause in the lease? I've always tried very hard to accomadate early move outs (and actually very successful) in order to refund tenants rent when they want to move out early, even before 30 days, but if the unit goes unrented I do expect them to pay for any period of unrented time which they had properly leased.
I personally don't have the type of margin to comfortably absorb 20 unrented days in a month - in the event that I couldn't re-rent it prior to the 1st of the next month. Certainly it is considerably easier to rerent on the first than any other day of a month.
The 'odd' twist to this is the market is good enough that I had multiple possible tenants, and they are willing to move-in sooner than they need the new place in order to secure the property. so..oddly enough (outside of a few prep days) someone is paying for the place, be it the outgoing tenant or the incoming tenant
(Granted the new people will actually be moving in early) curious if responder is a landlord, would you put such a clause that 30 days notice must be given from the first of the month into your lease and then not expect payment if you coudn't release the property on an odd-day but lets say in your scenario - you coudn't release until Apr 1 ? (in this case tenant was in place 14 months)
this isn't my full time job by any means, i like to do what is reasonably for tenants and also myself. again, rarely a problem but I equally hate to see a new tenant paying double just as much as an outgoing tenant...
(Granted the new people will actually be moving in early) curious if responder is a landlord, would you put such a clause that 30 days notice must be given from the first of the month into your lease and then not expect payment if you coudn't release the property on an odd-day but lets say in your scenario - you coudn't release until Apr 1 ? (in this case tenant was in place 14 months)
this isn't my full time job by any means, i like to do what is reasonably for tenants and also myself. again, rarely a problem but I equally hate to see a new tenant paying double just as much as an outgoing tenant...
If a term lease ends on September 30, the tenant has until midnight on that date to move out and pays rent through that date. If the tenant arbitrarily decides to move out prior to that date even better as you then have some time to effect any necessary repairs or clean-up and get the place shipshape for the next tenant whose rent starts October 1st without a mad last-minute dash. I've been in several situations both as landlord and tenant where the apartment has been ready to move into a week or two prior to the official move-in date and I've allowed/been allowed to move possessions/furnishings in before physically moving in on my "rent day". Same with a month to month as with a term lease.
I think you're making things unnecessarily difficult for yourself by playing around with this notion of pro-rating rent both to an incoming and exiting tenant if the present tenant arbitrarily moves out a little early. This shouldn't be your normal practice and entails way too much confusion. Stick to the 1st of the month for your rent day and keep things simple! Landlording is a business and if you start making accommodations on simple basics it'll only set a precedence which could lead to bigger entanglements. Good luck!
I have moved out of a house i was renting on february 28. I had two roommates and both there names were on the lease. I moved out and they decided to keep renting the place for another six months. The lease was through a property management group. I went in today april 15 and asked when i would receive my security deposit. The lady said I wouldnt receive my security deposit until august when they move out. She explained to me that this is a north carolina law. Even though I took my name off the lease and turned my notice in she said the lease is still active. I thought that lease would be done and a new one would have to be started. Is this true or is she lying to me
I have moved out of a house i was renting on february 28. I had two roommates and both there names were on the lease. I moved out and they decided to keep renting the place for another six months. The lease was through a property management group. I went in today april 15 and asked when i would receive my security deposit. The lady said I wouldnt receive my security deposit until august when they move out. She explained to me that this is a north carolina law. Even though I took my name off the lease and turned my notice in she said the lease is still active. I thought that lease would be done and a new one would have to be started. Is this true or is she lying to me
The security deposit isn't returned until the lease ends and all parties to the lease move out. A LL has a certain period to return the security deposit and is dependent on state landlord tenant laws but is usually within 30 days. You can find a link to NC laws in the first "sticky" on this forum. The agent is not lying. The property management company will return the security deposit to one of the current leaseholders less any itemized deductions within the proscribed time and then you will have to work with whoever the cheque is sent to to have your portion returned to you.
On a month to month when a rent increase is required how much time does the owner need to give the tenant? I assume that when the rent is paid a letter can be given to the tenant explaining that the next rent will be increased from the present amount. Is this correct?
I live in NC. Lease agreement says that after a year the lease can be renewed on a month by month basis. However, the home owners association says lease must be for 6 mos or 1 year at a time. Which has priority? Lease is up in 1 month and they want confirmation that I will move out in 1 month or renew for 6 months...only option given. However, application in place to buy a house which would not close for 2 months. So do I now renew and try to find a place to live for 1 month or renew for 6 months and hope I can get out of contract.
Lease agreement says that after a year the lease can be renewed on a month by month basis.
However, the home owners association says lease must be for 6 mos or 1 year at a time.
Which has priority?
Assuming the owner agreed to the extra tight HOA rule... the HOA rule trumps.
Quote:
...the (LL's) want confirmation that I will move out in 1 month or renew for 6 months...
However, application in place to buy a house which would not close for 2 months.
What does "application to buy" mean?
If you're not currently in escrow (signed contract to buy)... extend the lease for six months.
If all the stars align and you're able to buy before the six months is over...
cross that bridge (talk to your LL) about that situation then.
Whenever you are able to buy (or move ftm) it's quite normal to have an extra month (or two)
of rent or mortgage to pay at the old residence. Be prepared for that in your budgeting.
This month is 3 months before my lease expires. My landlord (Geneva Park Apartments) has sent me a letter saying i owe more money for rent for June. I am confused as to i thought a lease meant that they cannot increase your rent until it expires? Please tell me if i have not understood this correctly... thanks
question i have a lease dated 8/2 and end 7/15 i just gave notice that i'm not renewing my lease becasue i have lost my job, i'm paying the full rent for july and was told they are chargeing me month to month for August and september, because they were not giving 60days. can they do this?
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