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Old 05-19-2013, 03:00 PM
 
105 posts, read 146,366 times
Reputation: 56

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Hi everyone,

I don't know where or who to ask this to.. so I might be on the wrong forum.

My lease expires on June 8. We had requested to stay month to month but the landlord declined and asked us to move asap but he would follow up and see what he could do or how much time he could give. He wants to sell the house and is afraid the selling season will be missed if we rent for two more months.

So, today (May 19) he gave us a written notice that we have to vacate by June 19. Our lease expires on June 8. He says the notice from today's date is our thirty days notice to move.

Is this right? Also, does the thirty day notice have to start from the June 8 lease end date or is now also fine for him to give?

thanks

p.s. our contract says exactly the below:

This lease automatically renews on a month to month basis unless Landlord or Tenant provides the other written notice of termination not less than thirty days before the expiration.

On the last day of the month following the month in which the notice is given, Landlord is not obligated to prorate the rent even if Tenant surrenders the Property before the termination date.
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Old 05-19-2013, 03:17 PM
 
4,399 posts, read 9,561,145 times
Reputation: 2363
Quote:
Originally Posted by mayflowers4me View Post
Hi everyone,

I don't know where or who to ask this to.. so I might be on the wrong forum.

My lease expires on June 8. We had requested to stay month to month but the landlord declined and asked us to move asap but he would follow up and see what he could do or how much time he could give. He wants to sell the house and is afraid the selling season will be missed if we rent for two more months.

So, today (May 19) he gave us a written notice that we have to vacate by June 19. Our lease expires on June 8. He says the notice from today's date is our thirty days notice to move.

Is this right? Also, does the thirty day notice have to start from the June 8 lease end date or is now also fine for him to give?

thanks

p.s. our contract says exactly the below:

This lease automatically renews on a month to month basis unless Landlord or Tenant provides the other written notice of termination not less than thirty days before the expiration.

On the last day of the month following the month in which the notice is given, Landlord is not obligated to prorate the rent even if Tenant surrenders the Property before the termination date.
What state are you in?
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Old 05-19-2013, 04:02 PM
 
105 posts, read 146,366 times
Reputation: 56
Dallas, Tx
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Old 05-19-2013, 05:02 PM
 
Location: The Triad (NC)
31,175 posts, read 68,177,105 times
Reputation: 37024
Quote:
Originally Posted by mayflowers4me View Post
We had requested to stay month to month but the landlord declined and asked us to move asap...
Quote:
Originally Posted by lease
This lease automatically renews on a month to month basis unless Landlord or Tenant provides
the other written notice of termination not less than thirty days before the expiration.
When did the LL ask you to "move asap" (after the lease ended)... and was that in writing?

If not in writing and before May 8... you may have him on a technicality.
But pressing for the official letter of the agreement will still only buy you an extra week or so.

fwiw... you *really* don't want to be there if he's trying sell.
Start packing.
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Old 05-19-2013, 08:14 PM
 
9,117 posts, read 8,454,220 times
Reputation: 8617
Quote:
Originally Posted by mayflowers4me View Post
Hi everyone,

I don't know where or who to ask this to.. so I might be on the wrong forum.

My lease expires on June 8. We had requested to stay month to month but the landlord declined and asked us to move asap but he would follow up and see what he could do or how much time he could give. He wants to sell the house and is afraid the selling season will be missed if we rent for two more months.

So, today (May 19) he gave us a written notice that we have to vacate by June 19. Our lease expires on June 8. He says the notice from today's date is our thirty days notice to move.

Is this right? Also, does the thirty day notice have to start from the June 8 lease end date or is now also fine for him to give?

thanks

p.s. our contract says exactly the below:

This lease automatically renews on a month to month basis unless Landlord or Tenant provides the other written notice of termination not less than thirty days before the expiration.

On the last day of the month following the month in which the notice is given, Landlord is not obligated to prorate the rent even if Tenant surrenders the Property before the termination date.
Doesn't sound like he's got it right.

Sounds like he should have dated it for July 19th.

Last edited by Informed Info; 05-19-2013 at 08:36 PM..
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Old 05-19-2013, 08:18 PM
 
Location: Berkeley, Denver, CO USA
15,201 posts, read 22,769,436 times
Reputation: 25918
Default This will help

U-Haul: Your moving and storage resource
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Old 05-19-2013, 08:25 PM
 
Location: Silicon Valley
18,666 posts, read 25,919,074 times
Reputation: 37474
Yes, he's in the right. He actually gave you a little extra time, because he didn't give you official termination notice on May 8th. It's okay to give 30 calendar days notice.

The other clause about prorating the rent is something some landlords do to make the tenant have to pay until the end of the month. If you were the one who gave notice, he could have said you had to pay to the end of June, because your 30 days would have fallen mid-month. I think these clauses are unfair, but at any rate, it doesn't apply to your situation.

So, yep, you have to move by May 19th. So, on June 1st, you pay 19 days prorated rent for June. If you can find a place sooner, sounds like he may be willing to reimburse some rent.
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Old 05-19-2013, 08:48 PM
 
9,117 posts, read 8,454,220 times
Reputation: 8617
Quote:
Originally Posted by NoMoreSnowForMe View Post
Yes, he's in the right. He actually gave you a little extra time, because he didn't give you official termination notice on May 8th. It's okay to give 30 calendar days notice.

The other clause about prorating the rent is something some landlords do to make the tenant have to pay until the end of the month. If you were the one who gave notice, he could have said you had to pay to the end of June, because your 30 days would have fallen mid-month. I think these clauses are unfair, but at any rate, it doesn't apply to your situation.

So, yep, you have to move by May 19th. So, on June 1st, you pay 19 days prorated rent for June. If you can find a place sooner, sounds like he may be willing to reimburse some rent.
No, the lease doesn't end until the 8th of June. Why would s/he have to prorate anything starting June 1st? S/he wouldn't and doesn't.

There is also this little clause in the lease that states:

Quote:
This lease automatically renews on a month to month basis unless Landlord or Tenant provides the other written notice of termination not less than thirty days before the expiration.
The LL asked him/her to get out by the 19th of June on the 19th of May. That isn't 30 days before expiration of the lease which is June 8th. He should have given him/her notice by the 8th or 9th of May....
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Old 05-19-2013, 10:00 PM
 
Location: The GREAT State of TEXAS
292 posts, read 952,501 times
Reputation: 318
Quote:
Originally Posted by Sawdustmaker View Post
No, the lease doesn't end until the 8th of June. Why would s/he have to prorate anything starting June 1st? S/he wouldn't and doesn't.

There is also this little clause in the lease that states:



The LL asked him/her to get out by the 19th of June on the 19th of May. That isn't 30 days before expiration of the lease which is June 8th. He should have given him/her notice by the 8th or 9th of May....

He is actually doing her a courtesy by allowing her to stay beyond the lease ending date, had he wanted her out by June 8th which is the lease end date he would have had to give her notice on May 8th. He legally has to provide her 30 days notice that he is requiring her to move even after her lease expires.

Being that she will be there until the 19th of June...she needs to pay 19 days of rent from the 1st of June unless her lease states otherwise.

I would be out looking for a new place asap..if things are like here in Houston..places are going fast, esp with summer coming up and people switching for schools. I know at the apt community I work at in Katy, we have no 2's or 3's, not even on notice...
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Old 04-27-2015, 11:48 AM
 
1 posts, read 1,031 times
Reputation: 10
Default 30 days could be legally sent on May 8th for a termination on June 8th.

Quote:
Originally Posted by mayflowers4me View Post
Hi everyone,

I don't know where or who to ask this to.. so I might be on the wrong forum.

My lease expires on June 8. We had requested to stay month to month but the landlord declined and asked us to move asap but he would follow up and see what he could do or how much time he could give. He wants to sell the house and is afraid the selling season will be missed if we rent for two more months.

So, today (May 19) he gave us a written notice that we have to vacate by June 19. Our lease expires on June 8. He says the notice from today's date is our thirty days notice to move.

Is this right? Also, does the thirty day notice have to start from the June 8 lease end date or is now also fine for him to give?

thanks

p.s. our contract says exactly the below:

This lease automatically renews on a month to month basis unless Landlord or Tenant provides the other written notice of termination not less than thirty days before the expiration.

On the last day of the month following the month in which the notice is given, Landlord is not obligated to prorate the rent even if Tenant surrenders the Property before the termination date.
Hi, Termination could legally be sent a month before to terminate on June 8th. In otherwords, no month to month extension.
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